AusLink (National Land Transport) Act National Land Transport Network Determination 2005 (No. 1) Variation 2

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2008L03488 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

AusLink (National Land Transport) Act National Land Transport Network Determination 2005 (No.1) Variation 2

 

 

 

Made under section 6 of the AusLink (National Land Transport) Act 2005

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

 

 

 

 

 

 

 

September 2008

 

  1. legislative context

Section 5 of the AusLink (National Land Transport) Act 2005 requires that the Minister for Infrastructure, Transport, Regional Development and Local Government determines a National Land Transport Network.  The principal purpose of determining the National Land Transport Network is to establish the roads and railways on which projects can be approved for funding as AusLink National Projects under Part 3 of the Act.  The AusLink (National Land Transport) Act 2005 National Land Transport Network Determination 2005 (No. 1) was made on 12 October 2005 and was varied on 11 January 2007.

Section 6 of the Act allows the Minister to vary the National Land Transport Network, as long as the variation once made, accords with the requirements of section 5 of the Act.

2.                       content and effect of Variation 2

2.1.                 Overview of the Network Determination

The AusLink National Network was designed as the focus of Australian Government investment and represents the “backbone” of the transport system, i.e. the links of strategic national importance, including major freight corridors and links to ports, airports and other centres of inter-modal activity.  The selection of corridors was based largely on freight volumes and traffic movements but recognised the need for national connectivity between some of the more remote centres such as Darwin and Perth.

The Network includes:

  • rail links because, with the prospective increase in freight demand, Australia needs a high-performing rail system to take some of the load off roads;
  • urban links to ports, airports and other inter-modal facilities in order to deliver productivity growth and relieve the freight-choked links to ports, airports and terminals; and
  • major inter-regional links that are nationally important for increasing economic growth.

The National Network Determination is used throughout the Act as a requirement for funding eligibility.   AusLink National Projects under Part 3 of the Act must be on the Network while Strategic Regional Projects under Part 6 must be non-Network.

2.2.                 Changes to the Network Determination

2.2.1.           Geelong Ring Road

Section 3(2) varies the determination to add proposed Stages 4A and 4B.  It also changes the name from Geelong bypass to Geelong Ring Road.  The project is currently known as the Geelong Ring Road, the name has been changed in the determination to avoid confusion and accurately reflect the proposed network link.

A bypass of Geelong will provide benefits for the movement of freight onto the AusLink National Network.  It will also alleviate pressure on the current internal road network by bypassing the congested Central Business District of Geelong.

Stages 4A and 4B of the Geelong Ring Road will provide improved safety and efficiency for land transport operations, particularly through bypassing the suburb of Waurn Ponds and providing higher standard interchanges to connect to the road network.  Efficiency will also be improved through the extension of the high speed freeway network.

The Australian Government has committed $186 million for Stages 1, 2 and 3 of the Geelong Ring Road under the current AusLink program and a further $107.5 million for Stages 4A ($62.5 million) and 4B ($45 million) under AusLink 2, bringing the total commitment to $293.5 million.  Stages 4A and 4B of the Geelong Ring Road must be added to the AusLink National Network to be funded as AusLink National Projects under Part 3 of the Act.

2.2.2.           Townsville Port Access Road

Section 3(3) adds the proposed Townsville Port Access Road to the Townsville-Mt Isa section of the National Network.  The proposed road extends from the Flinders Highway to the gates of the Port of Townsville. 

The Australian Government has committed $95 million in joint funds with the Queensland Government for a $190 million project to build the Townsville Port Access Road.  For the Australian Government to provide funding for this road as an AusLink National Project it must be added to the AusLink National Network. 

 

The proposed Townsville Port Access Road provides for the import, export and supply chain for north Queensland and in particular the north western mineral province around Mount Isa and Cloncurry.  The road will enable quicker, more reliable and cheaper access to the port, enhancing economic benefits to the national economy from existing industry and providing for expected growth in the region.  The existing route to the port has operational constraints due to adjacent residential development.  

This link connects to the Bruce and Flinders Highways.  Both these roads are on the AusLink National Network with the Bruce Highway forming the Brisbane-Cairns corridor and the Flinders Highway part of the Townsville-Mt Isa corridor.

2.2.3.           Tiger Brennan Drive

Section 3(4) adds the proposed Tiger Brennan Drive extension to the Adelaide (Port Augusta)-Darwin section of the National Network.  The proposed road extends the existing Tiger Brennan Drive from its junction with Berrimah Road to the Stuart Highway at the Roystonea Avenue intersection in Darwin, Northern Territory.

The Tiger Brennan Drive extension will provide for a more direct route between Darwin and Palmerston in the Northern Territory and form a key part of the road network servicing the Darwin region.  It will also accommodate projected traffic demands from continued population growth and expansion of the East Arm industrial zone.  The enhanced link into the East Arm Port area will improve interstate and regional freight movements for imports and exports, strengthening Darwin’s position as a major Australian gateway to South-East Asia.

