{"id":"tas:sr-2015-059","name":"Proclamation under the Roads and Jetties Act 1935","slug":"tas-sr-2015-059","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"59 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314016,"registerId":"tas-tas:sr-2015-059-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Roads and Jetties Act 1935","content":"> Proclamation under the Roads and Jetties Act 1935\n\nI, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, by this my proclamation made under [section 52A of the](/view/html/inforce/2026-04-12/act-1935-082#GS52A@EN) [Roads and Jetties Act 1935](/view/html/inforce/2026-04-12/act-1935-082)  –\n\n> > (a) amend the proclamation notified in the *Gazette* as Statutory Rules 1997, No. 52 by omitting from Schedule 1 \"Plans 3702, 3703, 3704, 3705 and 3706\" and substituting \"Plans 3702, 3704, 3705, 3706 and 9929\"; and\n> \n> > (b) further amend that proclamation by omitting the table from Schedule 2 and substituting the following table:\n> > \n> > > | Item | Description | Location(Distance in kilometres from the eastern boundary of Forest Road) |\n> > > | 1. | Forest Road – south side | 0.01 |\n> > > | 2. | Tarrants Road – south side | 0.14 |\n> > > | 3. | Bridgeview Road – south side | 0.35 |\n> > > | 4. | Turners Road – south side | 0.73 |\n> > > | 5. | Rowbottoms Road – south side | 2.22 |\n> > > | 6. | Private access – south side | 2.58 |\n> > > | 7. | Access road – south side | 2.93 |\n> > > | 8. | Access road – south side | 10.71 |\n> > > | 9. | Molesworth Road – south side | 11.72 |\n> \n> > (c) revoke the proclamation notified in the *Gazette* as Statutory Rules 2011, No. 106; and\n> \n> > (d) declare that this proclamation takes effect on the day upon which its making is notified in the *Gazette*.\n\n4 August 2015\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nM. T. (RENE) HIDDING\n\nMinister for Infrastructure\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 12 August 2015\n\nThis proclamation is administered in the Department of State Growth.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information / Currency of version","severity":"medium","reasoning":"The coexistence of a referenced Table of Amending Instruments with a 'last modified 5 July 2017' date creates a tension: either the amending instruments are reflected in that 2017 modification (making the table retrospective) or amendments exist beyond 2017 that are not reflected in the file, undermining the currency claim.","confidence":0.65,"description":"The document states it is 'current from 12 August 2015 to date (accessed 8 April 2026 at 1:23)' while also stating 'File last modified 5 July 2017'. If the file was last modified in 2017, it cannot be meaningfully described as 'current to date' in 2026 without implying no amendments have occurred in nearly nine years, yet a Table of Amending Instruments is simultaneously referenced, suggesting amendments do exist."},{"type":"other","section":"Status Information - Update Commitment","severity":"low","reasoning":"The 3-working-day update promise is an administrative representation that is facially inconsistent with a nine-year gap between the last file modification and the accessed date, unless the proclamation is genuinely static, in which case the promise is misleading boilerplate.","confidence":0.55,"description":"The legislation states it is 'usually updated within 3 working days after a change to the legislation', yet the file was last modified 5 July 2017 while the currency is asserted through to 8 April 2026. This either means no changes have occurred in approximately nine years (rendering the update commitment meaningless in context) or the update commitment has not been met."},{"type":"other","section":"Document Structure - Headings","severity":"low","reasoning":"While likely a rendering/formatting error rather than a substantive legal flaw, in a strict legal document context duplicated operative headings could create genuine ambiguity about document structure and hierarchy if relied upon for interpretive purposes.","confidence":0.8,"description":"Every heading in the document is duplicated verbatim (e.g., 'Proclamation under the Roads a Proclamation under the Roads and Jetties Act 1935', 'Status Information Status Information', 'Authorisation Authorisation'). This structural absurdity means the document is self-referentially malformed, creating ambiguity about which instance of a heading is authoritative."},{"type":"other","section":"Title - Truncation","severity":"medium","reasoning":"Proclamations derive their authority in part from precise identification. A truncated title that runs into a repetition of itself raises a genuine question about whether the instrument is properly constituted under the Roads and Jetties Act 1935, particularly if the Act requires proclamations to be formally titled.","confidence":0.6,"description":"The title 'Proclamation under the Roads a Proclamation under the Roads and Jetties Act 1935' is truncated mid-word ('Roads a') before being repeated in full. A Proclamation with an incomplete or malformed title creates uncertainty about the instrument's identity and may affect its validity as a formally constituted legal instrument."