Explanatory Statement – Instrument 2009/3
The Minister for Infrastructure, Transport, Regional Development and Local Government approved the allocations for the new Roads to Recovery program, to run from 1 July 2009 to 30 June 2014 on 26 February 2009 (see instrument 2009/1).
In that list, $17,920,000 of the WA allocation is shown as unallocated. This money is for special projects funding (bridgeworks and Aboriginal access roads) which is unique to WA. Instrument 2009/2 amended the list to allocate some of this money to various councils and this instrument will allocate more of this money.
The remainder of the bridge component, for projects in the later part of the current funding period (July 2009 to June 2014) is yet to be received.
In addition, three councils have changed their names. These changes are also reflected in this instrument.
Overview
The Roads to Recovery Program was introduced to address the need for substantial infrastructure improvements across Australia, particularly in regional and rural areas, to support economic recovery and growth. Enacted as part of the legislative instruments under the Infrastructure and Regional Development Act 2012, this program was approved by the Minister for Infrastructure, Transport, Regional Development and Local Government on 26 February 2009. The policy objective was to allocate federal funding to local councils to undertake vital road projects that would enhance connectivity, accessibility, and overall quality of life in these areas. The instrument ensures the appropriate reallocation of funds and updates to council names to reflect current administrative structures. This initiative was designed to foster regional development and ensure that necessary infrastructure projects receive timely and adequate funding.
Scope and Application
The Roads to Recovery program, as approved under Instrument 2009/3, applies to the allocation of funds for specific infrastructure projects within the state of Western Australia (WA) from 1 July 2009 to 30 June 2014. This allocation pertains to bridgeworks and Aboriginal access roads, which are unique to WA, and targets various local councils within the state for implementation of these projects. The program's geographic reach is confined to WA, and it applies to the entities responsible for executing infrastructure projects, namely the local councils identified for funding. The instrument also accounts for the renaming of certain councils, ensuring that the updated names reflect accurately in the allocation of funds. The stated exclusions pertain to funds not yet received for the later part of the funding period, which are intended for bridge projects. Additionally, the application of this Act may be extended or restricted through subordinate instruments, which would detail further specifics of the allocations and amendments to the initial list.
Key Provisions
The key provisions of the legislation under instrument 2009/3 primarily focus on the allocation of funds from the Roads to Recovery program for Western Australia (WA) and adjustments for name changes of certain councils. Section 3 of the instrument specifies the allocation of $17,920,000 for special projects in WA, specifically for bridgeworks and Aboriginal access roads. This allocation is unique to WA and follows on from the initial allocations noted in instrument 2009/1. The funds are intended to be used over the period from 1 July 2009 to 30 June 2014.
The obligations imposed by the Act include ensuring that the allocated funds are used strictly for the intended purposes of bridgeworks and Aboriginal access roads. The instrument requires that the relevant authorities must ensure that these funds are properly managed and accounted for, in accordance with the program's objectives. Moreover, the Act mandates that any changes in the names of councils must be accurately reflected in the documentation and subsequent allocations, as seen in the adjustments for the three councils mentioned.
In terms of penalties and consequences, the instrument does not explicitly state specific offences or penalties for breaches. However, the general expectation is that any misuse or mismanagement of the allocated funds would be subject to scrutiny and potential legal action under the governing principles of public finance and accountability. Given the context of federal funding, any significant deviation from the intended use of funds could result in financial penalties, audits, or even legal proceedings to recover misused funds.
Overall, the instrument is designed to ensure that the Roads to Recovery program's objectives are met through precise allocation of funds and accurate record-keeping, particularly concerning the unique requirements of Western Australia and the necessary updates due to council name changes.