{"id":"tas:sr-2009-001","name":"Proclamation under the Highways Act 1951","slug":"proclamation-under-the-highways-act-1951","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"1 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315277,"registerId":"tas-tas:sr-2009-001-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"SCHEDULE 1 - CROWN LAND DEDICA","sectionType":"part","heading":"SCHEDULE 1 - CROWN LAND DEDICATED AS HIGHWAY","content":"# SCHEDULE 1 - CROWN LAND DEDICA SCHEDULE 1 - CROWN LAND DEDICATED AS HIGHWAY\n\n| Name | Description | Length in kilometres |\n| Midland Highway | From its junction with the existing Midland Highway at a point 0.225 kilometres south of Shene Road to the northern side of Rifle Range Road at a point 0.515 kilometres east of that existing highway comprising the area of land shown shaded in grey on Plan 8403 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Schedule 2 to this proclamation. | 0.835 |","sortOrder":0},{"sectionNumber":"SCHEDULE 2 - PLAN","sectionType":"part","heading":"SCHEDULE 2 - PLAN","content":"# SCHEDULE 2 - PLAN SCHEDULE 2 - PLAN\n\n[![graphic image](/image/cpr8403.gif)](/image/cpr8403.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 11 February 2009\n\nThis proclamation is administered in the Department of Infrastructure, Energy and Resources.","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation confines its effect to dedicating the specified parcel of Crown land as highway as described in Schedule 1 and shown on Plan 8403 in Schedule 2. It does not create additional statutory powers or alter other land holdings; administration is assigned to the Department of Infrastructure, Energy and Resources (Schedule 1, Schedule 2)."},"complexity_factors":["Very narrow geographic and legal scope: single, precisely measured parcel (0.835 km) (Schedule 1).","Legal effect is a single, discrete act of dedication of Crown land as highway (mechanical change in land status).","Relies on a cadastral plan (Plan 8403) for exact boundaries (Schedule 2) — technical mapping required but not interpretive complexity.","Administrative steps: Gazette notification and departmental administration (low procedural complexity).","Limited discretionary or regulatory layering: no new powers, exceptions, or complex compliance regimes included.","Practical implications (maintenance costs, access rights) transfer to road authorities/government budgets — operational but routine financial effects."],"plain_english_summary":"This proclamation dedicates a defined 0.835 km parcel of Crown land as part of the Midland Highway (see Schedule 1 and Plan 8403 in Schedule 2). It changes the legal status and administration of that land: the Department of Infrastructure, Energy and Resources will administer the new highway; the Crown makes the dedication; maintenance and any works will be met from the responsible road authority’s or government budgets, and the parcel becomes subject to highway law and public road use."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication the scope changed from its original intent. The proclamation has been current in the same form since 11 February 2009, suggesting it operates as a straightforward, stable administrative declaration consistent with its original purpose under the Highways Act 1951."},"complexity_factors":["The legislation itself (a proclamation) is a simple, narrow instrument with a very specific administrative purpose","The actual operative content of the proclamation is not included in the provided text, limiting full analysis","Proclamations under the Highways Act are typically brief and formulaic in structure","No complex definitions, offences, or multi-party obligations are present in what is visible"],"plain_english_summary":"This is a Tasmanian Government proclamation made under the Highways Act 1951 that formally declares or reclassifies roads as highways, changing their management, funding and maintenance to the State. It affects nearby property owners, local councils, road users, transport operators and government road agencies because responsibility and costs typically shift to the State when a road becomes a highway.\n\nThe provided text is metadata only (current as at 11 February 2009); the specific road(s) and detailed effects are not included."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Header/Title Block","severity":"low","reasoning":"The title 'Proclamation under the Highways Act 1951' appears as both the document title and a repeated sub-heading, and then 'Proclamation under the Highway Proclamation under the Highways Act 1951' appears as a further nested heading — suggesting the proclamation is made under a proclamation that is itself made under the Act. This is a circular authorisation chain at the drafting level.","confidence":0.72,"description":"The document title is duplicated and nested recursively across multiple heading levels, creating a self-referential title structure where the proclamation appears to be titled after itself multiple times."