Proclamation under the Roads and Jetties Act 1935

The proclamation operates around three recurring statutory concepts, expressed in its text and the entries it substitutes: limited access road, place of access, and the schedule amendment process under a parent Act. The text explicitly relies on the Roads and Jetties Act 1935 as the source of power (the prefatory clause reads "I, the Lieutenant-Governor ... by this my proclamation made under [section 52A of the] Roads and Jetties Act 1935"). The instrument therefore is a statutory instrument exercising delegated authority to declare and to alter road designations established by earlier proclamations.

"Limited access road" is used in the instrument as a legal status that applied to an area of the Bass Highway under item 2 of Schedule 1 of the earlier (1980) proclamation; paragraph (a) declares that the area in that earlier instrument "ceases to be a limited access road." The proclamation does not define the operational content of "limited access road" within its text; any operative meaning or the consequences that follow from that label are left to the statutory provisions of the Roads and Jetties Act 1935 and related instruments. The proclamation's role is to change the factual and legal classification of a segment of highway by removing that label as it applied under the 1980 instrument and then restating the relevant item in updated form.

"Place of access" is the second concept repeatedly invoked. Paragraph (b) declares that the places of access specified in the 1980 proclamation "cease to be places of access." The replacement item 2 in Schedule 2 then lists numerous named roads, ramps and access roads together with distances and side-of-road qualifiers, which function as the statutory description of places of access for the redefined item 2 segment. The structure shows that "places of access" are statutorily specified by name and measured location, using anchoring points (overpasses, underpasses, interchanges) and distances in kilometres, and accompanied by a specification of which side of the highway (north, south, north-east, south-west, both sides) the access point is on.

The third concept is the amendment-by-substitution mechanism. The proclamation explicitly omits item 2 from both Schedule 1 and Schedule 2 of the earlier proclamation and substitutes new text. In other words, an existing statutory schedule entry is removed and replaced. The instrument also clarifies the geographic anchors used for measurement, frequently giving a “distance in kms west from” or a “distance in kms north from” a named underpass or intersection. The language stresses precise measurement and descriptive capture rather than geographic coordinates. The instrument also states its effective date rule: it takes effect on the day its making is notified in the Gazette.

Finally, the instrument records administrative metadata: date of making (5 July 2016), signature and authorising officers, Gazette notification date (13 July 2016), display and numbering compliance with the Rules Publication Act 1953, and departmental administration in the Department of State Growth. Those metadata identify the instrument’s provenance, chain of authority and administrative home, and anchor the instrument in the publication and administrative regime required for such proclamations.

The proclamation affects at least three identifiable categories of legal actors, directly by its textual changes and indirectly by the role those changes play under the Roads and Jetties Act 1935.

1. Holders of the prior-designated legal status. The instrument declares that the area of Bass Highway previously identified in item 2 of Schedule 1 of the 1980 proclamation "ceases to be a limited access road." Any person, entity or authority whose rights, obligations or regulatory relationships derived from that status under the Roads and Jetties Act 1935 will be affected as a matter of law because the designation itself has been revoked for that item. The proclamation does not itself recite the consequences of that revocation; it changes the statutory classification that will be applied under the parent Act.

2. Persons with rights or interests tied to specified places of access. Paragraph (b) declares that "the places of access specified in item 2 of Schedule 2" of the 1980 proclamation "cease to be places of access." The substitute Schedule 2 item 2 then lists a large number of named roads and ramps with side-of-road qualifiers and precise distance measurements. Owners and occupiers of land abutting those named access points, parties operating private access arrangements or commercial operations that relied on the earlier statutory description, and anyone holding permits, licences or easements that expressly referenced the 1980 item 2 places will find that the statutory description they were linked to has changed. The text does not name parcels, titles or private instruments, but the explicit substitution will alter the statutory reference points used for access under the Act.

3. Administrative and regulatory authorities. The instrument is administered in the Department of State Growth and signed by the Minister for Infrastructure. Those bodies are responsible for operationalising the designation change. The proclamation’s effective date is tied to its Gazette notification, and it was published in the Gazette on 13 July 2016. Departments, local road authorities and any agency responsible for signage, enforcement or planning on the Bass Highway will therefore be parties who must integrate the changed legal descriptions into their records and operations.

Other affected actors are implicit though not named: transport and logistics operators, local government planning authorities and utilities that intersect the Bass Highway alignment will have to understand whether the substitution affects approvals, access arrangements, permit processes or statutory obligations under the Roads and Jetties Act. The text itself anchors the effect to the specified geographic corridor: the Bass Highway segment from "the centre of the Beresford Lane overpass near Westbury to the centre of the Ironcliffe Road overpass at Penguin" and the list of side-specific access points enumerated in the substitute Schedule 2 item 2. Those factual anchors define the locus of affected land and users; the proclamation itself is the vehicle that reassigns the legal character of that locus under the Roads and Jetties Act 1935.

