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Incorporated was declared to be a local governing body in August 2000 but, on 14 February 2007, this declaration was revoked.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.
Overview
The AusLink (National Land Transport) Act 2005 was enacted to provide for the funding of major road infrastructure projects across Australia. This Act addresses the need for a coordinated approach to the development of the national land transport network, ensuring that critical road projects receive adequate funding and support. The Act was enacted by the Parliament of Australia with the policy objective of enhancing the efficiency and effectiveness of the national land transport system, ultimately contributing to economic growth and improved connectivity across the country.
The explanatory statement outlines changes to the AusLink Roads to Recovery List, necessitated by local government amalgamations and the revocation of local governing body declarations. These changes are intended to ensure that funding is appropriately redirected to new or existing governing bodies that assume the responsibilities of those that have ceased to exist or had their roles altered. The Minister has the authority under sections 88(1) and 88(2) of the Act to adjust allocations to reflect these changes, thereby maintaining the integrity and purpose of the Roads to Recovery funding program.
Scope and Application
The AusLink (National Land Transport) Act 2005 applies to local government authorities that are allocated funds under the Roads to Recovery program. Specifically, the Act provides for the variation of the AusLink Roads to Recovery List to account for changes such as council amalgamations and transfers of local government responsibilities. In the context of the explanatory statement regarding Variation of AusLink Roads to Recovery List No. 2007/1, the Act facilitates the redirection of funds from bodies that cease to exist or transfer their responsibilities to other entities before fully receiving their allocations. For instance, in Western Australia, the planned amalgamations of the City of Geraldton and the Shire of Greenough, as well as the absorption of the Town of Northam into the Shire of Northam, necessitate adjustments to the allocation of funds accordingly. Similarly, in the Northern Territory, the revocation of the Milyakburra Community Council Incorporated's status as a local governing body and the agreement for the Angurugu Community Government Council to provide services to the Milyakburra community results in the redirection of Milyakburra’s full allocation to Angurugu. This legislative framework ensures that funds are appropriately allocated to the entities responsible for delivering local government services as per the Act.
Key Provisions
The AusLink (National Land Transport) Act 2005 provides for the allocation of Roads to Recovery funds to certain local government authorities, as determined by the Minister under section 87. These funds are intended to support transport infrastructure projects in regional areas. Under section 88 of the Act, the Minister has the authority to vary the list of recipients to account for changes such as council amalgamations or the transfer of responsibilities between local governing bodies.
In the case of Western Australia, the Act allows for the redirection of funds when councils amalgamate before the full allocation has been paid. Specifically, under section 88(1), any funds not yet paid to the City of Geraldton and the Shire of Greenough will be transferred to the new City of Geraldton-Greenough once the amalgamation takes effect on 1 July 2007. Similarly, any remaining funds allocated to the Town of Northam will be transferred to the Shire of Northam once the Town ceases to exist as a legal entity following its absorption into the Shire.
Additionally, the Act provides for the redirection of funds when the responsibilities of a local governing body are transferred to another entity before the full allocation has been received. This is illustrated in the Northern Territory, where the Milyakburra Community Council Incorporated no longer holds a local government role following the revocation of its declaration in February 2007. Under section 88(2), the Minister can redirect the full allocation of Milyakburra to the Angurugu Community Government Council, which has agreed to provide local government services to the Milyakburra community.
The Act imposes obligations on the Minister to ensure that funds are appropriately redirected to the new or continuing entities responsible for the areas originally intended to receive the Roads to Recovery funds. Failure to comply with these provisions could result in legal challenges or the misallocation of funds intended for regional infrastructure projects.
There are no specific offences or penalties outlined in the explanatory statement for the failure to correctly apply these provisions. However, any breach of the Act's provisions could potentially lead to civil or administrative consequences, such as the need to repay misallocated funds or face legal action to enforce the correct allocation. The maximum penalties for breaches of the AusLink Act are not specified in the explanatory statement, but they would typically be governed by the general provisions of the Act or related legislation.