EXPLANATORY STATEMENT – INSTRUMENT 2015/3
Issued by Authority of the Minister for Infrastructure and Regional Development
Subject - National Land Transport Act 2014
Roads to Recovery List 2014
Allocations for the Roads to Recovery Programme, to run from 1 July 2014 to 30 June 2019, were determined on 12 September 2014 (see Roads to Recovery List 2014 Instrument No. 1).
Under s.88(2B) of the National Land Transport Act 2014, the List may be varied to increase an amount specified for a person or body in the List.
On 23 June 2015 the Australian Government announced that it will provide an additional $1.105 billion for the Roads to Recovery Programme over the next two years. This instrument increases the allocation for each body in the List by their share of the June 2015 additional funding.
The additional funding has been allocated using the same splits between states and territories and unincorporated areas as was used in determining the allocations in the original list and the increases for individual councils are based on the recommendations of the relevant local government grants commission for the 2014‑15 roads component of the Financial Assistance Grants. This is the same formula used for the allocations in the original List.
The instrument commences on 30 September 2015 with payments from the June 2015 additional funding to commence from November 2015.
Authority: Subsection 88(2B) of the
National Land Transport Act 2014
Overview
The National Land Transport Act 2014 was enacted to provide a legislative framework for national land transport infrastructure, particularly focusing on road transport, with the aim of ensuring efficient and safe transport networks across Australia. The Act facilitates the development and maintenance of roads and other transport infrastructure by establishing programs and mechanisms for funding allocation and project implementation. The Roads to Recovery Programme, a key initiative under this Act, was designed to address gaps in road infrastructure funding and to stimulate economic recovery through targeted infrastructure investments. The Australian Government, through the Minister for Infrastructure and Regional Development, introduced this legislation to enhance the nation's transport capabilities and support regional development. The policy objective is to ensure that critical infrastructure projects receive adequate funding to improve connectivity and economic outcomes across the country.
Scope and Application
The Roads to Recovery List 2014 Instrument No. 2, issued under the National Land Transport Act 2014, pertains to the allocation of additional funds for the Roads to Recovery Programme, extending from 1 July 2014 to 30 June 2019. This instrument applies to various entities including state and territory governments, as well as local councils, which are specified in the original Roads to Recovery List determined on 12 September 2014. The additional funding announced on 23 June 2015, amounting to $1.105 billion, has been distributed among these entities based on their respective shares, using the same methodology as the initial allocations. The instrument, which comes into effect on 30 September 2015, allows for the variation of allocations specified in the original list to reflect the new funding. It is noteworthy that the additional payments stemming from this funding will commence from November 2015. The allocation increases are determined by the recommendations of local government grants commissions, maintaining consistency with the original formula used for the allocations.
Key Provisions
The Roads to Recovery List 2014 Instrument No. 2 (2015) primarily revises the allocations for the Roads to Recovery Programme, as detailed under Section 88(2B) of the National Land Transport Act 2014. This legislative instrument adjusts the funding allocations for various entities listed in the original Roads to Recovery List 2014, which was established to run from 1 July 2014 to 30 June 2019. The revisions follow the announcement on 23 June 2015 of an additional $1.105 billion for the Programme over the next two years. These changes are implemented to reflect the new funding by increasing each entity's allocation by their respective share of the additional funding. The adjustments are based on the same formula used in the original allocations, maintaining consistency in the distribution methodology.
Entities governed by this Act are required to adhere to the updated funding allocations as stipulated in the revised instrument. The updated allocations are determined by the same splits between states and territories and unincorporated areas that were used in the original allocation process, ensuring a uniform approach to funding distribution. Furthermore, individual council increases are grounded in the recommendations of the relevant local government grants commission for the 2014-15 roads component of the Financial Assistance Grants. This systematic approach ensures that the additional funding is allocated in a fair and transparent manner, reflecting the original criteria and recommendations.
Breaches of the provisions outlined in this instrument may result in civil or criminal consequences, although specific offences and penalties are not detailed within the text of this explanatory statement. However, under the National Land Transport Act 2014, penalties for non-compliance with transport-related legislation can include fines and other sanctions as prescribed by law. The precise penalties for breaches of this instrument would be determined based on the specific nature of the breach and the relevant legal framework. Nevertheless, adherence to the updated funding allocations is crucial for all entities involved to ensure the proper implementation and continuation of the Roads to Recovery Programme.