}],"contradictions":[{"severity":"medium","section_a":"Currency of version: 'current from 12 August 2015 to date (accessed 8 April 2026)'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.7,"description":"The document claims currency through April 2026 but the underlying file has not been modified since July 2017. If the Table of Amending Instruments contains any instruments made after 5 July 2017, the currency claim directly contradicts the modification record."},{"severity":"medium","section_a":"Table of Amending Instruments (referenced as existing and clickable)","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.6,"description":"The existence of a Table of Amending Instruments implies the proclamation has been amended. However, if all amendments are captured in a file last modified in 2017, any amending instruments made after that date would not be reflected, creating a contradiction between the implied completeness of the table and the static file modification date."}]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by section 52A of the Roads and Jetties Act 1935—updating technical planning documents. It has not expanded beyond this narrow administrative purpose."},"complexity_factors":["Very short document (under 300 words)","No defined terms section","Simple amendment structure (omit and substitute)","Single cross-reference to parent Act (Roads and Jetties Act 1935)","No conditional logic or nested exceptions","Straightforward tabular data replacement"],"plain_english_summary":"This is a **Tasmanian government proclamation** that makes technical changes to road planning documents.\n\n**What it does:**\n- **Updates a list of road plans** in an earlier 1997 proclamation, swapping out some plan numbers (removing Plan 3703, adding Plan 9929)\n- **Replaces a table** showing specific road locations and their distances from Forest Road in southern Tasmania\n- **Cancels** a 2011 proclamation that had previously been in force\n- **Sets the start date** for when these changes take effect (when published in the government Gazette)\n\n**Who it affects:**\n- Property owners, developers, and local councils in the affected areas (appears to be around Forest Road and connecting roads in southern Tasmania)\n- Anyone dealing with road access, planning permits, or land titles in these specific locations\n\n**Why it matters:**\nThis is routine administrative maintenance of Tasmania's road planning system. It ensures the official maps and location records match current reality. For most people, this changes nothing day-to-day. But if you're buying property, seeking planning approval, or disputing road access near these specific roads, these updated references matter for legal certainty."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This proclamation is a technical amendment to an earlier proclamation: it updates plan references and replaces a schedule that lists specific road segments, and it revokes a separate 2011 proclamation. It does not expand the statutory scheme under the Roads and Jetties Act nor introduce new regulatory powers or obligations; it changes the technical boundaries/descriptions to which existing measures apply. Therefore the scope of the underlying legislation has not been meaningfully broadened by this instrument—its effect is to refine which parcels/segments are covered by prior proclamations."},"complexity_factors":["Short instrument that performs limited, technical amendments (schedule and plan-number substitutions and a revocation)","Single statutory source of authority referenced (section 52A of the Roads and Jetties Act 1935)","Dependence on external documents: earlier proclamation (Statutory Rules 1997 No. 52), plans (Plan numbers listed) and the revoked proclamation (Statutory Rules 2011 No. 106)","Geographic detail in Schedule 2 expressed as distances from a fixed boundary – requires cadastral interpretation","Low number of conditional provisions or nested exceptions (mostly direct substitutions and a revocation)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Uses the Governor's power under section 52A of the Roads and Jetties Act 1935 to change a previous proclamation made under that Act.  It does four things:\n  - replaces one of the plan references in Schedule 1 of the earlier proclamation (removes one plan number and inserts another);\n  - replaces the entire table that was Schedule 2 with a new table listing nine road/road‑access descriptions and the distance (in kilometres) of each from the eastern boundary of Forest Road;\n  - revokes an earlier proclamation published as Statutory Rules 2011, No. 106; and\n  - provides that the proclamation takes effect on the day it is notified in the Gazette.\n\n- The proclamation is made under statutory authority (section 52A of the Roads and Jetties Act 1935) and is administered by the Department of State Growth.