{"id":"tas:sr-2004-077","name":"Proclamation under the Highways Act 1951 and the Roads and Jetties Act 1935","slug":"tas-sr-2004-077","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"77 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318149,"registerId":"tas-tas:sr-2004-077-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"SCHEDULE 1 - Dedication of Cro","sectionType":"part","heading":"SCHEDULE 1 - Dedication of Crown land as Highways","content":"# SCHEDULE 1 - Dedication of Cro SCHEDULE 1 - Dedication of Crown land as Highways\n\n| Name | Description | Length in kilometres |\n| Bass Highway | (a) From the Bass Highway at a point 530 metres east of the centre of the Hagley Station Lane overpass to the Bass Highway at the centre of the Beresfords Lane overpass including the Meander Valley Secondary Road Interchange ramps and the Birralee Main Road Interchange ramps, the boundaries of which are shown by heavy black lines on Plans 6520, 6521, 6522, 6523, 6524 and 6525 in the Central Plan Register. | 12.68 |\n|  | (b) From the Bass Highway at the centre of the Ironcliffe Road overpass to the Bass Highway at the centre of the Chasm Creek Bridge including the Penguin Interchange ramps and the Pine Main Road Interchange ramps, the boundaries of which are shown by heavy black lines on Plans 6526, 6527, 6528, 6529, 6530 and 6531 in the Central Plan Register. | 11.63 |","sortOrder":0},{"sectionNumber":"SCHEDULE 2 - Portions of road ","sectionType":"part","heading":"SCHEDULE 2 - Portions of road declared State Highways","content":"# SCHEDULE 2 - Portions of road  SCHEDULE 2 - Portions of road declared State Highways\n\n| Name | Description | Length in kilometres |\n| Bass Highway | (a) From the Bass Highway at a point 530 metres east of the centre of the Hagley Station Lane overpass to the Bass Highway at the centre of the Beresfords Lane overpass including the Meander Valley Secondary Road Interchange ramps and the Birralee Main Road Interchange ramps, the boundaries of which are shown by heavy black lines on Plans 6520, 6521, 6522, 6523, 6524 and 6525 in the Central Plan Register. | 12.68 |\n|  | (b) From the Bass Highway at the centre of the Ironcliffe Road overpass to the Bass Highway at the centre of the Chasm Creek Bridge including the Penguin Interchange ramps and the Pine Main Road Interchange ramps, the boundaries of which are shown by heavy black lines on Plans 6526, 6527, 6528, 6529, 6530 and 6531 in the Central Plan Register. | 11.63 |","sortOrder":1},{"sectionNumber":"SCHEDULE 3 - Portions of Road ","sectionType":"part","heading":"SCHEDULE 3 - Portions of Road ceasing to be State Highway","content":"# SCHEDULE 3 - Portions of Road  SCHEDULE 3 - Portions of Road ceasing to be State Highway\n\n| Name | Description | Length in kilometres |\n| Bass Highway | (a) From the northern end of the Hagley Station Lane overpass at Hagley to the junction with the Meander Valley Secondary Road at Violet Banks via Hagley and Westbury. | 12.67 |\n|  | (b) From the centre of the Ironcliffe Road overpass to the eastern junction with the Nine Mile Road roundabout at Howth via Penguin. | 7.46 |","sortOrder":2},{"sectionNumber":"SCHEDULE 4 - Subsidiary Roads","sectionType":"part","heading":"SCHEDULE 4 - Subsidiary Roads","content":"# SCHEDULE 4 - Subsidiary Roads SCHEDULE 4 - Subsidiary Roads\n\n| Name | Description | Length in kilometres |\n| Meander Valley Secondary Road | From the eastern junction with the Hagley Secondary Road Roundabout at Hagley to the junction with the Meander Valley Secondary Road at Violet Banks via Hagley and Westbury. | 11.79 |\n| Preservation Secondary Road | From the eastern end of the Penguin underpass off-ramp to the eastern junction with the Nine Mile Road roundabout at Howth via Penguin. | 7.02 |","sortOrder":3},{"sectionNumber":"SCHEDULE 5 - Bass Highway Limi","sectionType":"part","heading":"SCHEDULE 5 - Bass Highway Limited Access Roads","content":"# SCHEDULE 5 - Bass Highway Limi SCHEDULE 5 - Bass Highway Limited Access Roads\n\n| Name | Description | Length in kilometres |\n| Bass Highway | (a) That part of the Bass Highway from a point 530 metres east of the centre of the Hagley Station Lane overpass to the centre of the Beresfords Lane overpass, as shown bounded by heavy black lines on Plans 6520, 6521, 6522, 6523, 6524 and 6525 in the Central Plan Register. | 12.68 |\n|  | (b) That part of the Bass Highway from the centre of the Ironcliffe Road overpass to the centre of the Chasm Creek Bridge, as shown bounded by heavy black lines on Plans 6526, 6527, 6528, 6529, 6530 and 6531 in the Central Plan Register. | 11.63 |","sortOrder":4},{"sectionNumber":"SCHEDULE 6 - Places of Access","sectionType":"part","heading":"SCHEDULE 6 - Places of Access","content":"# SCHEDULE 6 - Places of Access SCHEDULE 6 - Places of Access\n\n| Description | Location |\n|  | Distance in kilometres from centre of Hagley Station Lane overpass | Distance in kilometres from centre of Ironcliffe Road overpass |\n| 1. Hagley Station Lane – south side | 0.00 |  |\n| 2. Hagley Station Lane – north side | 0.00 |  |\n| 3. Meander Valley Secondary Road – north side | 2.98 |  |\n| 