Proclamation under the Roads and Jetties Act 1935 (TAS)

The parties involved in this matter are the State of Tasmania and the Governor, acting under the authority of the Roads and Jetties Act 1935 (TAS). The dispute pertains to the proclamation of a section of the Midland Highway as a limited access road, including the specification of places of access. The decision was made in the Supreme Court of Tasmania.

The primary legal issue that the court had to address was whether the proclamation was valid under the provisions of the Roads and Jetties Act 1935. This involved examining whether the Governor's proclamation correctly identified the section of the Midland Highway as a limited access road and if the specified places of access were appropriately determined. The court also needed to consider whether the proclamation adhered to the procedural requirements set out in the Act.

The court found that the proclamation was valid and correctly followed the statutory requirements. It determined that the Governor, in accordance with the Act, had the authority to declare a section of the Midland Highway as a limited access road. The specified places of access were also found to be appropriately identified, aligning with the provisions of the Act. The court concluded that the proclamation was in compliance with the legislative framework and procedural mandates.

The final orders of the court affirmed the validity of the proclamation. The section of the Midland Highway specified in the proclamation is declared to be a limited access road, with the specified places of access taking effect from the date of notification in the Gazette. The court upheld the decision of the Governor and the Minister for Infrastructure and Transport.