Explanatory Statement – Variation of the Nation Building Program Roads to Recovery Program List
Instrument 2012/1
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.
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.
The Roads and Traffic Authority (RTA) was responsible for the roads in the unincorporated area of western NSW until its abolition on 26 October 2011. A new body, Roads and Maritime Services (RMS), now has this responsibility. The RTA needs to be removed from the list and the remainder of its allocation transferred to RMS.
Overview
The Variation of the Nation Building Program Roads to Recovery Program List Instrument 2012/1 was enacted to address the need to update the allocation of Roads to Recovery funds following the abolition of the Roads and Traffic Authority (RTA) and the establishment of Roads and Maritime Services (RMS). This instrument was introduced under section 87 of the Nation Building Program (National Land Transport) Act 2009, with the objective of ensuring that any unallocated funds from the RTA are redirected to RMS, which now holds responsibility for the roads in the unincorporated area of western New South Wales. This change was necessitated by the cessation of the RTA on 26 October 2011 and the subsequent assumption of its duties by RMS. The instrument was enacted by the Minister, aligning with the policy objective of efficiently managing and reallocating government resources to maintain the continuity of infrastructure funding and support.
Scope and Application
The Roads to Recovery Program List Instrument 2012/1 applies to entities that have been designated to receive funds under the Nation Building Program (National Land Transport) Act 2009, specifically within the Roads to Recovery program. This legislation provides for the transfer of funds from the abolished Roads and Traffic Authority (RTA) to its successor, the Roads and Maritime Services (RMS), ensuring continuity in the allocation of government support for road infrastructure in the unincorporated area of western New South Wales. The Act applies to the transfer of undistributed funds from the RTA to the RMS following the abolition of the former on 26 October 2011, as per the provisions outlined in section 88 of the Act. The instrument’s jurisdictional reach is confined to the Commonwealth, specifically addressing the reallocation of funds within the context of national land transport infrastructure. There are no stated exclusions, exemptions, or thresholds in this particular instrument, and its application is directly tied to the statutory provisions of the Nation Building Program (National Land Transport) Act 2009. The Act's scope is limited to the redirection of funds as necessitated by changes in administrative bodies responsible for roads management.
Key Provisions
The key provisions of the instrument, which is a variation to the Nation Building Program Roads to Recovery Program List, are set out in section 4, which specifies the variation of the list to remove the Roads and Traffic Authority (RTA) and transfer its allocation to Roads and Maritime Services (RMS). Section 3 defines key terms such as "allocation" and "precursor body," which are essential for understanding the changes. Under section 87 of the Act, the Minister is required to determine a list of bodies to receive Roads to Recovery funds and their respective allocations, as well as any unallocated funds. This list was initially established on 26 February 2009, and any changes must be made in accordance with the Act.
The obligations imposed by this Act on the Minister and other parties include the duty to determine the list of bodies and their allocations, and to make any necessary variations when a listed body ceases to exist. Specifically, section 88(1) of the Act allows the Minister to redirect any part of the allocation of a precursor body to the entity that takes over its responsibilities, provided the precursor body has not received its full allocation before it ceases to exist. In this case, since the RTA ceased to exist before receiving its full allocation, the Minister is required to transfer any unutilised funds to RMS, which has assumed the RTA’s responsibilities. This ensures that the funds intended for infrastructure and recovery initiatives continue to be effectively utilised.
The Act also outlines the consequences of non-compliance or breaches. While the specific penalties for breaches are not detailed in the explanatory statement, the Act itself may provide for penalties under other sections. Typically, breaches of such legislative instruments could lead to civil or criminal penalties, depending on the severity and intent behind the breach. For instance, failure to comply with the Act’s requirements could result in legal action, fines, or other administrative penalties. The exact penalties would be in line with the provisions of the Act and any applicable regulations or subsidiary legislation.