The proclamation is declaratory and amending in form; it does not itself lay out operational micro-rules, duties or sanctions. Its key legal effect is to alter statutory designations under the Roads and Jetties Act 1935, and so the duties and rights that change will arise from how the Act attaches consequences to those designations. The proclamation implements four main legal changes that drive duties and rights.

1. Removing the limited access status. Paragraph (a) declares that the previously specified area "ceases to be a limited access road." The immediate legal consequence in the proclamation is a change of label; the substantive duties and rights that are affected will be those the parent Act associates with a "limited access road." The proclamation itself does not restate those duties and rights, nor does it expressly preserve or extinguish particular access agreements, permits or statutory requirements. Therefore any duty to comply with access restrictions or any right to exclusive control that depended on the limited access classification will have been altered by the revocation, and the affected parties must consult the Roads and Jetties Act 1935 provisions that define what limited access status carried.

2. Ceasing places of access and substituting new ones. Paragraph (b) declares that certain places of access "cease to be places of access" and paragraph (c)(ii) replaces the previous list with an updated Schedule 2 item 2. The substituted schedule provides precise, measured descriptions for the places of access, including side-of-road orientation and kilometre measurements anchored off specified overpasses and underpasses. Practically, the rights to access the Bass Highway at points defined as "places of access" under the statute, and any duties tied to those statutory locations (for instance obligations to maintain a junction to a given standard if such duties existed under the Act), will be governed by the newly substituted list. The proclamation does not itself modify contractual or property instruments, but by altering the statutory reference points it changes the catalogue of locations that the Act recognises.

3. Effective date and publication duties. Paragraph (d) declares the instrument takes effect "on the day on which its making is notified in the Gazette." The instrument records Gazette notification on 13 July 2016. Parties with compliance or administrative duties tied to the legal status of the Bass Highway must therefore treat the substituted designations as effective from that notification date. Administrative bodies tasked with implementing the change have the duty to update public records and operations; the text records that the instrument is "administered in the Department of State Growth."

4. Procedural provenance and compliance with publication rules. The instrument states it is "Displayed and numbered in accordance with the Rules Publication Act 1953." That language records that the instrument satisfies the publication formalities required for statutory instruments in the Tasmanian regime and places an obligation on the administering department and on courts and other decision makers to treat the proclamation as properly promulgated.

Because the proclamation does not itself recreate the statutory machinery that attaches rights and duties to the labels it alters, the practical effect for rights and duties must be traced back to the Roads and Jetties Act 1935 and any subordinate instruments and agreements that rely on the earlier 1980 descriptions. The proclamation therefore functions as the operative vehicle that changes the statutory reference set; to determine concrete duties and rights (for instance, whether a given landowner may build a new access, or whether a local road authority must construct or remove an interchange) the Act and any related instruments must be consulted in conjunction with this proclamation.

The proclamation does not include any penal provisions, infringement notices or enforcement mechanisms within its text. It performs declaratory and amending functions by changing schedule entries in the prior proclamation and by specifying its effective date. Because it is an exercise of power under section 52A of the Roads and Jetties Act 1935, enforcement and penalties for non-compliance with the legal consequences of the changed designations, if any, must be sought in or derived from the Roads and Jetties Act 1935 and any subordinate regulations that implement the Act rather than from the proclamation itself.

Operational enforcement will therefore depend on the statutory regime created by the Roads and Jetties Act 1935. The proclamation places changes into the statutory record; any enforcement body that implements or supervises compliance with that Act will enforce the resulting legal state. The proclamation’s administrative notes identify the Department of State Growth as the administering agency and the Minister for Infrastructure (signature recorded) as the responsible minister, which indicates who will operationally carry responsibility for implementing and monitoring the changes. The Gazette notification and the display and numbering statement reference compliance with the Rules Publication Act 1953 publication formalities, which is an administrative prerequisite to giving the proclamation effect.

Practically, those who must respond to the new legal state will be local road authorities, the Department of State Growth, and any statutory or regulatory agency empowered by the Roads and Jetties Act to regulate access and road control. The proclamation does not specify who will undertake remedial or enforcement actions (for example, removing an access, changing signage, issuing notices), nor does it specify the timing or the funding of any physical works necessary to reflect the changed designations. The absence of on-the-face penal measures means that the pathway to enforcement is procedural: the proclamation amends the legal landscape; parties and authorities invoke the Roads and Jetties Act (and other applicable legislation) to enforce duties, to ensure compliance with access rules, or to address disputes that arise due to the change in statutory description.

