{"id":"tas:sr-2016-043","name":"Proclamation under the Roads and Jetties Act 1935","slug":"tas-sr-2016-043","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"43 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313909,"registerId":"tas-tas:sr-2016-043-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 7 of the](/view/html/inforce/2026-04-12/act-1935-082#GS7@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 1970, No. 67 as follows:\n> > \n> > > > (i) by inserting into Part I of the Second Schedule to that proclamation, in its correct alphabetical position, the following item:\n> > > > \n> > > > | Elephant Pass | From its junction with the Tasman Highway at a point 0.27 kilometres north of Chain of Lagoons Bridge to its junction with Esk Main Road in St Marys | 10.21(16.43 kilometres) |\n> > > \n> > > > (ii) by inserting into Part III of the Second Schedule to that proclamation, in its correct alphabetical position, the following item:\n> > > > \n> > > > | Tarkine | From its junction with Temma Road near Couta Rocks to, but not including, the Tayatea Bridge over the Arthur River east of Trowutta, via Rebecca Road, Blackwater Road, Sumac Road, Rapid River Road and Tayatea Road, and Lake Chisholm Road from its junction with Sumac Road to the boundary of, but not including, the carpark at Lake Chisholm (4.23 kilometres) | 48.62(78.24 kilometres) |\n> \n> > (b) declare that this proclamation takes effect on the day on which its making is notified in the *Gazette*.\n\n13 June 2016\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 22 June 2016\n\nThis proclamation is administered in the Department of State Growth.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by the Roads and Jetties Act 1935 — declaring specific roads to be part of the state road network. The scope remains tightly focused on the original purpose of the parent legislation."},"complexity_factors":["Very short document (under 300 words)","Only 2 substantive amendments (inserting two road entries into an existing schedule)","No defined terms requiring interpretation","Simple procedural mechanism (proclamation under a single section of parent Act)","No conditional logic or exceptions","Cross-reference only to parent Act section 7 and a 1970 proclamation for context"],"plain_english_summary":"This is a **Tasmanian government proclamation** that officially adds two roads to the state's declared road network under the Roads and Jetties Act 1935.\n\n**What it does:**\n- **Adds Elephant Pass** (10.21 miles / 16.43 km) — a road connecting the Tasman Highway near Chain of Lagoons Bridge to Esk Main Road in St Marys\n- **Adds the Tarkine** (48.62 miles / 78.24 km) — a scenic route through northwest Tasmania including Rebecca Road, Blackwater Road, Sumac Road, Rapid River Road, Tayatea Road, and a spur to Lake Chisholm\n\n**Who it affects:**\n- Drivers and tourists using these roads\n- Local councils responsible for road maintenance\n- The Department of State Growth (which administers Tasmania's road network)\n\n**Why it matters:**\nDeclaring a road under this Act has practical consequences — it typically means the road becomes part of the official state road network, which affects who maintains it, what standards apply, and potentially what funding is available. The Tarkine addition is significant as it formalises a popular tourist route through the Tarkine wilderness area."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument expands the set of gazetted roads by adding two specific route entries to the Second Schedule of the 1970 proclamation. The change is narrowly scoped: it updates the legal record of road extents and lengths under the Roads and Jetties Act 1935 (s.7) and does not, on its face, alter other powers, fees or regulatory regimes."},"complexity_factors":["Narrow, mechanical amendment: inserts two items into an existing statutory schedule rather than creating new regulatory regimes.","References and relies on an earlier proclamation (Statutory Rules 1970 No. 67), requiring correct insertion into the Second Schedule.","Precise route descriptions and dual-length notations for each entry (Elephant Pass: '10.21(16.43 kilometres)'; Tarkine: '48.62(78.24 kilometres)') increase drafting precision requirements.","Made under section 7 of the Roads and Jetties Act 1935 (the Governor acts with Executive Council advice), so procedural legal authority is condensed but formal (see s.7).","Operative date tied to Gazette notification, so timing/compliance depends on publication rather than an absolute calendar date.","Administrative responsibility is stated (administered in the Department of State Growth), limiting discretion about who implements the change."],"plain_english_summary":"This proclamation amends an existing Roads and Jetties Act 1935 proclamation by adding two named road entries — Elephant Pass and Tarkine — into the Second Schedule of the 1970 proclamation, giving each a precise route description and length. It takes legal effect when the notice appears in the Gazette.\n\nIt affects the bodies that manage gazetted roads (administered by the Department of State Growth) and anyone who relies on the formal, statutory definition of those road extents, because it records their official legal status and limits."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication the scope has changed from the original intent. The proclamation appears to operate as a standard administrative instrument under the Roads and Jetties Act 1935, consistent with the Act's established purpose of formally declaring or altering roads and jetties in Tasmania. The amendment history notes only one version since 22 June 2016."