{"id":"tas:sr-2026-016","name":"Proclamation under the Roads and Jetties Act 1935","slug":"tas-sr-2026-016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"16 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313773,"registerId":"tas-tas:sr-2026-016-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 1986, No. 92 by omitting from item 2 of Schedule 1 to that proclamation “Plans L.D. 869 and 870 lodged in the office of the Director-General of Lands, Hobart.” and substituting “Plan 91635 and Plan 11617 in the Central Plan Register.”; and\n> \n> > (b) declare that this proclamation takes effect on the day on which its making is notified in the *Gazette*.\n\n2 March 2026\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nK. J. VINCENT\n\nMinister for Infrastructure and Transport\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 11 March 2026\n\nThis proclamation is administered in the Department of State Growth.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument changes the scope of the earlier proclamation by substituting the specific plan references that legally define the area (replacing \"Plans L.D. 869 and 870\" with \"Plan 91635 and Plan 11617 in the Central Plan Register\"). It does not expand statutory powers or add new obligations beyond updating the authoritative plan references; the change takes effect on gazettal."},"complexity_factors":["Technical, narrow amendment limited to substituting plan identifiers in Schedule 1 of an existing proclamation (Statutory Rules 1986 No. 92).","Legal operation triggered on gazettal (timing fixed by the proclamation).","Decision-maker: Governor acting with Executive Council (formal executive procedure under s 52A).","Administrative impact concentrated on land-records management and the Central Plan Register rather than substantive change to statutory powers or rights.","Low legislative drafting complexity but requires accurate registry updates to avoid mismatches between instruments and plans."],"plain_english_summary":"This proclamation (under s 52A of the Roads and Jetties Act 1935) amends a prior proclamation by replacing two old land-plan references with two new plan numbers in the Central Plan Register and takes effect on the day it is gazetted. The Governor, acting with the Executive Council, makes the change; the Department of State Growth is the administering agency and must update records. The measure alters which registered plans legally identify the relevant road/jetties land descriptions."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence that the scope of this proclamation has changed from its original intent. It appears to be a standard administrative instrument under the Roads and Jetties Act 1935, functioning as intended for road or jetty declarations in Tasmania."},"complexity_factors":["Narrow, specific administrative instrument with limited scope","The actual operative content of the proclamation is not present in the provided text — only metadata and status information is visible","Proclamations under the Roads and Jetties Act are generally straightforward declarations with limited legal intricacy","No cross-referencing to complex regulatory regimes or multiple statutes"],"plain_english_summary":"This Tasmanian Governor’s proclamation, made under the Roads and Jetties Act 1935, formally declares, alters, or closes a road or jetty, changing its legal status as a public thoroughfare. It affects nearby property owners, users, local councils and state agencies by shifting responsibilities for access, maintenance and public rights.\n\nThe specific road or change isn’t shown here; consult the full proclamation to see who and what is directly impacted."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Currency of version / Status Information","severity":"high","reasoning":"A Proclamation under the Roads and Jetties Act 1935 must, as a matter of legal necessity, proclaim something — a road, a jetty, a closure, a declaration. A Proclamation with zero operative content cannot fulfil its legal function. It is logically impossible to comply with, enforce, or give effect to a Proclamation that contains no proclamation.","confidence":0.97,"description":"The document states it is 'current from 11 March 2026 to date' and was accessed on 8 April 2026, yet no substantive legislative content — no proclaimed roads, no jetties, no operative provisions — is present in the document at all."},{"type":"circular_definition","section":"Status Information — Currency of version","severity":"medium","reasoning":"Currency statements presuppose there is substantive content whose currency can be tracked. Asserting currency of a null document is a logical circularity — the metadata purports to describe the freshness of content that does not exist.","confidence":0.88,"description":"The document claims to be 'current from 11 March 2026 to date (accessed 8 April 2026 at 1:17)' and simultaneously states 'Legislation on this site is usually updated within 3 working days after a change to the legislation.' Since there is no operative content, there is nothing that could have been updated, making the currency statement self-referentially meaningless."