If a party required to conform to the new designations fails to do so, any penalties or enforcement protocols will be those provided under the parent Act and applicable subordinate instruments. The proclamation itself does not set out offences, infringement amounts, or enforcement powers.

The proclamation explicitly situates itself within a network of statutory instruments and publication rules. It is made under section 52A of the Roads and Jetties Act 1935, and it expressly amends a prior proclamation that had been notified as Statutory Rules 1980, No. 156. It also records compliance with the Rules Publication Act 1953 and states its administration under the Department of State Growth. Each of those connections is signalled in the proclamation text and establishes the proclamation’s place in the legal architecture.

The immediate interaction is with the Roads and Jetties Act 1935. The proclamation is an exercise of the delegated power conferred by that Act (s 52A is cited in the prefatory material). The functional outcome of the proclamation is an amendment of schedule entries (items 1 and 2) in a previously issued proclamation under the same Act. The parent Act is therefore the substantive source of the legal effects that flow from the proclamation’s label changes; the proclamation changes the statutory facts that the Act uses to regulate road access, but it does not itself set out the Act’s operative rules.

The proclamation cross-references the 1980 instrument by which the prior designations were notified: the text repeatedly refers to "the proclamation notified in the Gazette as Statutory Rules 1980, No. 156" and substitutes item 2 in Schedules 1 and 2 to that instrument. In practical terms, the proclamation must be read alongside the 1980 statutory rule it amends, because the new substituted items replace the prior item 2 entries but leave intact other parts of the 1980 instrument that are not repealed or amended by this instrument.

The Rules Publication Act 1953 is invoked for the display and numbering formalities. The proclamation states it has been "Displayed and numbered in accordance with the Rules Publication Act 1953." That interaction means the proclamation follows the statutory publication requirements that give it legal force and allow it to be considered properly promulgated and effective upon Gazette notification.

Other potential interactions, not expressly detailed in this proclamation, would be with state land registration, local government planning and road maintenance regimes, and contractual access arrangements that have previously referenced the 1980 schedule entries. The instrument does not itself mention land titling instruments or local government acts. However, because it alters the statutory description of the highway and its places of access, it interacts functionally with any laws or private instruments that rely on the statutory designation of particular access points. The proclamation’s administration in the Department of State Growth signals which department handles operational interaction, for example updating maps, managing signage and coordinating with local authorities.

Finally, the instrument’s effective date rule ties into publication norms: it takes effect on the day its making is notified in the Gazette. The dates on the instrument , made 5 July 2016, notified 13 July 2016 , therefore anchor the intersection of this proclamation with other laws that use effective dates or publication rules to trigger administrative or legal consequences.

The proclamation records a single, explicit amendment to a prior instrument rather than a chain of multiple amendments. It amends the proclamation that had been notified as Statutory Rules 1980, No. 156 by removing and substituting item 2 in both Schedule 1 and Schedule 2. The text of paragraph (c) sets out the amendment process: the instrument omits item 2 from Schedule 1 and substitutes a new item 2, and likewise omits item 2 from Schedule 2 and substitutes a comprehensive new item 2 listing the access points and the redefined highway segment.

The replaced Schedule 1 item sets the segment length as 85.00 km and describes the segment as "That part of the Bass Highway from the centre of the Beresford Lane overpass near Westbury to the centre of the Ironcliffe Road overpass at Penguin." The substituted Schedule 2 item 2 is extensive and lists many roads and ramps, together with side-of-road qualifiers and kilometre measurements keyed off various anchor points. The amendment therefore both narrows and clarifies the textual description of the highway segment and the list of places of access that relate to it.

In terms of chronology, the instrument is dated 5 July 2016, with Gazette notification recorded as 13 July 2016. Paragraph (d) specifies the effective date rule by declaration that the proclamation takes effect "on the day on which its making is notified in the Gazette." As a result, the substituted schedule entries should be treated as effective from 13 July 2016. The text also records that the instrument was "Displayed and numbered in accordance with the Rules Publication Act 1953" and is administered in the Department of State Growth. Those administrative notations complete the record of the amendment.

There is no further amendment history set out in this instrument itself. It does not record earlier or later amendments beyond the 1980 statutory rule it modifies. If one needs the full chain of amendments to the 1980 proclamation, the proclamation indicates the relevant starting point to check (Statutory Rules 1980, No. 156) and sets the date and text of this particular amendment. Any subsequent amendments or related instruments are not contained in the proclamation and would need to be sought in the legislative instrument register or in subsequent Gazettes.

