{"id":"tas:sr-2005-028","name":"Proclamation under the Highways Act 1951 and the Roads and Jetties Act 1935","slug":"tas-sr-2005-028","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"28 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317787,"registerId":"tas-tas:sr-2005-028-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 a highway","content":"# SCHEDULE 1 - Dedication of Cro SCHEDULE 1 - Dedication of Crown land as a highway","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Description","content":"# Part 1 Description\n\n| Name | Description | Length in kilometres |\n| Tasman Highway | From the existing Tasman Highway at a point 570 metres south of its junction with Vicary Street at Triabunna to the existing Tasman Highway at a point 110 metres north of its junction with Vicary Street at Triabunna, the boundaries of which are shown by heavy black lines on Plan 6739 in the Central Plan Register. | 0.68 |","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Interpretation","content":"# Part 2 Interpretation\n\n> ***existing*** means existing as at the date of this proclamation.","sortOrder":2},{"sectionNumber":"SCHEDULE 2 - State highway","sectionType":"part","heading":"SCHEDULE 2 - State highway","content":"# SCHEDULE 2 - State highway SCHEDULE 2 - State highway","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not expand or narrow highway policy generally; it performs a one-off dedication of Crown land and declares that land a state highway for the Tasman Highway at Triabunna (0.68 km), with boundaries shown on Plan 6739 and administration assigned to the Department of Infrastructure, Energy and Resources. No text indicates a change from the original legislative scope."},"complexity_factors":["Narrow, single-purpose instrument limited to one 0.68 km road segment (reduces complexity).","Legal effect depends on an external cadastral plan (Plan 6739) referenced but not reproduced here (requires cross-reference).","Uses a simple temporal definition: \"existing\" means as at date of proclamation (clarifies boundary timing).","Authority drawn from two Acts (Highways Act 1951 and Roads and Jetties Act 1935), requiring basic statutory linkage.","Duplicate scheduling (Schedule 1 and Schedule 2 contain same description) — minor redundancy to note.","Administrative details (Gazette date, administering department) are explicit and straightforward."],"plain_english_summary":"This proclamation dedicates a 0.68 km strip of Crown land in Triabunna as part of the Tasman Highway and declares that strip a state highway. It changes the legal status and management responsibility for that specific road segment, identifying its boundaries on Plan 6739 and making the Department of Infrastructure, Energy and Resources the administering authority."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by the Highways Act 1951 and Roads and Jetties Act 1935 — formally dedicating specific Crown land as a highway and declaring it a State highway. There is no scope creep; it is a routine, narrow administrative instrument."},"complexity_factors":["Very short document (approximately 200 words)","Only 1 defined term ('existing')","No cross-references to other legislation beyond the enabling Acts mentioned in the title","Simple tabular format for the road description","No conditional logic, exceptions, or procedural requirements","Essentially a mirror structure: Schedule 1 dedicates the land, Schedule 2 declares it a State highway, with identical descriptions"],"plain_english_summary":"This is a Tasmanian government proclamation that officially declares a 680-metre stretch of land as part of the **Tasman Highway**. \n\n**What it does:**\n- **Dedicates Crown land as a highway** (Schedule 1): This means the government is formally setting aside public land to be used as a road that the public can travel on.\n- **Declares it a State highway** (Schedule 2): This upgrades the road's status, meaning it becomes the Tasmanian Government's responsibility to maintain and manage, rather than the local council's.\n\n**Who it affects:**\n- Drivers and road users on the Tasman Highway near Triabunna (a town on Tasmania's east coast)\n- The Tasmanian Department of Infrastructure, Energy and Resources (now part of the Department of State Growth), which takes over maintenance\n\n**Why it matters:**\nThis is a routine but legally necessary administrative step. Before a road can officially be a \"highway\" with full public access rights and government maintenance obligations, it must be formally proclaimed. This 680-metre section connects two existing parts of the Tasman Highway near Vicary Street, effectively filling a small gap in the official road network.\n\n**Key detail:** The exact boundaries are shown on \"Plan 6739\" in the Central Plan Register — a technical drawing that precisely marks where the road starts and ends."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is insufficient substantive content in the provided text to assess whether the scope changed from the original intent. The document appears to be a stable, narrow administrative instrument that has remained current since 4 May 2005 without apparent scope expansion."