Explanatory Statement – Instrument 2015/2
The Minister for Infrastructure and Regional Development approved the allocations for the new Roads to Recovery programme, to run from 1 July 2014 to 30 June 2019, on 12 September 2014 (see Roads to Recovery List 2014 Instrument No. 1).
Under s.88(3) of the National Land Transport Act 2015, the Minister may vary the Roads to Recovery List to update the name of a person or body specified in the List.
On 1 January 2015, the (Victorian) Department of Environment and Primary Industries, which was responsible for the roads on French Island, was renamed as the Department of Environment, Land, Water and Planning. The new body has responsibility for roads on French Island and the instrument updates the list to reflect the change of name of the funding recipient.
There is no change to the funding amount for the funding recipient.
Overview
The Roads to Recovery programme, established under the National Land Transport Act 2015, was enacted to address the need for improved infrastructure across Australia. The programme aims to enhance connectivity and facilitate economic growth by investing in regional and rural road projects. The Minister for Infrastructure and Regional Development is authorised to update the Roads to Recovery List, as stipulated in section 88(3) of the Act, to ensure the programme reflects current administrative changes. In January 2015, the Department of Environment and Primary Industries in Victoria was restructured and renamed as the Department of Environment, Land, Water and Planning. This change necessitated an update to the Roads to Recovery List to accurately identify the entity responsible for managing road projects on French Island, without altering the funding allocations for these projects. The policy objective of this legislative measure is to maintain the continuity and effectiveness of the Roads to Recovery programme amidst organisational changes.
Scope and Application
The Roads to Recovery List 2014 Instrument No. 1 applies to entities involved in the Roads to Recovery programme, specifically focusing on the allocation of funding for road projects within the designated timeframe. This instrument targets the funding recipient, the Department of Environment, Land, Water and Planning in Victoria, which manages roads on French Island. The instrument amends the name of the funding recipient to reflect the change from the Department of Environment and Primary Industries to the Department of Environment, Land, Water and Planning, without altering the funding amount. The scope of this instrument is confined to the state of Victoria, and it operates under the National Land Transport Act 2015. The instrument allows for the Minister's authority to update the Roads to Recovery List to ensure accuracy in identifying the funding recipients for the specified road projects. No exclusions, exemptions, or thresholds are mentioned in the explanatory statement, and the instrument itself does not indicate any extensions or restrictions beyond its stated purpose of updating the funding recipient's name.
Key Provisions
The primary operative sections of the Roads to Recovery List 2014 Instrument No. 1 (F2015L00519) relate to the administration and updating of funding allocations under the Roads to Recovery programme, as per section 88(3) of the National Land Transport Act 2015. This instrument outlines the allocation of funds from 1 July 2014 to 30 June 2019, ensuring that the correct entities receive the intended funding. Specifically, it addresses the renaming of the Department of Environment and Primary Industries to the Department of Environment, Land, Water and Planning on 1 January 2015, and updates the Roads to Recovery List to reflect this change. The funding amount for the affected roads on French Island remains unchanged despite the name alteration of the funding recipient.
The obligations imposed by this Act primarily concern the Minister for Infrastructure and Regional Development, who is tasked with ensuring that the Roads to Recovery List accurately reflects the current entities responsible for managing and maintaining the roads. The Act requires the Minister to review and update the list as necessary to align with any changes in the names or responsibilities of the relevant departments or bodies. Furthermore, the Department of Environment, Land, Water and Planning, now responsible for the roads on French Island, must ensure that it adheres to the funding guidelines and usage as stipulated in the Roads to Recovery programme.
The instrument does not explicitly detail offences or penalties for non-compliance with its provisions. However, any breach of the requirements outlined in the National Land Transport Act 2015, which this instrument supports, may lead to legal consequences. Such consequences could include administrative actions, financial penalties, or other civil or criminal sanctions as determined by the relevant authorities. The severity of these penalties would depend on the nature and extent of the breach, but they could potentially include fines or other corrective measures to ensure compliance with the legislative framework.