National Land Transport (Roads to Recovery List) Variation Instrument (No.1) 2025

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2025L00383 In force Legislative Instrument

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Replacement Explanatory Statement

Issued by authority of the Delegate of the Minister for Infrastructure, Transport, Regional Development and Local Government

National Land Transport Act 2014

National Land Transport (Roads to Recovery List) Variation Instrument (No. 1) 2025

 

Authority

The Instrument is made under ss 88(2A) and 88(3) of the National Land Transport Act 2014.

Purpose

The Instrument varies the National Land Transport (Roads to Recovery List) Determination 2024. The purpose of this variation is twofold: to specify the bodies that are to receive the funding specified on account of the State of Western Australia in Schedule 2, and to correct the numbering in Schedule 1.

Background

The National Land Transport (Roads to Recovery List) Determination 2024 made on 14 May 2024 specified the Commonwealth funding to be provided under the Roads to Recovery Program for the funding period of 1 July 2024 to 30 June 2029. Details of the recipients and the amounts received under the Roads to Recovery Program are contained in Schedule 1 of the Determination. Schedule 2 of the Determination provided that $45,034,055 be specified on account of the State of Western Australia for special projects (bridgeworks and Aboriginal access roads), where the person or bodies that are to receive the amount were not yet decided.

Summary of the National Land Transport (Roads to Recovery List) Variation Instrument (No. 1) 2025

The numbering of items 1-4 in Schedule 1 has been varied so that the items now appear in sequential order.

The amounts in items 5-33 inclusive in Schedule 1 have been varied to reflect the direction of payments to the relevant persons or bodies from the amount in Schedule 2.

The amount in schedule 2 has been varied to zero dollars to reflect that the person or bodies to receive that amount have been decided and the money directed to them as provided in the variations to items 5-33.

The National Land Transport (Roads to Recovery List) Variation Instrument (No. 1) 2025 is a legislative instrument for the purposes of the Legislation Act 2003, but is exempt from disallowance under s 88(5) of the National Land Transport Act 2014.

The National Land Transport (Roads to Recovery List) Variation Instrument (No. 1) 2025 commences the day after it is registered.

 

 

Consultation

In relation to the National Land Transport (Roads to Recovery List) Determination 2024, between January and May 2024, the then Department of Infrastructure, Transport, Regional Development, Communications and the Arts consulted with local government associations, State and Territory Local Government Grants Commissions, and Government departments. Comment was invited by survey, workshop, and email. The department received more than 200 responses to the survey. The majority of responses expressed support for the existing model of funding distribution. Some feedback was provided, considered and subsequently the instrument distributed funding in the same way as the prior funding period, with a positive impact on stakeholders given a universal percentage funding increase.

The amount in Schedule 2 of the National Land Transport (Roads to Recovery List) Determination 2024 had been set aside to enable the Government of Western Australia (WA) to provide information at a later date about the Aboriginal Access Road and Bridge works which were to receive the funding.

Since 2001, as part of the funding distribution, seven per cent of WA’s share of funding is set aside to fund special projects for the construction and maintenance of Bridge and Aboriginal Access Road works. Bridge projects nominated to utilise set aside funding are identified through the Western Australian Local Government Grants Commission’s (the Commission) Bridge Committee. This Committee consists of representatives of the Western Australian Local Government Association (WALGA), Main Roads WA and the Commission. Aboriginal Access Roads nominated for the balance of this set aside funding are identified through the Commission’s Aboriginal Access Roads Committee. This Committee is made of representatives of the National Indigenous Australians Agency, the WA Department of Planning, Lands and Heritage, the WA Department of Communities, the WA Department of Local Government, Sport and Cultural Industries, Main Roads WA, WALGA and the Commission. Projects are proposed to the relevant Committee which is responsible for selecting projects to use the set aside funds. Successful projects are then endorsed by the Minister for Infrastructure, Transport, Regional Development and Local Government upon advice by the Western Australian Minister for Local Government.