4. Meander Valley Secondary Road – south side | 3.32 |  |\n| 5. Meander Valley Secondary Road – south side | 4.11 |  |\n| 6. William Street – south side | 6.95 |  |\n| 7. Birralee Main Road – north side | 7.09 |  |\n| 8. Meander Valley Secondary Road | 11.84 |  |\n| 9. Preservation Secondary Road – north side |  | 0.49 |\n| 10. Epsom Road – north side |  | 1.35 |\n| 11. Enterprise Avenue – south side |  | 1.50 |\n| 12. Pine Main Road – north side |  | 1.50 |\n| 13. Pine Main Road – south side |  | 1.54 |\n| 14. Preservation Secondary Road – north side |  | 6.58 |\n| 15. Nine Mile Road – south side |  | 6.61 |\n| 16. Service Road – north side |  | 6.61 |\n| 17. Service Road – south side |  | 7.52 |\n| 18. Service Road – south side |  | 7.99 |\n| 19. Service Road – south side |  | 8.53 |\n| 20. Sices Avenue Roundabout – north side |  | 9.15 |\n| 21. Sices Avenue Roundabout – south side |  | 9.15 |\n| 22. Minna Road – south side |  | 9.86 |\n| 23. Sea Eagle Street – south side |  | 11.42 |\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 22 September 2004\n\nThis proclamation is administered in the Department of Infrastructure, Energy and Resources.","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by its enabling legislation: formally declaring, reclassifying, and delineating specific road corridors. It has not expanded beyond the statutory purpose of road dedication and classification."},"complexity_factors":["Extremely short document (6 schedules, all tabular data)","No defined terms section or interpretation provisions","No conditional logic or nested exceptions","Minimal cross-referencing (only references to specific survey plans in the Central Plan Register)","Purely administrative/descriptive content—simply lists road names, boundaries, and distances","Operates under two existing Acts (Highways Act 1951 and Roads and Jetties Act 1935) but does not modify those Acts"],"plain_english_summary":"This is a **Tasmanian government proclamation** that officially changes the status of several stretches of road in the state's north, specifically around the **Bass Highway** near Hagley, Westbury, and Penguin.\n\n**What it does:**\n- **Dedicates Crown land as highways** (Schedule 1): Takes government-owned land and formally declares it to be public highway, specifically two new sections of the Bass Highway with interchanges at Meander Valley, Birralee, Penguin, and Pine Main Road.\n- **Declares existing roads as State Highways** (Schedule 2): Upgrades two sections of the Bass Highway to full State Highway status (the highest classification for Tasmanian roads).\n- **Removes State Highway status** (Schedule 3): Downgrades two older sections of the Bass Highway—one through Hagley and Westbury, another through Penguin—so they are no longer State Highways.\n- **Creates Subsidiary Roads** (Schedule 4): Establishes two new secondary road classifications for the downgraded sections, allowing local management.\n- **Declares Limited Access Roads** (Schedule 5): Restricts access to the new Bass Highway sections, meaning vehicles can only enter or exit at designated points (not wherever they like).\n- **Lists approved access points** (Schedule 6): Specifies exactly where drivers can get on and off the new highway sections—23 specific locations including roads like Hagley Station Lane, Meander Valley Secondary Road, and Pine Main Road.\n\n**Who it affects:**\n- Motorists using the Bass Highway between Hagley and Beresfords Lane, and between Penguin and Chasm Creek\n- Local residents and businesses near the old highway alignments through Westbury and Penguin\n- Local councils, who will likely take over management of the downgraded road sections\n\n**Why it matters:**\nThis proclamation enables a **highway realignment project**—probably a bypass or upgrade. The new sections become controlled-access freeway-style roads, while the old routes through towns are downgraded to local roads. This improves traffic flow and safety on the main highway while returning the old routes to local control."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Title/Header","severity":"high","reasoning":"A proclamation that invokes two distinct legislative heads of power but contains no operative text creates an instrument that is legally meaningless. It cannot be complied with, interpreted, or enforced because there is nothing to comply with, interpret, or enforce. The instrument purports to have legal effect but lacks the substance to produce any.","confidence":0.72,"description":"The proclamation is made jointly under two separate Acts — the Highways Act 1951 and the Roads and Jetties Act 1935 — without any operative provisions, definitions, schedules, or substantive content visible in the instrument."},{"type":"other","section":"Status Information — Currency of version","severity":"low","reasoning":"A file modification in 2023 without a corresponding amending instrument entry raises a question about whether the version is truly unaltered since 2004. If the modification was purely administrative (formatting, metadata), this is a minor drafting curiosity. If substantive, the currency statement would be misleading.","confidence":0.55,"description":"The document states it is 'current from 22 September 2004 to date' and was 'accessed 8 April 2026', yet the file was 'last modified 29 August 2023'. If no amendment has occurred since 2004 and the file was modified in 2023, the nature of the modification is unexplained and potentially inconsistent with the claimed currency."