\n\n**Who is affected**\n\n- The immediate legal effects are on the specific road segments and plan references named in the schedules. Parties likely to be interested or affected include:\n  - the State (as road owner/manager) and the Department of State Growth, which administer the changed legal descriptions;\n  - adjoining landowners or users of the listed road segments or access roads (because changes in legal descriptions can alter formal rights, responsibilities or administrative control attached to particular pieces of road or verge);\n  - surveyors, planners and local government officers who must use the corrected plan numbers and schedule when identifying those road parcels on maps or in transactions;\n  - anyone whose rights or duties were created by the earlier proclamation (they may need to check whether the amendments alter those rights or duties).\n\n**Why it matters (practical effect and mechanics)**\n\n- The proclamation does not create a new statutory scheme; it amends the technical, map‑ and schedule‑based description of particular roads that were the subject of an earlier proclamation. That can change which specific strips of land are captured by the earlier proclamation’s legal effect (for example, which part of a road is subject to a particular classification, vesting, closure, maintenance or access regime — the exact substantive consequence depends on what the earlier proclamation did).\n\n- Because the amendment operates by changing plan numbers and schedule entries, the practical outcome turns on cadastral/mapping detail. Anyone relying on the earlier schedule or the old plan numbers should consult the updated plans and the revised Schedule 2 table to determine whether the legal status of a particular road segment has changed.\n\n**Costs, incentives and implementation risks**\n\n- Direct fiscal costs are administrative and likely small: updating registers, maps and Gazette publication. No new fees or taxes are created by this instrument itself.\n\n- Potential costs or benefits are concentrated: particular landowners or road users may gain or lose legal entitlements or responsibilities depending on how the legal descriptions have moved. Those effects are local and factual — the proclamation does not itself state those substantive rights, it merely alters the technical descriptors that determine where those rights apply.\n\n- Implementation risks are predominantly operational: if the plan numbers or schedule entries are incorrect or ambiguous, there is a risk of mapping errors, disputes over which physical land is affected, or delays while surveys and registers are corrected.\n\n- Compliance burden for the general public is low, but affected landowners, surveyors and road managers will need to update records and may need legal or surveying advice to confirm the practical effect.\n\n**Who decides and when it takes effect**\n\n- The Governor makes the proclamation on the advice of the Executive Council (executive decision), and the instrument specifies that it takes effect on the day it is notified in the Gazette.\n\n**Reference for further checking**\n\n- The instrument relies on section 52A of the Roads and Jetties Act 1935 and amends earlier proclamations published as Statutory Rules 1997, No. 52 and revokes Statutory Rules 2011, No. 106. To determine the precise substantive consequences (for example, whether land is dedicated, closed, vested or otherwise affected), consult the original proclamation and the Roads and Jetties Act provisions that those proclamations implement."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, this proclamation appears to operate within the standard scope of the Roads and Jetties Act 1935, which has always empowered the Governor to make such declarations. There is no evidence of scope creep or departure from the Act's original intent."},"complexity_factors":["The document is a proclamation (a narrow, specific instrument) rather than a broad piece of legislation, limiting its scope","The underlying Act (Roads and Jetties Act 1935) has its own complexity, but the proclamation itself is a straightforward administrative declaration","The actual operative content of the proclamation is not visible in the provided text, making full analysis impossible","Minimal cross-referencing or conditional provisions typical of more complex legislation"],"plain_english_summary":"This Tasmanian government proclamation, issued under the Roads and Jetties Act 1935, formally declares, alters or revokes the status of roads or jetties.\n\nIt affects property owners, local councils, businesses and government agencies by potentially changing maintenance responsibility, public access rights and development constraints. The version in force dates from 12 August 2015; this excerpt does not identify which specific road or jetty is affected."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2015-059","history":"/api/acts/tas-sr-2015-059/history","analysis":"/api/acts/tas-sr-2015-059/analysis","conflicts":"/api/acts/tas-sr-2015-059/conflicts","importantCases":"/api/acts/tas-sr-2015-059/important-cases","documents":"/api/acts/tas-sr-2015-059/documents"}}