},{"type":"self_contradicting","section":"Table of Amending Instruments","severity":"high","reasoning":"For an amending instrument to have legal effect, there must be a principal instrument with substantive content capable of being amended. The existence of a Table of Amending Instruments for a document containing no operative text creates a logical impossibility — you cannot amend provisions that were never proclaimed.","confidence":0.85,"description":"The document references a 'Table of Amendments' (SR-2026-016) implying prior or subsequent amendments exist, yet no original operative provisions are present to amend. Amendments to nothing are logically incoherent."},{"type":"other","section":"Document structure — all headings","severity":"low","reasoning":"In statutory interpretation, repeated text in an authoritative instrument could theoretically be read as two distinct provisions of identical effect, or as surplusage. Either reading produces an absurdity: redundant duplicate provisions serve no legislative purpose and violate the presumption that every word in legislation is meaningful.","confidence":0.79,"description":"Every heading in the document is duplicated verbatim (e.g. 'Authorisation Authorisation', 'Currency of version Currency of version', 'Status Information Status Information'). While likely a rendering or formatting error, if treated as the authoritative consolidated version, it creates an absurdity where each provision appears to exist twice simultaneously."}],"contradictions":[{"severity":"medium","section_a":"Currency of version — 'current from 11 March 2026 to date'","section_b":"Table of Amending Instruments — reference to SR-2026-016","confidence":0.82,"description":"The document asserts it is the current consolidated version from 11 March 2026, but simultaneously references an amending instrument (SR-2026-016) without incorporating any amendments into operative text. If amendments exist and the site updates within 3 working days, the consolidated version should reflect those amendments — but there is no operative text to reflect them in."},{"severity":"high","section_a":"Title — 'Proclamation under the Roads and Jetties Act 1935'","section_b":"Body — entire document","confidence":0.95,"description":"The title asserts this is a Proclamation under a specific empowering Act, which legally requires the exercise of a specific power conferred by that Act (e.g. s.4 declaration of a public road). The body contains no exercise of any such power, directly contradicting the title's representation of the document's legal character."}]},"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 — making technical amendments to update plan references. There is no scope creep; it is a routine administrative update."},"complexity_factors":["Single, straightforward amendment replacing specific text with specific text","No defined terms requiring interpretation","No conditional logic or nested exceptions","Only one substantive operative provision (item 2 of Schedule 1)","Extremely short document (approximately 150 words of operative content)","Self-executing commencement clause (takes effect on Gazette notification)"],"plain_english_summary":"This is a **Tasmanian government proclamation** that makes a technical update to an older legal document.\n\n**What it does:**\n- Updates a 1986 proclamation about roads and jetties\n- Replaces outdated references to old land plans (\"Plans L.D. 869 and 870\") with current ones (\"Plan 91635 and Plan 11617 in the Central Plan Register\")\n\n**Who it affects:**\n- Anyone dealing with land boundaries, roads, or jetties in the affected area (the specific location isn't stated in this document, but the plans relate to land titles)\n- Government agencies that maintain land records\n\n**Why it matters:**\nLand plans are the legal documents that define property boundaries. When old plans are replaced by new ones in official registers, the law needs to be updated to point to the correct documents. This ensures legal certainty — so there's no confusion about which plans are officially recognised when determining who owns what land or where public roads and jetties are located.\n\nThink of it like updating a filing system: the 1986 document pointed to files in an old filing cabinet, and this proclamation updates the reference to show where those files are now kept in the modern digital register."}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2026-016","history":"/api/acts/tas-sr-2026-016/history","analysis":"/api/acts/tas-sr-2026-016/analysis","conflicts":"/api/acts/tas-sr-2026-016/conflicts","importantCases":"/api/acts/tas-sr-2026-016/important-cases","documents":"/api/acts/tas-sr-2026-016/documents"}}