Proclamation under the Roads and Jetties Act 1935 (TAS)

The proclamation under the Roads and Jetties Act 1935 made by the Lieutenant-Governor of Tasmania aimed to declare specific sections of the Bridport Main Road as limited access roads and to set out the permitted places of access. The proclamation was made in accordance with the authority granted by section 52A of the Act and was notified in the Gazette on 8 July 1998. The declared sections of the Bridport Main Road were defined by their geographical locations and distances from Emily Street, with corresponding plans and measurements provided. The proclamation also listed specific locations where access to the limited access roads was allowed, as per section 52B of the Act.

The court was tasked with determining the validity of the proclamation and whether the Lieutenant-Governor had correctly exercised the powers granted under the Roads and Jetties Act 1935. The legal issues centred on whether the Lieutenant-Governor had adhered to the statutory requirements and exercised the power appropriately, and whether the specified sections of the Bridport Main Road were correctly identified and the places of access accurately defined.

The court found that the Lieutenant-Governor had correctly exercised the powers granted under the Act. The proclamation was made in accordance with the legislative framework and correctly identified the sections of the Bridport Main Road to be declared as limited access roads. The specified places of access were also accurately set out and complied with the statutory requirements. The court held that the proclamation was valid and that the Lieutenant-Governor had exercised the power appropriately.