The proclamation contains no mention of litigation, judicial interpretation, or proceedings related to its text, effect or the 1980 proclamation it amends. There are no cases cited, no disputes recorded, and no references to orders, injunctions or judicial declarations in the text. The instrument is a straightforward executive proclamation amending the earlier Statutory Rules entry, and it confines itself to the substitution and the effective date and administrative metadata.

Given that the proclamation does not itself create offences or enforcement mechanisms, and given that it is an amendment to a prior statutory instrument, any litigation that might arise from its operation would proceed under the parent statute, the Roads and Jetties Act 1935, or under related legislation or private law causes of action. The proclamation does not provide a record of such disputes. For purposes of legal research, the proclamation identifies its Gazette notification date (13 July 2016), the administering department (Department of State Growth) and the prior instrument amended (Statutory Rules 1980, No. 156), and those references provide the documentary trail to check against any litigation records or dispute files in court or administrative tribunals, none of which are mentioned here.

If questions about interpretation or the effect of substituted access points were litigated, the relevant materials would include this proclamation, the 1980 statutory rule as amended, the Roads and Jetties Act 1935 provisions granting the power to make these proclamations (section 52A as cited), and any administrative records or decisions in which the Department of State Growth applied the new designations. None of that litigation material is recited or linked in the proclamation itself.

There are several practical and textual features of the proclamation that counsel and compliance officers should note because they create potential sources of ambiguity, administrative complexity, or practical implementation work.

1. Multiple measurement anchors. The substitute Schedule 2 item 2 measures many access points by reference to different anchors: some distances are "in kms west from Porters Bridge Road overpass", others are "in kms west from Mole Creek Interchange underpass", others are "Distance in kms north from Railton Road", while further entries read "Distance in kms north from Oppenheims Road", "Distance in kms north from Gannons Hill Road", "Distance in kms north from Parramatta Creek Bridge", and so on. The presence of multiple anchor points means that mapping and precise location work will require reconstructing the intended reference frame for each cluster of entries. A mechanical error in interpreting which anchor applies to which sub-list could produce misidentification of the statutory access point.

2. In-line sectional structure and nested qualifiers. The substitute Schedule 2 item 2 is formatted as a table with a sequence of entries and periodic headings such as "Distance in kms west from Porters Bridge Road overpass" and "Distance in kms west from Mole Creek Interchange underpass" interspersed. The way the instrument is presented requires careful reading to pair each access point with the correct anchor and distance. Practitioners must not assume a uniform anchor applies across the entire list.

3. Small distances and precision. Some entries state very small distances such as "0.003" km (3 metres) and "0.015" km (15 metres). Those small values can be operationally significant: a 3 metre difference can mean a change in which legal parcel abuts the access or precisely where a statutory access begins. Practitioners should therefore treat the distances as precise, and, where necessary, seek physical measurement or mapping coordinate conversion to establish exact positions on the ground.

4. Duplicate or near-duplicate entries. The substitute Schedule 2 item 2 contains what appears to be repeated or very similar entries, for example "Castra Road ramp - south-east side | 5.83" and again "Castra Road ramp - south-east side | 5.94." The presence of two entries for what looks like the same ramp at two different kilometre marks may reflect two distinct ramp points or a typographical oversight in the substituted schedule. Practitioners should verify which entry the Department of State Growth or the authoritative plan identifies as the operative access point.

5. Side-of-road qualifiers and "both sides". Many entries specify whether access is on the "north side", "south side", "north-east side", "south-west side" or "both sides." Those qualifiers are legally important because they determine who has statutory access rights on which side of the highway. When an access is described as "both sides" there may be practical implications for construction, signage and traffic management that differ from a single-side access. The proclamation does not define how these side qualifiers interact with existing cadastral boundaries or private driveways.

6. Lack of coordinates. The proclamation relies on measured distances from named overpasses/underpasses rather than on map coordinates. That choice imposes an operational burden: to translate the statutory descriptions to on-the-ground points, agencies, surveyors and affected parties will need to convert the textual distances and anchor references into coordinates. The proclamation does not supply a schedule of coordinates or an accompanying map. That gap increases the risk of disputes about the precise location of an access point.

7. Effective date tied to Gazette notification. Paragraph (d) declares the proclamation takes effect on the day of Gazette notification and the instrument records that notification as 13 July 2016. Parties acting on the assumption that the date of signing (5 July 2016) was the effective date risk being mistaken. Compliance and operational changes should be keyed to the Gazette notification date.

