States Grants (Roads) Act 1977
Act No. 101 of 1977 as amended
[Note: This Act was repealed by Act No. 8 of 2005 on 22 February 2005]
This compilation was prepared on 31 January 2000
taking into account amendments up to Act No. 146 of 1999
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
Part II—National roads
4 Interpretation
5 Declaration of national highways and national commerce roads
6 Standards for national roads
7 Approval of programs
8 Amount of grants
9 Conditions of grant of financial assistance
Part III—Roads other than national roads
10 Interpretation
11 Approval of programs
12 Allocations for local roads
13 Amount of grants
14 Conditions of grant of financial assistance
15 Expenditure by State from its own resources
Part IV—General
16 Particulars of projects
17 Minister may require State to furnish information
18 Alternative arrangements for approval of programs
19 Variations of amounts specified in Schedules
20 Variations of amounts specified in Schedules by reason of relative priorities
21 Moneys expended after year in which they are paid to State
22 Moneys deemed to have been expended on approved project
23 Statements of expenditure, etc. to be furnished
24 Conditions as to repayment
25 Co‑operation by State
26 Establishment of body representing a State
27 Deduction of amount repayable by State
28 Time and manner of payments
29 Payments to States to be made out of Consolidated Revenue Fund or Loan Fund
30 Authority to borrow
31 Application of moneys borrowed
32 Reimbursement of Consolidated Revenue Fund from Loan Fund
33 Appropriation
34 Delegations
35 Payments under States Grants (Roads Interim Assistance) Act 1977
36 Programs submitted before commencement of Act
Schedule 1—Division among States of total grants with respect to national roads
Schedule 2—Amounts of grants in respect of the construction of national highways
Schedule 3—Amounts of grants in respect of the maintenance of national highways
Schedule 4—Amounts of grants in respect of the construction of national commerce roads
Schedule 5—Division among States of total grants with respect to roads other than national roads
Schedule 6—Amounts of grants to be expended on the construction of rural arterial roads
Schedule 7—Amounts of grants to be expended on the construction and maintenance of rural local roads
Schedule 8—Amounts of grants to be expended on minor traffic engineering and road safety improvements with respect to roads
Schedule 9—Amounts of grants to be expended on the construction of urban arterial roads
Schedule 10—Amounts of grants to be expended on the construction of urban local roads
Schedule 11—Quotas
Notes
An Act to grant financial assistance to the States in relation to national roads and other roads
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the States Grants (Roads) Act 1977.
Overview
The States Grants (Roads) Act 1977 was enacted by the Commonwealth Parliament to provide financial assistance to the States for the construction and maintenance of roads. The Act aimed to address the need for coordinated and funded development of the national road network, recognising the importance of national highways and other roads for economic activity and interstate connectivity. The policy objective of the Act was to ensure that national roads were of an adequate standard and to support the States in their road planning and construction activities. The Act was repealed by the States Grants (Roads Funding Agreement) Act 2005 on 22 February 2005, transitioning to a new funding agreement mechanism for road grants.
Scope and Application
The States Grants (Roads) Act 1977 applies to the Commonwealth of Australia and provides financial assistance to the States for the construction and maintenance of national and other roads. The Act is applicable to the six states of Australia: New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania. The Act covers both national roads, including national highways and national commerce roads, as well as roads that are not designated as national roads, such as rural and urban arterial and local roads. The Act also extends to minor traffic engineering and road safety improvements related to roads. The primary purpose of the Act is to provide financial assistance through grants to the states for road construction and maintenance projects. The Act includes provisions for the declaration of national roads, the establishment of standards for these roads, and the approval of programs and projects. Financial assistance is subject to conditions, including the requirement for states to expend the funds on approved projects and to provide information and cooperation as required by the Minister. The Act also includes provisions for the variation of grant amounts and the repayment of funds if conditions are not met. The Act was repealed by the States Grants (Repeal and Consequential Provisions) Act 2005, but its provisions were in effect for the period commencing on 1 July 1977 and ending on 30 June 1980.
Key Provisions
- The States Grants (Roads) Act 1977 provides financial assistance to states for the construction and maintenance of national and other roads. Section 5 allows the Minister to declare certain roads as national highways or national commerce roads based on their significance in linking state capital cities, facilitating trade, or connecting with other countries. Section 6 empowers the Minister to set standards for national roads, including specifying necessary works, order of execution, and applicable standards. The Act mandates that financial assistance is subject to conditions, such as the requirement for states to expend a specific amount on national road projects each year (sections 8 and 9), and similar obligations for non-national roads (sections 13, 14, and 15). These obligations include the construction of various types of roads and minor traffic engineering improvements. Non-compliance with these conditions can lead to financial penalties, including the repayment of grants and additional financial liabilities, as stipulated in sections 23, 24, and 25. The Act also outlines the process for approving programs and allocating funds, with specific provisions for variations and revocations under sections 19 and 20. Furthermore, section 34 permits the Minister to delegate certain powers to public servants, while sections 26 and 27 address the establishment of advisory bodies by states and the deduction of repayable amounts, respectively.
- Area of Law
- Finance & Banking Law
- Infrastructure Law
- Environmental Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Regulatory Standards
- Delegations
- Transitional Provisions