},"complexity_factors":["The substantive content of the proclamation is not visible in the provided text, making full analysis impossible","Roads and Jetties Act 1935 is older legislation with historical drafting conventions that can be harder to interpret","Proclamations interact with broader land title and road law frameworks, which adds some interpretive layering","Otherwise, proclamations of this type are typically short, narrow in scope, and procedurally straightforward"],"plain_english_summary":"This proclamation, made under Tasmania’s Roads and Jetties Act 1935, formally declares or alters the legal status of a public road or jetty. It primarily affects nearby property owners, local councils and road authorities, and users of the affected road/jetty.\n\nIts significance is legal: proclaimed roads/jetties create public access rights and government maintenance obligations, and can change property boundaries or access. The specific road/jetty named is not included in the provided text."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The currency claim implies active maintenance and contemporaneity, yet the modification date suggests the instrument has been static since 2017. While not strictly a logical impossibility, the combination of 'current to date' and a near-decade-old modification timestamp creates a misleading implication about the document's living status. It is possible no amendments have been made, but the tension is notable.","confidence":0.55,"description":"The document states it is 'current from 22 June 2016 to date (accessed 8 April 2026 at 1:22)' while also stating 'File last modified 5 July 2017'. If the file was last modified in 2017, the claim that it is current 'to date' (2026) is potentially misleading, as no updates have occurred in nearly nine years despite the legislation noting updates usually occur within 3 working days of changes."},{"type":"other","section":"Document Structure - Headings","severity":"medium","reasoning":"A proclamation is a formal legal instrument with operative effect. Systematic duplication of all headings suggests either a serious formatting/publication error or a corrupted consolidation. If the instrument's text itself were similarly duplicated, operative provisions could be rendered ambiguous or unenforceable. As presented, no substantive operative provisions are visible at all, meaning the instrument's legal effect cannot be assessed.","confidence":0.85,"description":"Every heading in this instrument is duplicated verbatim (e.g., 'Proclamation under the Roads a Proclamation under the Roads and Jetties Act 1935', 'Status Information Status Information', 'Currency of version Currency of version'). This structural absurdity means the instrument as presented cannot be read as a coherent, authoritative legal document, raising questions about which version is operative."},{"type":"impossible_compliance","section":"Proclamation - Operative provisions","severity":"high","reasoning":"Under the Roads and Jetties Act 1935 (Tas), a proclamation is the mechanism by which roads or jetties are formally declared or altered. An instrument with no operative clause cannot fulfil any statutory purpose. Citizens, authorities, and courts cannot comply with, rely upon, or enforce a proclamation devoid of content. Whether this is a publication error or reflects the actual instrument is itself a legal concern.","confidence":0.9,"description":"The instrument as published contains no operative provisions whatsoever. A Proclamation under the Roads and Jetties Act 1935 must by definition proclaim something (e.g., declaring a road, closing a road, or declaring a jetty). The complete absence of any operative text renders this a legally vacuous instrument — a proclamation that proclaims nothing."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('current from 22 June 2016 to date (accessed 8 April 2026)')","section_b":"Authorisation ('File last modified 5 July 2017')","confidence":0.6,"description":"The instrument claims to be the current operative version as of April 2026, implying it reflects all changes to that date. However, the file modification date of 5 July 2017 contradicts any suggestion of updates or maintenance since that date, creating an internal inconsistency about the document's actual currency and reliability."},{"severity":"low","section_a":"Status Information - Update policy ('Legislation on this site is usually updated within 3 working days after a change to the legislation')","section_b":"Authorisation ('File last modified 5 July 2017')","confidence":0.5,"description":"The site's stated policy is that legislation is updated within 3 working days of any change. The file not having been modified since July 2017 is consistent with no amendments having been made — however, if any amendments were made after July 2017 and not reflected, the update policy would be directly contradicted. The document provides no means of verifying which scenario applies, creating a structural contradiction between the assurance of currency and the evidence of the modification date."}]},"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-2016-043","history":"/api/acts/tas-sr-2016-043/history","analysis":"/api/acts/tas-sr-2016-043/analysis","conflicts":"/api/acts/tas-sr-2016-043/conflicts","importantCases":"/api/acts/tas-sr-2016-043/important-cases","documents":"/api/acts/tas-sr-2016-043/documents"}}