EXPLANATORY STATEMENT
Minister for Transport and Regional Services
AusLink (National Land Transport-Consequential and
Transitional Provisions) Act 2005
DETERMINATION UNDER ITEM 2 OF SCHEDULE 2
This Statement is in respect of the Determination of approvals under the Australian Land Transport Development Act 1988 (the ALTD Act) which become approvals under the AusLink (National Land Transport) Act 2005 (the AusLink Act) made under the AusLink (National Land Transport - Consequential and Transitional Provisions)
Act 2005.
The effect of the Determination is that the project approvals made under the ALTD Act listed in the Determination become project approvals under the AusLink Act. Under the AusLink (National Land Transport - Consequential and Transitional Provisions)
Act 2005, the Determination has effect from the date of the proclamation of the AusLink Act which was 28 July 2005.
The AusLink Act provides the legislative basis for the administration of the Government’s AusLink Investment Programme, which replaces the former National Highways and Roads of National Importance programmes which were administered under the ALTD Act. The AusLink Investment Programme includes AusLink National Projects, AusLink Transport Development and Innovation Projects and AusLink funding for land transport research entities.
The AusLink Act also incorporates under the one piece of legislation, the legislative arrangements for Black Spot Projects, Strategic Regional Projects, and the Roads to Recovery programme of direct funding to local councils.
The Determination will ensure that there is a seamless changeover between the former National Highway and Roads of National Importance programme and the new AusLink Investment Programme. All ongoing projects on the AusLink Network are transferred by the Determination to the AusLink Act. Projects approved under the Roads of National Importance programme for works not on the AusLink Network will continue under the ALTD Act until they are completed. No further approvals can be made under the ALTD Act.
The ongoing Black Spot projects are also transferred to the new legislation to ensure that all current Black Spot projects are administered under the same legislation.
The Determination does not adversely affect any person’s rights nor does it impose liabilities on any person.