The above arrangements, including the proportion of money set aside, the process through which projects are nominated and selected as successful for funding, is well understood and accepted by the State and local governments of Western Australia.

Noting the original consultation undertaken in January to May 2024, and the process undertaken by the WA Government on the projects to be funded by the set aside funding, it was considered to be sufficient consultation and no further consultation was pursued.

No consultation was determined to be required regarding the remedying of the minor administrative error as the remedy did not affect the amount of funding prescribed in the original instrument to the relevant funding recipients, it only corrected the number sequencing of the items in the list.

 

Overview

The National Land Transport (Roads to Recovery List) Variation Instrument (No. 1) 2025 was enacted to address specific administrative corrections and funding allocations within the Roads to Recovery Program, as established under the National Land Transport Act 2014. This instrument, made under sections 88(2A) and 88(3) of the Act, aims to specify the bodies that are to receive funding allocated to Western Australia for special projects, namely bridgeworks and Aboriginal access roads, and to correct the numbering in the list of funding recipients. The purpose of this variation is to ensure accurate and orderly allocation of funds, while correcting a minor administrative error in the previous determination. The instrument is exempt from disallowance under section 88(5) of the National Land Transport Act 2014 and comes into effect the day after it is registered. This legislative update follows consultations with various stakeholders, including local government associations and state government departments, which took place between January and May 2024, ensuring that the changes align with the established funding model and processes.

Scope and Application

The National Land Transport (Roads to Recovery List) Variation Instrument (No. 1) 2025 applies to the entities and individuals who are recipients of funding under the Roads to Recovery Program, specifically in relation to the State of Western Australia. The Instrument modifies the National Land Transport (Roads to Recovery List) Determination 2024 to ensure the correct distribution of funds as well as to rectify administrative errors. Geographically, this Act operates within the Commonwealth jurisdiction, impacting entities in the state of Western Australia. The Instrument specifies the recipients of the funding previously allocated for special projects, including bridgeworks and Aboriginal access roads, and corrects the item numbering in the schedules of the Determination. The variation does not introduce new exclusions or exemptions but corrects the original allocation to ensure funds are directed to the intended recipients. This Instrument is made under the authority of sections 88(2A) and 88(3) of the National Land Transport Act 2014 and is exempt from disallowance under section 88(5) of that Act. The changes outlined in the Instrument are effective from the day after its registration.

Key Provisions

The National Land Transport (Roads to Recovery List) Variation Instrument (No. 1) 2025 (the Instrument) primarily amends the National Land Transport (Roads to Recovery List) Determination 2024. Section 88(2A) and 88(3) of the National Land Transport Act 2014 empower the creation of this Instrument, which varies the original determination to correct certain errors and clarify funding allocations. The changes involve renumbering items 1-4 in Schedule 1 to ensure they are in sequential order, adjusting the amounts in items 5-33 to reflect payments directed to specific recipients from the funds initially allocated to Western Australia, and reducing the amount in Schedule 2 to zero, indicating that the previously unallocated funds have now been assigned to the relevant recipients. The Instrument imposes specific obligations on the parties involved, particularly focusing on the transparent and accurate allocation of funds under the Roads to Recovery Program. It mandates that the bodies specified in Schedule 1 receive their allocated funding amounts correctly and ensures that the funds previously set aside for Western Australia are now directed to the appropriate recipients. Furthermore, the Instrument requires the responsible government bodies to ensure that the funds are used for the intended special projects, such as bridgeworks and Aboriginal access roads, as per the established procedures. There are no specific offences, penalties, or consequences outlined within the Instrument itself, as it is primarily an administrative correction. However, the National Land Transport Act 2014 and related legislation would apply to any breaches of funding guidelines or misuse of allocated funds. In such cases, the penalties could include financial penalties, recovery of misused funds, or other administrative actions as prescribed by the Act. The Act may also permit legal proceedings to be taken against entities that fail to comply with the funding requirements, with potential fines or other sanctions as determined by a court.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.