Nation Building Program (National Land Transport) Act 2009 - Variation of the Nation Building Program Roads to Recovery List - Instrument No. 2009/2

Overview

The Roads to Recovery Act 2009 was enacted by the Parliament of Australia to provide funding for infrastructure projects aimed at stimulating economic recovery in the aftermath of the global financial crisis. This legislation was introduced to address the urgent need for infrastructure investment to create jobs and boost economic activity. The policy objective of the Act was to allocate funds for the development of roads, bridges, and other critical infrastructure projects across various regions in Australia. The Act authorised the Minister for Infrastructure, Transport, Regional Development and Local Government to approve specific allocations under the Roads to Recovery program, with a focus on delivering tangible benefits to communities through improved transport infrastructure.

Scope and Application

The Roads to Recovery program, as outlined in Instrument 2009/2, applies specifically to the state of Western Australia (WA), focusing on infrastructure projects within its jurisdiction. This legislation, approved by the Minister for Infrastructure, Transport, Regional Development and Local Government, pertains to entities and individuals involved in the planning, implementation, and management of infrastructure projects within the specified time frame from 1 July 2009 to 30 June 2014. The Act covers a range of infrastructure projects, particularly targeting bridgeworks and Aboriginal access roads, with a notable focus on special projects unique to WA. The allocations for these projects are detailed within the instrument, with $17,920,000 earmarked for unallocated special projects, pending further submission of project details by WA. The program does not explicitly outline exclusions or exemptions but is subject to the administrative and financial regulations of the Commonwealth and WA, potentially extending or restricting application through subordinate instruments as necessary.

Key Provisions

The main operative sections of F2009L02943 detail the allocation of funds under the Roads to Recovery program, which spans from 1 July 2009 to 30 June 2014. Section 3 specifies the allocation of $17,920,000 for Western Australia (WA) for special projects, including bridgeworks and Aboriginal access roads, which are unique to the state. This allocation is part of the total funding distributed under this program. Western Australia has already provided a list of projects for funding under the Aboriginal access component, as well as some bridge projects, which are reflected in the instrument (sections 4 and 5). The Act imposes several obligations on the parties involved. Primarily, it mandates that the Minister for Infrastructure, Transport, Regional Development and Local Government approve the allocations for the Roads to Recovery program. The Minister has already done so, as evidenced by the approval date of 26 February 2009 (section 2). Western Australia, as a beneficiary of these funds, must provide detailed lists of projects for both the Aboriginal access component and the bridgeworks component to ensure proper and transparent use of the allocated funds (sections 4 and 5). There are potential consequences for non-compliance with the provisions of this Act. While the specific offences, penalties, or consequences are not detailed in the explanatory statement, it is reasonable to infer that breaches could lead to legal action. This could include civil or criminal penalties, especially if the misuse of funds is involved. The maximum penalties for such breaches would depend on the specific nature of the offence and would be determined according to the relevant legislation governing public funds and project allocations. In summary, F2009L02943 outlines the allocation of funds for the Roads to Recovery program, specifies the obligations of the Minister and Western Australia in terms of project approval and provision of project lists, and implies potential consequences for non-compliance, though these are not explicitly detailed in the explanatory statement.