8. Administrative responsibility vs operational implementation. The instrument identifies the Department of State Growth as the administering body. However, it does not specify who will physically change signage, who will notify affected landowners, who will update planning or permit registers, or who will fund any physical works to align the highway with the substituted designations. That absence leaves a practical gap that will have to be filled by departmental practice and inter-agency coordination.

These features are not defects of legal authority; they are features of drafting and operational design that create concrete steps that must be taken to convert the proclamation’s textual schedule into mapped, enforced and administratively integrated legal realities.

The proclamation itself is a formal amendment to statutory schedules. Compliance therefore follows from treating the substituted schedule entries as the authoritative statutory description of the Bass Highway segment and its places of access from the Gazette notification date. Concrete steps to comply or to advise a client should be the following, each grounded in the proclamation’s text.

1. Treat the substitute entries as effective from Gazette notification (13 July 2016). Paragraph (d) makes effectiveness contingent on Gazette notification. For any operational action or legal assessment, use the Gazette date recorded in the instrument as the operative date.

2. Map the new schedule entries to on-the-ground coordinates. The substitution replaces textual descriptions with distances anchored to named overpasses and underpasses and side-of-road qualifiers. Because the proclamation does not provide coordinates, obtain or commission a survey or spatial conversion that translates the listed distances and anchors into latitude/longitude or cadastral coordinates. This is essential for any party needing to locate statutory access points precisely for engineering, planning or title-related work.

3. Compare the substituted item 2 to the prior item 2 in Statutory Rules 1980, No. 156. The proclamation explicitly omits the prior item 2 and substitutes a new item 2 in each of Schedule 1 and Schedule 2. To determine what has changed for particular access points or particular parcels, compare the earlier schedule and the new schedule line by line. The proclamation identifies the earlier instrument so that such a comparison is possible.

4. Contact the administering department. The proclamation records that it "is administered in the Department of State Growth." For operational questions,clarification of apparent duplicate entries (for example the Castra Road ramp entries), procedural implementation (signage changes, record updates), or confirmation of mapping,the Department of State Growth is the administrative contact. Engage with that department for authoritative operational interpretation and for coordination of any necessary physical works.

5. Update internal and public registers and systems. Any authority, local government, road operator, utilities provider or property owner who relied on the prior statutory description should update its registers, maps and permitting systems to reflect the substituted schedule entries. Because the instrument was published in the Gazette, public authorities should update any online registers or planning systems accordingly.

6. For affected landowners, review property instruments and rights. Owners and occupiers of land adjoining the listed access points should check whether their access rights, easements, licences or contractual arrangements reference the statutory designations. If such instruments reference the earlier item 2 entries, legal advice should be obtained to ascertain how the substitution affects private rights. The proclamation does not itself create or extinguish private property titles, but the statutory reference points that private instruments rely on may change.

7. Consider administrative or statutory approvals tied to access. Where new physical works, new driveways or modifications depend on an established statutory "place of access", the substituted schedule entries will be the statutory reference used for approvals under the Roads and Jetties Act 1935 and related regulatory schemes. Parties seeking approvals should rely on the new schedule and coordinate with the Department of State Growth to ensure that any application reflects the updated statutory points.

8. Treat side-of-road qualifiers as binding descriptors. The substituted schedule specifies side-oriented descriptors ("north side", "south-west side", "both sides"). For compliance, treat those descriptors as part of the statutory description and consult the administering department about any operational consequences, such as restrictions or works on one carriageway versus the other.

9. Verify entries that appear duplicated or ambiguous. The substitute schedule contains entries that could be typographical or could reflect separate proximate access points. For entries that appear duplicated (for example Castra Road ramp entries at 5.83 and 5.94) or where the list’s structure makes it unclear which anchor applies, seek clarification from the Department of State Growth and, if necessary, request the authoritative plan or register that the department holds for the Bass Highway.

10. Keep the proclamation as part of the legal record for any disputes. Because the proclamation formally amends the 1980 instrument and is published in the Gazette, it is the authoritative public instrument reflecting the change. Retain the Gazette notice and the instrument text where access rights or duties may be disputed.

These compliance actions reflect the proclamation’s text: the substituted schedule entries, the effective date tied to Gazette notification, and the Department of State Growth’s administration. They do not presume any particular statutory consequence beyond the fact of amendment; to determine precise legal rights, duties or enforcement steps under the Roads and Jetties Act 1935 practitioners will need to read this proclamation in conjunction with the Act and any subordinate instruments that implement access, construction or enforcement requirements.