{"id":"tas:sr-2024-050","name":"Proclamation under the Roads and Jetties Act 1935","slug":"tas-sr-2024-050","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"50 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313798,"registerId":"tas-tas:sr-2024-050-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"SCHEDULE 1 - West Tamar Highwa","sectionType":"part","heading":"SCHEDULE 1 - West Tamar Highway – Limited Access Road","content":"# SCHEDULE 1 - West Tamar Highwa SCHEDULE 1 - West Tamar Highway – Limited Access Road\n\n| Description | Length in kilometres |\n| 1. That part of the West Tamar Highway from – |  |\n| (a) southbound carriageway – a point 82 metres west of Margaret Street at Launceston, to the Launceston City boundary at Trevallyn, as shown on Plan 11396 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Schedule 3 to this proclamation; and | 2.08 |\n| (b) northbound carriageway – the western boundary of Babington Street at Launceston, to the southern boundary of 1 West Tamar Road Trevallyn, as shown on Plan 11396 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Schedule 3 to this proclamation | 0.71 |\n| 2. That part of the West Tamar Highway between Muddy Creek and the southern boundary of Killara Avenue at Lanena | 8.69 |","sortOrder":0},{"sectionNumber":"SCHEDULE 2 - West Tamar Highwa","sectionType":"part","heading":"SCHEDULE 2 - West Tamar Highway – Places of Access","content":"# SCHEDULE 2 - West Tamar Highwa SCHEDULE 2 - West Tamar Highway – Places of Access","sortOrder":1},{"sectionNumber":"Part 1","sectionType":"part","heading":"Places of Access North of Western Boundary of Babington Street","content":"# Part 1 Places of Access North of Western Boundary of Babington Street\n\n| Description | Distance in kilometres north of the western boundary of Babington Street |\n| 1. Slip lane to Brisbane Street – north-east side | 0.12 |","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Places of Access South of Launceston City Boundary at Trevallyn","content":"# Part 2 Places of Access South of Launceston City Boundary at Trevallyn\n\n| Description | Distance in kilometres south of the Launceston City Council boundary at Trevallyn |\n| 1. Access road – east side | 1.25 |\n| 2. Slip lane to Brisbane Street – south-east side | 2.07 |","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"Places of Access north of Muddy Creek","content":"# Part 3 Places of Access north of Muddy Creek\n\n| Description | Distance in kilometres north of Muddy Creek |\n| 1. Atkinsons Road – west side | 0.03 |\n| 2. Rosevears Drive (south) – east side | 0.23 |\n| 3. McEwans Road – east side | 0.97 |\n| 4. Upper McEwans Road – west side | 0.97 |\n| 5. Craythorne Road – north side | 3.62 |\n| 6. Waldhorn Drive – south side | 3.67 |\n| 7. Access road to Bradys lookout – north side | 5.69 |\n| 8. Slip lane to Access road to Bradys lookout – north side | 5.70 |\n| 9. Masons Road – south-west side | 6.27 |\n| 10. Bradys Lookout Road – east side | 6.53 |\n| 11. Rosevears Drive (north) – east side | 8.44 – 8.49 |\n| 12. Lanena Crescent – south-west side | 8.60 |","sortOrder":4},{"sectionNumber":"SCHEDULE 3 - Plan","sectionType":"part","heading":"SCHEDULE 3 - Plan","content":"# SCHEDULE 3 - Plan SCHEDULE 3 - Plan\n\n[![graphic image](/image/CPR11396(1).gif)](/image/CPR11396\\(1\\).gif)\n\n[![graphic image](/image/CPR11396(2).gif)](/image/CPR11396\\(2\\).gif)\n\n[![graphic image](/image/CPR11396(3).gif)](/image/CPR11396\\(3\\).gif)\n\n[![graphic image](/image/CPR11396(4).gif)](/image/CPR11396\\(4\\).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 18 September 2024\n\nThis proclamation is administered in the Department of State Growth.","sortOrder":5}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not a legislative drafting flaw per se, the metadata asserts a future access date which undermines the reliability of the version currency statement. If taken literally, it implies the document was accessed from a future date, which is impossible and calls into question the integrity of the currency information provided.","confidence":0.6,"description":"The document states it was 'accessed 8 April 2026 at 1:17' while also stating the 'File last modified 18 September 2024'. The access date of 8 April 2026 is in the future relative to any plausible current date of analysis, creating a temporal impossibility in the version currency claim."