},"complexity_factors":["The document is largely metadata and status information rather than substantive legislative content","References two parent Acts (Highways Act 1951 and Roads and Jetties Act 1935) whose provisions govern the scope of the proclamation","The actual operative text of the proclamation is absent from the provided content, limiting full analysis","Proclamations are generally straightforward instruments with narrow, specific effects"],"plain_english_summary":"This Tasmanian government proclamation, made under the Highways Act 1951 and Roads and Jetties Act 1935, formally declares or reclassifies roads or jetties, changing their legal status and who is responsible for them. It affects nearby property owners, local councils, the state government, and road users because classification drives maintenance, funding, access and applicable rules.\n\nIt has been in force since 4 May 2005 and not repealed; the specific roads affected are not listed in the provided text."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"medium","reasoning":"A proclamation asserting currency through to an access date in 2026, yet with a file modification date of 2017, creates a credibility gap. The currency claim is self-asserted without any evidence of review post-2017, meaning the 'to date' assertion may be substantively hollow for a ~9 year period.","confidence":0.6,"description":"The document states it is 'current from 4 May 2005 to date' but the 'File last modified 5 July 2017' notation creates an internal tension: if the file was last modified in 2017, the claim that it is current 'to date' (accessed 8 April 2026) cannot be verified and may be misleading if legislative changes occurred after 2017."},{"type":"impossible_compliance","section":"Title / Header","severity":"high","reasoning":"A proclamation is a legally operative instrument that must contain operative content — declarations of roads, highways, or jetties — to have legal effect. The reproduced document contains only metadata, status information, and headers. Without operative clauses, compliance with or enforcement of the proclamation is impossible because there is nothing to comply with.","confidence":0.85,"description":"The proclamation purports to operate simultaneously under two separate parent Acts — the Highways Act 1951 and the Roads and Jetties Act 1935 — but no operative provisions, schedules, or substantive content are present in the reproduced instrument to establish what the proclamation actually declares, making the entire instrument logically incomplete and unenforceable on its face."},{"type":"other","section":"Status Information — Currency of version","severity":"low","reasoning":"While not a strict logical impossibility, the combination of the 3-working-day update promise and a near-decade gap in modifications creates an implausible scenario, particularly for infrastructure-related subordinate legislation which typically requires periodic amendment to reflect changed road classifications.","confidence":0.45,"description":"The statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' is internally inconsistent with the file modification date of 5 July 2017, given the access date of 8 April 2026. If the site is updated within 3 working days of any change, but no change has been recorded since 2017, the instrument implicitly asserts that a proclamation about roads and jetties has required no amendment whatsoever for approximately 9 years, which is implausible."},{"type":"other","section":"Document structure — all sections","severity":"low","reasoning":"While likely a rendering/formatting error rather than a legislative drafting flaw, the duplication of every substantive heading means that on the face of the document as presented, there are two equally authoritative instances of each provision heading, creating formal ambiguity about document integrity and authenticity.","confidence":0.9,"description":"Every heading and section in the document is duplicated verbatim (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). This systematic duplication renders the document structurally absurd and raises questions about which version of each heading is authoritative."}],"contradictions":[{"severity":"medium","section_a":"Currency of version — 'current from 4 May 2005 to date (accessed 8 April 2026)'","section_b":"Authorisation — 'File last modified 5 July 2017'","confidence":0.7,"description":"The document simultaneously asserts it is current and up-to-date as of 8 April 2026, while also disclosing that the underlying file has not been modified since 5 July 2017. These two claims are in direct tension: if the file has not been modified in nearly 9 years, the basis for asserting present-day currency is undermined."},{"severity":"medium","section_a":"Title — 'Proclamation under the Highways Act 1951'","section_b":"Title — 'Proclamation under the Roads and Jetties Act 1935'","confidence":0.55,"description":"The proclamation claims dual authority under two distinct parent Acts without any operative content explaining how the two statutory bases interact, which powers are exercised under which Act, or how conflicts between the two Acts are resolved. The Roads and Jetties Act 1935 and the Highways Act 1951 may confer overlapping or inconsistent powers over road infrastructure, and invoking both without delineation creates potential jurisdictional contradiction."}]}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2005-028","history":"/api/acts/tas-sr-2005-028/history","analysis":"/api/acts/tas-sr-2005-028/analysis","conflicts":"/api/acts/tas-sr-2005-028/conflicts","importantCases":"/api/acts/tas-sr-2005-028/important-cases","documents":"/api/acts/tas-sr-2005-028/documents"}}