AusLink (National Land Transport) Act 2005 - Variation of the AusLink Roads to Recovery List Instrument No. 2008/5

AusLink (National Land Transport) Act 2005

Explanatory statement – Variation of AusLink Roads to Recovery List No. 2008/5

On 2 August 2005, the then 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 (National Land Transport) Act 2005 (the Act).  The bodies listed were 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. 

This instrument implements two issues which have arisen from the recent shire amalgamations in Queensland and the NT.

Tiwi Islands Shire Council

This shire replaces the former Tiwi Islands Local Government without changes to its boundaries.  It was originally thought that this was merely a name change and the new Council was given an allocation equal to that of the previous shire.  However, we now understand that it is a different legal entity, which means that it should have been treated as the abolition of one shire and creation of another.  This instrument gives effect to the change.  The new council has an allocation of $683,143.

The division of the residual allocation for the Tiaro Shire Council

Most of the recent changes in Queensland involve the amalgamation of two or more councils in their entirety into a new council but there are three cases where this is not so.  Specifically, part of the former Tiaro Shire has been incorporated into the Gympie Regional Council and part into the Fraser Coast Regional Council.

The Act does not specify a mechanism for dividing the residual allocation of the Tiaro Shire Council between its two successors and they were asked to agree to a division.  This has now been done.  The effect of this is to make changes to the allocations of the two successor councils as follows:

The instrument also implements these changes.