},{"type":"other","section":"Status Information — Currency of Version","severity":"medium","reasoning":"A last-modified date of 5 July 2017 combined with a currency claim extending to 8 April 2026 creates an unresolved gap. Either the file has not been updated for nearly 9 years (calling into question whether the 'usually updated within 3 working days' commitment has been met), or the metadata is incorrect. The three-working-day update commitment is rendered internally inconsistent by the 2017 modification date.","confidence":0.78,"description":"The legislation claims to be 'current from 11 February 2009 to date' but the file was last modified on 5 July 2017. If no amendments exist post-2017, the claim of currency 'to date' (8 April 2026) is unverifiable and potentially misleading; if amendments do exist, they contradict the stated current version date."},{"type":"impossible_compliance","section":"Status Information — Currency Statement","severity":"medium","reasoning":"If the 3-working-day rule applies and the file has not been modified since 2017, either no changes have occurred in 9 years (plausible for a minor proclamation but notable) or the update obligation has not been discharged. The assurance of currency is contradicted by the staleness of the file metadata.","confidence":0.65,"description":"The document states legislation 'is usually updated within 3 working days after a change to the legislation,' yet the file was last modified 5 July 2017 — nearly 9 years before the access date of 8 April 2026. This renders the timeliness assurance meaningless or self-defeating."},{"type":"other","section":"Entire Document Structure","severity":"high","reasoning":"A proclamation under the Highways Act 1951 must, at minimum, proclaim something — a road, a highway, a boundary, a commencement date. This document contains no operative content. It is entirely composed of self-referential administrative metadata. A proclamation with no proclaimed content cannot discharge any legal function and is arguably void for uncertainty or incompleteness.","confidence":0.88,"description":"Every substantive section heading is duplicated verbatim (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'), producing a document that contains no operative proclamation text whatsoever — only metadata about itself."}],"contradictions":[{"severity":"medium","section_a":"Status Information — 'Version current from 11 February 2009 to date (accessed 8 April 2026)'","section_b":"Authorisation — 'File last modified 5 July 2017'","confidence":0.75,"description":"The version is described as current and up-to-date as of 8 April 2026, yet the file was last modified on 5 July 2017. These two statements are in direct tension: a file unmodified for ~9 years cannot simultaneously be reliably described as current to a 2026 access date, particularly given the site's own 3-working-day update commitment."},{"severity":"low","section_a":"Header — 'Proclamation under the Highways Act 1951'","section_b":"Nested heading — 'Proclamation under the Highway Proclamation under the Highways Act 1951'","confidence":0.6,"description":"The nested heading implies the proclamation derives authority from a prior 'Highway Proclamation under the Highways Act 1951' rather than directly from the Act itself. This contradicts the primary title which asserts the proclamation is made directly under the Act, creating an ambiguous and contradictory authority chain."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This proclamation serves exactly its original intended purpose: to formally dedicate specific Crown land as a highway under the Highways Act 1951. It has not expanded beyond this narrow, technical function."},"complexity_factors":["Extremely short document (approximately 150 words of substantive content)","No defined terms section","No cross-references to other legislation except a single citation to the enabling Act (Highways Act 1951)","Simple, single-purpose declaration with no conditional logic or exceptions","Standard proclamation format following a template","Only one substantive item in the schedule (the highway dedication)"],"plain_english_summary":"This is a **proclamation** (an official government announcement with legal force) that formally declares a specific piece of Crown land (government-owned land) to be a **public highway** under Tasmania's Highways Act 1951.\n\n**What it does:**\n- Dedicates a 0.835 kilometre stretch of land as part of the **Midland Highway**\n- The new section runs from just south of Shene Road to near Rifle Range Road\n- The exact location is shown on **Plan 8403** in the Central Plan Register (a government map database)\n\n**Who it affects:**\n- The general public, who can now legally use this road as a public highway\n- The Tasmanian Government, which now has responsibility for maintaining this stretch as part of the state highway network\n- Nearby landowners, whose access rights and property boundaries may be affected by the road's official status\n\n**Why it matters:**\nWithout this proclamation, the land might not have clear legal status as a public road. This formal declaration ensures:\n- The public has a legal right to use the road\n- The government can exercise highway powers (like road maintenance, traffic control, and compulsory acquisition if needed)\n- Legal certainty for property transactions and insurance purposes"}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-highways-act-1951","history":"/api/acts/proclamation-under-the-highways-act-1951/history","analysis":"/api/acts/proclamation-under-the-highways-act-1951/analysis","conflicts":"/api/acts/proclamation-under-the-highways-act-1951/conflicts","importantCases":"/api/acts/proclamation-under-the-highways-act-1951/important-cases","documents":"/api/acts/proclamation-under-the-highways-act-1951/documents"}}