National Land Transport Network Variation 2014 (No.1)
Explanatory Statement
Issued by the authority of the Minister for Infrastructure and Regional Development
October 2014
- legislative context
Section 5 of the National Land Transport Act 2014 (the Act) requires that the Minister for Infrastructure and Regional Development determine a National Land Transport Network (the Network). The principal purpose of determining the Network is to establish the roads and railways (existing or proposed) on which projects can be approved for funding under Part 3 of the Act.
Section 6 of the Act allows the Minister to vary the Network as long as the variation, once made, accords with the requirements outlined in section 5 of the Act.
The name of the determination will also be updated to reflect the new name of the Act, which came into effect on 10 October 2014.
2. content and effect of Variation 4
2.1. Overview of the Network
The underpinning rationale for shaping the Network is connectivity. The criteria outlined in section 5 of the Act emphasise the connectivity between capital cities and/or major centres of commercial activity or an inter-modal transfer facility.
The Network includes:
- rail links, because with the prospective increase in freight demand Australia needs a high-performing rail system to take some of the load off roads;
- urban links to ports, airports and other intermodal facilities in order to deliver productivity growth and relieve the links to ports, airports and terminals; and
- major inter-regional links that are nationally important for increasing economic growth.
2.2. Network Update
The Network has been updated to include major new road and rail links completed, underway or proposed, including the Inland Rail in Victoria, NSW and Queensland and:
Western Australia
Perth Freight Link, North Link WA, Tonkin Highway extension and the Kalgoorlie to Esperance Rail line;
Victoria
East West Link, on and off ramps for the West Gate Freeway, Footscray Road, CityLink and the alternative Calder Highway route;
New South Wales
WestConnex, NorthConnex, the proposed Motorway between the M7 and The Northern Road in NSW, extensions to the Hunter Valley rail network and rail links to the proposed Moorebank Intermodal Terminal;
Queensland
The Toowoomba Second Road Crossing, extension of the Gateway Motorway to the Logan Motorway, the Logan Motorway between the Ipswich Motorway and the Gateway Motorway, Bruce Highway from Brisbane to Cairns, the rail line between Townsville and Cairns and the rail line from Yeerongpilly to Roma Street via Corinda.
A number of minor administrative and grammatical changes have also been made to reflect updated names and descriptions of road and rail infrastructure.
3. best practice regulation
3.1. Regulatory Assessment
This instrument does not involve any regulatory or quasi-regulatory measures. Self-assessment using the Best Practice Regulation Preliminary Assessment checklist has confirmed no further regulatory assessment is required.
4. CONSULTATION
In updating the Network consultation has been undertaken with States, Territories and key stakeholders such as the Australian Logistics Council, the Australasian Railway Association and the Australian Rail Track Corporation.
Overview
The National Land Transport Network Variation 2014 (No.1) was enacted to update the National Land Transport Network in accordance with the National Land Transport Act 2014. This Act, introduced by the Australian Parliament, mandates the Minister for Infrastructure and Regional Development to determine a national network of roads and railways that qualify for funding under Part 3 of the Act. The primary objective of this legislation is to enhance connectivity between capital cities and major commercial centres, as well as to support inter-modal transfer facilities. By incorporating new and proposed road and rail links, the variation aims to address infrastructure gaps and accommodate the expected rise in freight demand, ultimately fostering economic growth and productivity. The variation process involved consultations with states, territories, and key stakeholders to ensure the network's alignment with current and future transport needs.
Scope and Application
The National Land Transport Network Variation 2014 (No.1) applies to the determination of the National Land Transport Network as outlined under the National Land Transport Act 2014, which is administered by the Minister for Infrastructure and Regional Development. This Act governs the inclusion and exclusion of roads and railways within the Network, which is essential for the approval of funding for projects under Part 3 of the Act. The Variation primarily focuses on updating the Network to include newly completed, ongoing, or proposed major road and rail links across various states, ensuring they align with the criteria of connectivity between capital cities, major commercial centres, and inter-modal transfer facilities. The geographic reach of the Act is national, encompassing all states and territories of Australia, with specific updates affecting infrastructure in Western Australia, Victoria, New South Wales, and Queensland. There are no stated exclusions or exemptions within the Variation itself, but the Act outlines specific criteria for what qualifies as part of the Network. The Act may extend its application through subordinate instruments, but the current Variation does not detail any such extensions or restrictions.
Key Provisions
The main operative sections of the National Land Transport Network Variation 2014 (No. 1) (the Variation) revolve around the updating of the National Land Transport Network (the Network) as required by section 6 of the National Land Transport Act 2014 (the Act). The Variation includes new roads and rail links that have been completed, are underway, or are proposed, such as the Inland Rail project in Victoria, New South Wales, and Queensland, and various other significant links across different states (section 2.2). These updates are intended to improve connectivity, enhance economic growth, and accommodate increased freight demand.
The Act imposes specific obligations on the Minister for Infrastructure and Regional Development. The Minister must determine a Network that emphasises connectivity between capital cities, major commercial centres, and intermodal transfer facilities, as outlined in section 5 of the Act. Additionally, the Minister must ensure that any variation of the Network, as detailed in section 6, adheres to the criteria set out in section 5. The Variation also reflects administrative and grammatical updates to align with the new name of the Act, which became effective on 10 October 2014.
In terms of consequences for non-compliance, the explanatory statement does not explicitly mention specific offences, penalties, or legal consequences for breach of the provisions within the Variation. However, given that the Variation is a legislative instrument updating the Network, failure to adhere to the updated criteria or to the legislative requirements could potentially lead to disputes or legal challenges regarding the eligibility of projects for funding under Part 3 of the Act. The Act itself might impose indirect consequences if projects do not align with the updated Network, potentially affecting their funding approvals or project validity.
The consultation process undertaken for this Variation involved engaging with states, territories, and key stakeholders such as the Australian Logistics Council, the Australasian Railway Association, and the Australian Rail Track Corporation. This collaborative approach ensures that the updated Network reflects a broad range of perspectives and needs, aiming to enhance the overall efficiency and connectivity of Australia's land transport infrastructure. The thorough consultation process helps in aligning the Network with practical and strategic objectives, ensuring it meets the demands of various stakeholders effectively.