The Australian Government has announced a commitment of $36 million towards a $72 million scope of works for the Tiger Brennan Drive/East Arm Port Access project.  The relevant extension of Tiger Brennan Drive must be added to the AusLink National Network to be funded as an AusLink National Project under Part 3 of the Act.

The Australian Government has also announced a commitment of up to $38 million to grade separate the intersection of the proposed Tiger Brennan Drive extension with the Stuart Highway.

2.3.                 Documents Incorporated by Reference

This legislative instrument does not incorporate any documents by reference.

2.4.                 Disallowance and Sunsetting

This legislative instrument is exempt from section 42 (Disallowance) and Part 6 (Sunsetting) of Legislative Instruments Act 2003 (section 6(3) of the AusLink (National Land Transport) Act 2005).

2.5.                 Publication

Section 7 of the AusLink Act requires that any variation to the National Network be published.  Registration of the variation instrument on the Federal Register of Legislative Instruments satisfies this requirement.

3.                       best practice regulation

3.1.                 Regulatory Assessment

This instrument does not involve any regulatory or quasi-regulatory measures and as such does not require regulatory assessment. 

 

 

 

Overview

The AusLink (National Land Transport) Act 2005, enacted by the Australian Parliament, was introduced to establish and manage the National Land Transport Network, which includes major roads and railways eligible for funding as AusLink National Projects. Section 5 of the Act mandates the Minister for Infrastructure, Transport, Regional Development and Local Government to determine this network, focusing on strategic national importance, major freight corridors, and links to ports, airports, and inter-modal centres. The Act’s policy objective is to facilitate economic growth by enhancing national connectivity and relieving congestion through significant transport infrastructure investments. In September 2008, Variation 2 to the AusLink National Network Determination 2005 was made to incorporate new projects, including the Geelong Ring Road, Townsville Port Access Road, and Tiger Brennan Drive extension, thereby ensuring they qualify for AusLink funding. This variation reflects the Australian Government's commitment to improving freight efficiency, economic productivity, and regional connectivity.

Scope and Application

The AusLink (National Land Transport) Act National Land Transport Network Determination 2005 (No. 1) Variation 2 applies to the National Land Transport Network, as designated under section 5 of the AusLink (National Land Transport) Act 2005. The Act mandates the establishment of this network, which serves as the basis for determining eligibility for funding of AusLink National Projects under Part 3 of the Act and Strategic Regional Projects under Part 6. The Act applies across the Commonwealth of Australia and includes specific provisions for the designation and variation of the National Land Transport Network. This Variation 2, made under section 6 of the Act, specifically alters the National Land Transport Network by adding the Geelong Ring Road, Townsville Port Access Road, and Tiger Brennan Drive extension. These additions are made to ensure that projects located on these roads are eligible for funding as AusLink National Projects. The changes reflect the strategic importance of these transport links for freight movement, economic growth, and national connectivity, particularly in relation to major ports and inter-modal facilities. The variation does not incorporate any documents by reference and is exempt from the disallowance and sunsetting provisions of the Legislative Instruments Act 2003. This legislative instrument was published in compliance with section 7 of the AusLink Act, with its registration on the Federal Register of Legislative Instruments fulfilling the requirement for public notification.

Key Provisions

Section 3 of the AusLink (National Land Transport) Act National Land Transport Network Determination 2005 (No. 1) Variation 2 outlines specific changes to the National Land Transport Network, enhancing its scope by adding three new infrastructure projects: the Geelong Ring Road, the Townsville Port Access Road, and the Tiger Brennan Drive extension. These additions are made to ensure that the network can support national projects eligible for AusLink funding. The Geelong Ring Road, which includes Stages 4A and 4B, is designed to improve freight movement by bypassing the congested Central Business District of Geelong, thus improving safety and efficiency in land transport operations. The Townsville Port Access Road aims to provide quicker, more reliable access to the Port of Townsville, facilitating better import, export, and supply chain operations for north Queensland. Lastly, the Tiger Brennan Drive extension will enhance the road network servicing Darwin, accommodating increased traffic demands and improving interstate and regional freight movements. The Act imposes obligations on the Minister for Infrastructure, Transport, Regional Development and Local Government to ensure that any variation to the National Land Transport Network adheres to the requirements set out in section 5 of the AusLink (National Land Transport) Act 2005. This includes ensuring that the network remains focused on strategic national importance, major freight corridors, and links to ports, airports, and inter-modal activity centres. The Minister must also ensure that any new additions to the network are consistent with the overall purpose of supporting national projects that can receive AusLink funding. Breach of the obligations under the AusLink (National Land Transport) Act 2005 could potentially lead to legal consequences, though specific offences and penalties are not detailed in the Variation 2 document. The Act generally provides for compliance mechanisms and enforcement actions in cases of non-compliance, but these are not explicitly outlined here. However, the Act’s purpose is to streamline the funding process for critical national transport projects, and deviations from the established network could jeopardise the eligibility of projects for federal funding, thereby impacting infrastructure development and economic growth.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.