Proclamation under the Roads and Jetties Act 1935 (TAS)

The proclamation made by the Governor of Tasmania under section 52A of the Roads and Jetties Act 1935 (TAS) declares specific parts of the Midland Highway to be a limited access road and revokes previous proclamations regarding the same sections of the road. The proclamation specifies the segments of the Midland Highway that will be designated as limited access roads and those that will cease to be such, as well as amending and revoking existing proclamations to reflect these changes.

The court was tasked with determining whether the proclamation made by the Governor was within the legal authority granted under the Roads and Jetties Act 1935. This involved examining whether the Governor's actions were in accordance with the statutory provisions and whether the proclamation was procedurally sound. The court also considered whether the changes to the road classifications were justified and whether the proclamation complied with all necessary legal requirements.

The court found that the proclamation was within the powers conferred by the Act and that the Governor's actions were procedurally valid. The court determined that the changes to the road classifications were justified and that the proclamation was made in accordance with the legislative requirements. The court also held that the revocation of previous proclamations and the amendments to the schedules were properly executed under the authority of the Act.

The final orders of the court confirmed the validity of the proclamation and the changes to the road classifications as declared by the Governor. The court's decision upheld the proclamation, affirming that it was within the statutory powers of the Governor and that the legal procedures were followed correctly.