},{"type":"other","section":"Document Structure - All headings","severity":"medium","reasoning":"A proclamation is a legally operative instrument. Systematic duplication of all headings and section titles creates ambiguity about which instance of each heading is authoritative. In strict legal interpretation, duplicated operative text could be read as two separate provisions, potentially creating surplusage that courts would need to reconcile. It also raises questions about document authenticity and whether the version published is the authorised version.","confidence":0.85,"description":"Every heading and section title 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', 'Currency of version Currency of version'). This systematic duplication renders the document structurally incoherent."},{"type":"impossible_compliance","section":"Entire document","severity":"high","reasoning":"A proclamation is by definition an instrument that declares or effects something of legal substance. A proclamation with no operative clauses is a logical nullity — it cannot be complied with, relied upon, or given legal effect. Any party seeking to understand their rights or obligations under this instrument would find it impossible to do so. This may reflect an incomplete publication rather than a drafting flaw, but as presented the instrument is legally inoperative.","confidence":0.9,"description":"The document purports to be a 'Proclamation under the Roads and Jetties Act 1935' but contains no operative proclamation text whatsoever — no declaration, no gazetted road or jetty, no legal effect. The entire substantive body consists only of metadata and administrative information."},{"type":"other","section":"Status Information - Currency of version (repeated)","severity":"low","reasoning":"Reliance on 'usually updated within 3 working days' means there is an acknowledged window during which the published version may not reflect the law in force. For a legal instrument where currency is material to compliance, this hedge creates a systemic ambiguity — a person acting on the published version within that 3-day window may not be acting on current law, yet the site presents itself as authoritative.","confidence":0.7,"description":"The currency statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' appears twice identically within the same section. The use of 'usually' creates a hedged promise that is unenforceable and provides no legal certainty as to which version of the legislation is current at any given time."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version: 'Version current from 18 September 2024 to date'","section_b":"Status Information - Authorisation: 'File last modified 18 September 2024'","confidence":0.75,"description":"The instrument claims to be current 'to date' (implying ongoing currency and possible future amendments), yet the file has not been modified since 18 September 2024. If there have been amending instruments (as implied by the existence of a 'Table of Amending Instruments'), the file modification date should reflect those amendments, contradicting the currency claim."},{"severity":"medium","section_a":"Header: 'Version current from 18 September 2024 to date (accessed 8 April 2026 at 1:17)'","section_b":"Authorisation: 'File last modified 18 September 2024'","confidence":0.8,"description":"The document simultaneously asserts a span of currency covering approximately 18 months (September 2024 to April 2026) while also asserting the file has never been modified beyond its original date. This is internally contradictory if any amendments were made during that period, and also contradictory if no amendments were made but a Table of Amending Instruments is referenced."}]},"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 proclamation itself sets out the scope of the limited-access road and enumerates permitted access points. The instrument does not expressly state that it amends, repeals or narrows a prior instrument or existing rights, so no change from a previously declared scope is identifiable from the text alone."},"complexity_factors":["Precise geographic delineation by measured distances and carriageway (southbound/northbound) in Schedule 1 increases technical specificity and mapping requirements (Schedule 1).","Detailed catalogue of permitted access points with side and kilometre markers across three parts in Schedule 2 requires coordination with multiple landowners and local roads agencies (Schedule 2, Parts 1–3).","Reliance on an external plan (CPR11396) and graphic attachments in Schedule 3 means the legal effect depends on map interpretation and register accuracy (Schedule 1; Schedule 3).","Administrative implementation and enforcement are assigned to the Department of State Growth and require Gazette notification and ongoing management (final lines; Gazette note).","Formal publication and display conventions are tied to the Rules Publication Act 1953, adding a procedural compliance step for numbering and presentation (Schedule 3 note).","No express transitional, repeal or amendment text is included in the instrument, creating potential uncertainty about how prior access rights or signage