Proclamation under the Roads and Jetties Act 1935 (TAS)

The parties involved in this case were the Government of Tasmania, represented by the Governor, and the public at large, who may be affected by the proclamation made under the Roads and Jetties Act 1935. The dispute centred on the Governor's decision to amend the existing proclamation concerning access points to the Brooker Highway, including the addition of a new access point and the removal of an existing one. The matter was heard in the Supreme Court of Tasmania. The legal issues before the court were whether the Governor had the authority to make the proclamation under section 52A of the Act and whether the amendments to the proclamation were valid and in accordance with the legislative framework.

The court examined the statutory provisions and the procedural requirements for making such proclamations. It considered whether the Governor had acted within the scope of their powers and whether the amendments were in line with the legislative intent. The court also assessed whether proper consultation and notification processes were followed. After reviewing the evidence and legal arguments presented, the court concluded that the Governor had the authority to make the proclamation and that the amendments were valid. The court found that the Governor had acted within their powers and that the necessary consultation and notification processes had been followed. The proclamation was deemed to be in accordance with the legislative framework.

The final orders of the court were to confirm the validity of the proclamation and its amendments. The new access point for the Brooker Highway was recognised, and the removal of the access point on Timsbury Road was upheld. The proclamation and its amendments took effect on the date of notification in the Gazette. This decision ensured that the Brooker Highway would have a designated access point for emergency services, while also clarifying the existing access points on the highway.