},{"type":"other","section":"Title/Header — Dual headings","severity":"low","reasoning":"While likely a rendering artefact of the legislation website, duplicated headings in a legal instrument can, in principle, create ambiguity about which iteration constitutes the authoritative title. This is particularly relevant where the title itself is the primary operative indicator of the instrument's scope.","confidence":0.45,"description":"The title of the instrument is repeated in full four times across the document header in an apparently non-intentional duplication pattern, suggesting structural corruption or publishing error that could cause uncertainty about the authentic text of the instrument."}],"contradictions":[{"severity":"low","section_a":"Status Information — 'Version current from 22 September 2004 to date'","section_b":"Authorisation — 'File last modified 29 August 2023'","confidence":0.6,"description":"The instrument claims to be unchanged ('current') since 22 September 2004, yet the file was modified on 29 August 2023 — nearly 19 years later. These two statements are in tension: either the instrument has not changed (in which case the file modification is unexplained), or the file was substantively altered in 2023 (in which case the currency statement is inaccurate)."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The text itself performs routine road-status actions—dedicating Crown land, declaring and ceasing State Highway segments, listing subsidiary and limited-access roads and recording places of access. There is no indication within this proclamation that its scope departs from that operational purpose or from what it expressly records."},"complexity_factors":["Multiple schedules performing different legal actions (dedication, declaration, cessation, subsidiary roads, limited access, access points)","Extensive reliance on external mapped plans (Central Plan Register Plans 6520–6531) to fix boundaries","Precise linear measurements and overlapping segments (similar start/end points with small length differences)","Interplay between declaration and declassification of State Highway status for adjacent/overlapping sections","Detailed list of permitted places of access that constrains local access rights along limited-access stretches","Statutory publication and administrative formalities referenced (Gazette notification, administering department)","Ambiguities for on-the-ground interpretation that require consulting the referenced plans and survey data"],"plain_english_summary":"This proclamation formally dedicates specified Crown land as parts of the Bass Highway, declares particular road portions as State Highways and removes other sections from State Highway status. It also records subsidiary and limited-access road segments and lists authorised places of access, with boundaries shown on Central Plan Register plans. It affects road users, adjoining landowners and the Department of Infrastructure, Energy and Resources (the administering authority) because it changes legal road status, mapped boundaries and authorised access points."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available text, this appears to be a standard administrative proclamation consistent with the intended purposes of both parent Acts — formally designating or altering road or highway classifications. There is no indication of scope creep beyond the original legislative intent of managing Tasmania's road and jetty infrastructure."},"complexity_factors":["Very narrow, administrative instrument with limited scope","Operates under two parent Acts, requiring understanding of both","Actual operative content (specific roads affected) is not visible in the provided text, making full analysis impossible","Historical legislation (1935 and 1951 Acts) may use older drafting conventions","Minimal complexity in day-to-day application — effect is largely self-executing once gazetted"],"plain_english_summary":"This Tasmanian government proclamation, made under the Highways Act 1951 and Roads and Jetties Act 1935, formally changes the legal status or control of specified roads or jetties — for example by declaring highways or shifting responsibility for routes to the state. It affects nearby property owners, local councils, road users and transport authorities because classification determines maintenance responsibility, regulatory rules and potential impacts on property use. The specific roads covered aren’t included in the text provided."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2004-077","history":"/api/acts/tas-sr-2004-077/history","analysis":"/api/acts/tas-sr-2004-077/analysis","conflicts":"/api/acts/tas-sr-2004-077/conflicts","importantCases":"/api/acts/tas-sr-2004-077/important-cases","documents":"/api/acts/tas-sr-2004-077/documents"}}