should be reconciled with the new designations (absence of transitional provisions).","Operational impacts (signage, barriers, enforcement) and compliance burdens fall unevenly on named property owners and local authorities because specific access points are singled out (Schedule 2)."],"plain_english_summary":"This proclamation designates specific sections of the West Tamar Highway as a limited-access road and records the exact permitted entry and exit points, with distances and a supporting plan (CPR11396). It names affected carriageways and lengths. \n\nIt affects motorists, the listed landowners or road users at named access points, local authorities at the Launceston boundary, and the Department of State Growth, because it limits where vehicles may enter or leave the highway and places enforcement and management responsibilities on the administering department."},"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 road sections as limited access and specifying permitted access points. The scope remains tightly confined to the West Tamar Highway corridor with no expansion into unrelated matters."},"complexity_factors":["Very short document (approximately 500 words)","Only 3 defined measurement reference points (western boundary of Babington Street, Launceston City boundary at Trevallyn, Muddy Creek)","Simple tabular structure with clear spatial descriptions","No cross-references to other legislation beyond the enabling Roads and Jetties Act 1935","No conditional language or nested exceptions","Straightforward declaratory language ('That part of the West Tamar Highway...')","Single purpose instrument with no subsidiary provisions"],"plain_english_summary":"This is a **Tasmanian government proclamation** that declares specific sections of the **West Tamar Highway** as a **\"limited access road\"**.\n\n### What this means in practice:\n- A **limited access road** is a highway where property owners generally **cannot create new driveways or access points** onto the road without government approval. This helps maintain traffic flow and safety.\n- The proclamation covers **two separate stretches** of highway:\n  - A section through **Launceston and Trevallyn** (about 2.8 km total, covering both northbound and southbound carriageways separately)\n  - A rural section between **Muddy Creek and Lanena** (about 8.7 km)\n\n### Where people CAN still access the road:\nThe proclamation lists **12 specific existing access points** that remain open, including:\n- Slip lanes to Brisbane Street\n- Various local roads (Atkinsons Road, McEwans Road, Craythorne Road, etc.)\n- Access to Brady's Lookout (a local tourist spot)\n- Rosevears Drive (both north and south sections)\n\n### Why this matters:\n- **For drivers**: Better traffic flow and fewer unexpected vehicles entering the highway\n- **For property owners**: They cannot create new driveways onto these sections without permission, though existing access points listed in Schedule 2 remain usable\n- **For developers**: Any new development requiring highway access must seek approval from the Department of State Growth\n\nThe proclamation includes reference maps (Plan 11396) showing exactly which land is affected."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, this appears to be a standard administrative proclamation consistent with the typical and original purpose of the Roads and Jetties Act 1935 — managing the legal status of public roads and jetties in Tasmania. There is no indication of scope expansion or novel application."},"complexity_factors":["The proclamation itself is a narrow, administrative instrument with limited operative scope","The enabling legislation (Roads and Jetties Act 1935) is relatively straightforward in purpose","The document provided is largely metadata and status information — the substantive legal content of the proclamation is not included, making full analysis impossible","No complex cross-references, definitions, or multi-layered obligations are visible in the provided text"],"plain_english_summary":"This Tasmanian proclamation under the Roads and Jetties Act 1935 formally declares, alters, or closes a public road or jetty, changing its legal status. It affects nearby landowners, local councils, road authorities, and users by shifting maintenance responsibility, public access rights, and development constraints.\n\nThe summary omits which road or jetty and the precise change — view the full proclamation and maps for exact impacts."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2024-050","history":"/api/acts/tas-sr-2024-050/history","analysis":"/api/acts/tas-sr-2024-050/analysis","conflicts":"/api/acts/tas-sr-2024-050/conflicts","importantCases":"/api/acts/tas-sr-2024-050/important-cases","documents":"/api/acts/tas-sr-2024-050/documents"}}