Explanatory Statement – Variation of AusLink Roads to Recovery List Instrument No. 2006/1
Part 8 of the AusLink (National Land Transport) Act 2005 (the Act) provides for funding for the maintenance and construction of roads. The funds will be provided to local government and to state government agencies responsible for roads in the unincorporated areas of Australia.
Section 87 requires the Minister to determine in writing a list (the AusLink Roads to Recovery list) specifying the amounts of Commonwealth funding that are to be provided under the AusLink Roads to Recovery Program to each of the bodies that are to receive the amount. It was determined on 2 August 2005 and varied on 30 September 2005 under section 88(3) to correct errors and update the list.
Section 88(2) allows the list to be varied where:
(a) the amount specified in the list for a named recipient was wholly or partly on account of a particular area for which the named recipient was responsible
(b) and, before the named recipient receives the full amount specified in the list, one or more other body or bodies takes responsibility for that area
the Minister may, in writing, vary the List to redirect some or all of the remainder of the named recipient’s amount to the other body or bodies.
In this case, the Western Australian Local Government Grants Commission was listed to receive funding for bridge works and Aboriginal access roads. These works will be undertaken by certain individual councils. The instrument redirects the necessary funds from the Western Australian Local Government Grants Commission to the councils involved.
The variation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
All legal and other requirements needed to make this determination have been met.
No documents are incorporated in the instrument by reference.
This instrument has no direct effect on business nor does it restrict competition. It is designed to enable Part 8 of the Act to operate. The amounts determined reflect the recommendations of the Local Government Grants Commissions in each jurisdiction and these are generally regarded by local government as a fair and equitable basis for the allocations.