AusLink (National Land Transport) Act 2005
Explanatory statement – Variation of AusLink Roads to Recovery List No. 2007/1
On 2 August 2005, the Minister determined a list of bodies to receive Roads to Recovery funds (the list) and their allocations as required under s.87 of the AusLink Act (the Act). The bodies listed are the local government authorities that existed at the time but there is provision in the Act to amend the list to take account of council amalgamations etc. Several changes have already occurred which are now reflected in the list. The following changes will require further changes to the list.
In Western Australia
Two amalgamations are planned for 1 July 2007:
(a) The City of Geraldton and the adjacent Shire of Greenough will be amalgamated to form a new council, the City of Geraldton-Greenough. Both precursor councils will cease to exist as legal entities; and
(b) The Town of Northam will be absorbed into the Shire of Northam, which surrounds it. The Town of Northam will cease to exist as a legal entity.
Under s.88(1) of the Act, where a body on the list ceases to exist before it has received its full allocation, the Minister can redirect any part of the allocation of the precursor body not paid to it at the date of abolition to the body that has taken over its responsibilities. Thus, the funds not yet paid to Geraldton and Greenough will become the allocation of the new City of Geraldton-Greenough and the funds not yet paid to the Town of Northam will be added to the allocation for the Shire of Northam.
In the Northern Territory
The Milyakburra Community Council Incorporated was declared to be a local governing body in August 2000 but, on 14 February 2007, this declaration was revoked. This did not abolish the Council but it did remove its local government role and it has been agreed that the nearby Angurugu Community Government Council will provide local government services to the Milyakburra community until local government in the NT is restructured next year.
Under s.88(2) of the Act, if a body on the list is responsible for an area but this responsibility is transferred to another body before the former has received its full allocation, the Minister can redirect any part of the allocation of the precursor body not paid to it at the date of the transfer to the body that has taken over its responsibilities. Milyakburra has not spent any current programme funds. It is therefore proposed to transfer Milyakburra’s full allocation to Angurugu.