Roads to Recovery List 2014 Variation Instrument No. 2017/1.

Overview

The Roads to Recovery programme, approved by the Minister for Infrastructure and Regional Development, was enacted to provide financial support for special projects in Western Australia, particularly focusing on bridge works and Indigenous access roads, to enhance regional infrastructure and connectivity. The programme, running from 1 July 2014 to 30 June 2019, was designed to address the unique infrastructural needs of Western Australia, as identified by the Western Australian Local Government Grants Commission, in collaboration with the Western Australian Local Government Association and Main Roads WA. This initiative aims to facilitate economic growth and improve access for Indigenous communities by improving road infrastructure, thereby achieving the overarching policy objective of regional development and connectivity. The allocations for these special projects were initially set forth in the Roads to Recovery List 2014 Instrument No. 1, with an initial funding of $21,504,000, later increased to $32,826,000 with the re-introduction of the fuel excise. The current instrument, 2017/1, amends the list to allocate the remaining balance of $16,100,667 to ensure that the programme can achieve its intended outcomes effectively. This allocation is intended to complete the funding for the identified projects, ensuring the completion and maintenance of essential infrastructure in Western Australia.

Scope and Application

The Roads to Recovery programme, as detailed in the F2017L00340 Instrument, applies specifically to projects in Western Australia aimed at improving infrastructure, particularly bridges and Indigenous access roads. This legislation, which extends from 1 July 2014 to 30 June 2019, provides a total funding allocation of $32,826,000 for these special projects. The projects are overseen by the Western Australian Local Government Grants Commission, in collaboration with the Western Australian Local Government Association and Main Roads WA, and are ultimately managed by the Western Australian Minister for Local Government. This instrument ensures that the funding is appropriately allocated to the identified projects, reflecting the specific needs and priorities of Western Australia in terms of infrastructure development. The scope of this legislation is confined to the state of Western Australia, with no provisions for application in other states or territories.

Key Provisions

The primary operative sections of the Roads to Recovery programme, as detailed in the Explanatory Statement, are found within Instrument 2017/1. Section 3 of the Instrument outlines the allocation of funds, specifically $21,504,000 for special projects in Western Australia, with an additional $11,322,000 re-introduced from the fuel excise, making the total available for special projects $32,826,000. This allocation is intended for bridge works and Indigenous access roads, which are unique to Western Australia. Section 4 provides the process by which the Western Australian Local Government Grants Commission, in consultation with the Western Australian Local Government Association and Main Roads WA, prepares the lists of projects for funding. The lists are ultimately provided by the Western Australian Minister for Local Government. The Act imposes several obligations and requirements on the parties involved. Firstly, it requires the Western Australian Local Government Grants Commission to prepare complete lists of projects for funding under the Indigenous access roads and bridge works components of the programme. These lists must be prepared in consultation with the Western Australian Local Government Association and Main Roads WA, ensuring that the projects are viable and meet the programme’s objectives. Secondly, the Western Australian Minister for Local Government is responsible for providing these complete lists to the Minister for Infrastructure and Regional Development. The Minister, in turn, is responsible for approving these allocations, as outlined in Section 3 of Instrument 2017/1. These obligations ensure that the funding is directed towards projects that will deliver tangible benefits to the community. In terms of consequences for breach, the Explanatory Statement does not explicitly outline specific offences or penalties within the text. However, it is implied that any failure to comply with the obligations and requirements set out in the Act could result in the misallocation of funds and potential legal repercussions. Although not explicitly stated, breaches of such legislative instruments can often lead to civil or administrative penalties, depending on the severity and intent behind the breach. It is also possible that any misallocation of funds could lead to further scrutiny or audits by the relevant authorities, ensuring that the funds are used as intended. The maximum penalties for breaches of similar legislative instruments can vary significantly, often depending on the jurisdiction and the nature of the breach. In general, civil penalties can range from fines to compensation orders, while criminal penalties may include imprisonment and substantial fines. However, without specific references to penalties in the Explanatory Statement, it is difficult to provide precise figures. It is important to note that any breaches of legislative requirements could also result in reputational damage and loss of public trust, which can have long-term implications for the involved parties.