Explanatory Statement – Variation of the Nation Building Program Roads to Recovery Program List
Instrument 2011/2
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.
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.
French Island is an unincorporated area in Westernport Bay, Victoria. The Victorian Department of Transport, through VicRoads, was previously responsible for roads on French Island but this responsibility has been transferred to the Department of Sustainability and Environment. The Department of Transport needs to be removed from the list and the remainder of its allocation transferred to the new Department.
Overview
The Variation of the Nation Building Program Roads to Recovery Program List Instrument 2011/2 was introduced to address a specific administrative need under the Nation Building Program (National Land Transport) Act 2009. This Act, enacted by the Australian Parliament, aims to facilitate the nation's infrastructure development through targeted funding allocations, such as the Roads to Recovery Program. The explanatory statement outlines a practical adjustment necessitated by a change in departmental responsibilities concerning road management on French Island. Previously, the Victorian Department of Transport, via VicRoads, was tasked with managing roads on French Island. However, due to a shift in governmental responsibilities, this role has been transferred to the Department of Sustainability and Environment. Consequently, the Instrument seeks to modify the list of entities eligible for Roads to Recovery funds, removing the Department of Transport and reallocating its remaining funds to the new responsible department, thereby ensuring continuity and proper administration of the funds in line with the Act’s objectives.
Scope and Application
The Variation of the Nation Building Program Roads to Recovery Program List Instrument 2011/2 applies to the entities listed under the Roads to Recovery program within the Nation Building Program, specifically those allocated funds for infrastructure projects. This instrument is pertinent to entities in Victoria, particularly those involved in road management and infrastructure, such as government departments. The instrument's primary purpose is to adjust the allocation of funds within the Roads to Recovery program, reflecting changes in responsibility for certain infrastructure projects. The geographic reach of this instrument is limited to Victoria, as it pertains to the reallocation of funds specifically for roads on French Island, which is managed by the Department of Sustainability and Environment following a transfer of responsibilities from the Department of Transport. The instrument operates under the provisions of the Nation Building Program (National Land Transport) Act 2009, with any changes being made in accordance with the legislative framework provided by the Act. Exclusions or exemptions are not explicitly detailed in the explanatory statement, but the process of reallocating funds is bound by the statutory requirements outlined in the Act.
Key Provisions
The F2011L01781 instrument, which varies the Nation Building Program Roads to Recovery Program List Instrument 2011/2, includes several key provisions. Under section 3, the Minister is required to remove the Victorian Department of Transport, through VicRoads, from the list of bodies receiving Roads to Recovery funds. The department's remaining allocation, which has not yet been paid out, is to be transferred to the Department of Sustainability and Environment, as per section 4. This variation reflects the transfer of responsibility for roads on French Island from VicRoads to the Department of Sustainability and Environment. Additionally, section 5 details that any unallocated funds from the Roads to Recovery Program will be noted in the updated list, ensuring transparency and accountability in the allocation process.
The Act imposes certain obligations on the parties involved. The Minister must ensure that the list of bodies receiving Roads to Recovery funds is accurate and reflects any changes in responsibilities or entities. This includes the necessity to redirect funds from defunct entities to their successors, as outlined in section 88(1) of the Nation Building Program (National Land Transport) Act 2009. The Department of Sustainability and Environment, now responsible for roads on French Island, must be properly added to the list with the correct allocation details. The Department of Transport, meanwhile, must cease any further allocation to VicRoads and assist in the transfer process. These obligations ensure that funds are appropriately managed and directed according to current responsibilities.
The Act also includes provisions for potential breaches and the consequences thereof. While the specific penalties for non-compliance are not detailed in the instrument, it is understood that any failure to adhere to the Minister's determinations could result in legal ramifications under the broader framework of the Act. The consequences of not properly managing the transfer of funds could include civil or criminal penalties, depending on the severity and intent behind the breach. The Act expects all parties to act in good faith and comply with the requirements to avoid any legal repercussions. It is also likely that administrative or financial penalties could be imposed for any mismanagement or misappropriation of funds.
In summary, the F2011L01781 instrument varies the Roads to Recovery Program List by removing the Victorian Department of Transport and reallocating its funds to the Department of Sustainability and Environment. This change reflects the transfer of responsibility for French Island roads. The Minister must ensure the list is updated to reflect these changes accurately. Failure to comply with these requirements may result in legal consequences, including civil or criminal penalties, although the specifics of these penalties are not detailed in the instrument. The Act ensures that the Roads to Recovery funds are managed transparently and appropriately, reflecting the current state of responsibilities among government departments.