Explanatory Statement – Instrument 2016/1
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. The list was amended by Instrument No. 2015/1 made on 24 March 2015, Instrument No. 2015/2 made on 2 April 2015 and Instrument No. 2015/3 made on 12 August 2015.
Section 88(1) of the National Land Transport Act 2014 (the Act), allows the Minister to vary the Roads to Recovery List where a funding recipient specified in the Roads to Recovery List ceases to exist before receiving its full allocation, and to redirect some or all of the remaining funds to another funding recipient or to one or more funding recipients.
Additionally, Section 88(3) of the Act allows the Minister to vary the Roads to Recovery List to correct an error or update the name of the funding recipient.
On 12 May 2016 the New South Wales Government created 19 new councils as part of its Stronger Councils / Stronger Communities initiative resulting in the abolition and merger of 41 councils including the Parramatta City Council being renamed as the City of Parramatta Council.
Additionally, after years of negotiating the Shire of Narrogin and the Town of Narrogin in Western Australia agreed to merge resulting in the former Shire of Narrogin being abolished and the Town of Narrogin being renamed Shire of Narrogin with effect from 1 July 2016.
This instrument amends the funding amount for the abolished councils, inserts the names of the new councils and redirects the balance of the funding amounts for the abolished councils to each new council as appropriate. The instrument also updates the name of the other funding recipients impacted by the changes.
The instrument commences on 1 August 2016 to enable payments claimed by the newly created councils to commence after that date.
Overview
The National Land Transport Act 2014, enacted by the Australian Parliament, aims to ensure the effective and efficient management of road infrastructure funding across the nation. This Act allows for the establishment of programmes such as the Roads to Recovery, which provides financial assistance to support regional road infrastructure projects. One of the key issues addressed by this legislation is the need for flexibility in the allocation of funds when changes in local government structures occur, such as mergers or name changes. This is particularly relevant in the context of regional development initiatives that aim to bolster community resilience and connectivity. The policy objective behind the Act is to facilitate the redirection of funds to ensure continuity in infrastructure support, despite administrative changes at the local government level. The instrument approved by the Minister for Infrastructure and Regional Development on 12 May 2016, and taking effect from 1 August 2016, is designed to adjust funding allocations in response to significant local government restructuring in New South Wales and Western Australia, thereby maintaining the integrity of the Roads to Recovery programme.
Scope and Application
The National Land Transport Act 2014 applies to the allocation and distribution of funding under the Roads to Recovery programme, which is a Commonwealth initiative designed to support regional and local infrastructure projects across Australia. The Act specifically empowers the Minister for Infrastructure and Regional Development to adjust funding allocations as necessary, such as when councils are merged, abolished, or otherwise restructured. This authority is exercised to ensure that funds are redirected to the appropriate entities, maintaining the programme’s integrity and objectives. The Act’s jurisdiction spans the entire nation, thereby impacting various state and territory governments and their local councils. However, the Act does not specify exclusions or exemptions for certain entities or projects; instead, it broadly applies to all eligible projects within the scope of the Roads to Recovery programme. The application of the Act is further extended through subordinate instruments that amend the Roads to Recovery List to reflect changes in council structures and to correct any errors in the allocation of funds. These instruments ensure the programme adapts to administrative changes at the local government level, thus maintaining the effectiveness of funding distribution.
Key Provisions
The primary sections of this instrument are Section 88(1) and Section 88(3) of the National Land Transport Act 2014. Section 88(1) allows the Minister to adjust the Roads to Recovery List if a funding recipient specified in the list ceases to exist before receiving its full allocation, permitting the redirection of remaining funds to another recipient or recipients. Section 88(3) empowers the Minister to amend the list to correct errors or update the name of a funding recipient. The instrument resulting from this approval modifies the funding allocations for the Roads to Recovery programme, reflecting changes in council names and structures, and redirects the funding accordingly.
The obligations and requirements imposed by this instrument include ensuring that funding is appropriately redirected to new or amended entities as a result of council mergers and name changes. The instrument mandates that any remaining funds allocated to councils that have ceased to exist are to be transferred to the newly formed or renamed councils. Additionally, the instrument requires that any funding recipients impacted by these changes must have their names updated in the Roads to Recovery List to reflect the new administrative structures accurately.
There are no specific offences or penalties mentioned in this instrument. However, it is implied that failure to comply with the instrument's provisions, such as not redirecting funds or updating names as required, could lead to administrative issues or potential legal consequences. While the instrument itself does not detail penalties, the overarching Act may include provisions for non-compliance, which could encompass civil or administrative penalties. The exact nature and extent of these penalties would be governed by the broader legislative framework of the National Land Transport Act 2014.