Explanatory Statement – Variation of the Nation Building Program Roads to Recovery Program List
Instrument 2011/1
Under s.87 of the Nation Building Program (National Land Transport) Act 2009 (the Act), the Minister must determine a list of bodies which are to receive Roads to Recovery funds and the amount that each is to receive ie its allocation and also show any unallocated funds. The initial list was determined on 26 February 2009.
WA Bridges Program
The special projects are all either Aboriginal access roads or bridges. It was not known when the initial list was determined which councils would receive funds for these projects and so the corresponding funds were initially shown as unallocated.
The special projects have been provided in two stages. The first group, which was provided in July 2009, included all the Aboriginal access projects for the full five years and the bridge projects for the first two years of the program. The list was amended at that time to increase the allocations of the councils undertaking them and to reduce the amount of funding shown as unallocated.
The remaining bridge projects are now known and this instrument amends the list to increase the allocations of the councils undertaking them and to reduce the amount of funding shown as unallocated to nil.
City of Greater Geraldton
Under s.88(1), where a body on the list ceases to exist before it has received its full allocation, the Minister can redirect any part of the allocation of the precursor body not paid to it at the date of abolition to the body that has taken over its responsibilities. In practice, this is done by varying the list.
Two of the councils on that list, the City of Geraldton-Greenough and the Shire of Mullewa, were abolished from 1 July 2011 and a new council, the City of Greater Geraldton, created to take over their responsibilities. The City of Greater Geraldton and its allocation have been added to the list and allocations for the precursors reduced to the amounts already paid to them.
Overview
The Variation of the Nation Building Program Roads to Recovery Program List Instrument 2011/1, enacted under the authority of the Nation Building Program (National Land Transport) Act 2009, was introduced to address the need for updating the allocation of funds within the Roads to Recovery program. This instrument was developed to respond to the evolving circumstances of local government bodies that were to receive funding, particularly in relation to the Western Australian Bridges Program, which includes both Aboriginal access roads and bridges. Initially, certain funds were designated as unallocated due to uncertainty about which councils would benefit from the bridge projects. This instrument aims to rectify the allocation of these funds by providing clarity on the recipients and ensuring that no funds remain unallocated.
The policy objective, as stated in the explanatory statement, is to amend the list of bodies eligible for Roads to Recovery funds to reflect the current structure of local government authorities and to accurately allocate the funding for the bridge projects. This adjustment ensures that the program's resources are efficiently managed and effectively directed to the intended recipients, thereby fulfilling the legislative requirements and addressing any administrative gaps that arose from the restructuring of local government entities.
Scope and Application
The Roads to Recovery Program List Instrument 2011/1 pertains to the allocation of funds under the Nation Building Program (National Land Transport) Act 2009, as specified by section 87 of the Act. This instrument applies to local government councils in Western Australia that have been allocated funds for specific projects, primarily focusing on Aboriginal access roads and bridges. The geographic reach of this legislation is limited to the state of Western Australia, where these councils are situated and where the aforementioned projects are to be executed. The instrument adjusts the initial list determined on 26 February 2009 to reflect updated information regarding the allocation of funds, particularly in light of the creation of the City of Greater Geraldton from the merger of the City of Geraldton-Greenough and the Shire of Mullewa. Furthermore, the instrument ensures that any unallocated funds are now fully allocated, with any previously unallocated funds now assigned to the new council. The application of this legislation is precise and directly impacts the financial allocations for specific infrastructure projects within the designated jurisdiction.
Key Provisions
The key provisions of the instrument involve amendments to the list of bodies that are eligible to receive Roads to Recovery funds, as determined by the Minister under section 87 of the Act. Specifically, the instrument adjusts the allocations for certain councils to account for their new responsibilities, as well as to allocate previously unallocated funds to specific projects. For example, funds initially marked as unallocated for special projects, such as Aboriginal access roads or bridges, are now allocated to specific councils undertaking these projects (s. 87). Additionally, the instrument updates the list to reflect the creation of the City of Greater Geraldton, redistributing allocations from the former City of Geraldton-Greenough and Shire of Mullewa to the new council (s. 88(1)).
The Act imposes several obligations on the Minister and relevant councils. The Minister must ensure that the list accurately reflects the current allocation of funds and the entities responsible for receiving them. This includes updating the list to account for any changes in council structures or project details. Councils, on the other hand, must ensure they meet the eligibility criteria for receiving funds and comply with any conditions attached to the funding. Furthermore, any council that ceases to exist before fully receiving its allocation must cooperate with the Minister to ensure any unutilised funds are redirected to the appropriate successor entity.
Failure to comply with the provisions of the Act can result in various consequences. While the instrument itself does not specify criminal offences or civil penalties, breaches of the Act could lead to legal action under the broader legislative framework. For instance, if a council misappropriates funds or fails to meet its obligations, it could face legal repercussions, including potential fines or sanctions. Additionally, the Minister has the authority to recover any misused funds and could take further action against the offending council or entity. The precise penalties for such breaches would be determined by the overarching legislation and any related regulations or guidelines.