Explanatory Statement – Instrument 2017/3
The Minister for Infrastructure and Regional Development approved the allocations for the 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, Instrument No. 2015/3 made on 12 August 2015, Instrument No. 2016/1 made on 12 July 2016, Instrument No. 2016/2 made on 31 August 2016, Instrument No. 2016/3 made on 14 October 2016, Instrument No. 2017/1 made on 20 March 2017 and Instrument 2017/2 made on 31 May 2017.
Subsection 88(3) of the NLT Act allows the Minister to vary the List to update the name of a body specified in the List.
This Instrument changes the name of the District Council of the Copper Coast to the Copper Coast Council.
The Instrument commences on 30 September 2017.
Overview
The Infrastructure and Regional Development (Roads to Recovery Program) Instrument 2017/3, approved by the Minister for Infrastructure and Regional Development on 12 September 2014, updates the allocations for the Roads to Recovery program, which runs from 1 July 2014 to 30 June 2019. The program was established under the National Land Transport Act 2013 (Cth) to support the development and maintenance of roads in regional areas, addressing infrastructure gaps and improving connectivity. The explanatory statement indicates that the instrument serves to correct the name of the District Council of the Copper Coast to the Copper Coast Council, reflecting changes in local government structures. This update aligns with the policy objective of ensuring that the Roads to Recovery program accurately identifies and supports the relevant local councils in their infrastructure initiatives.
Scope and Application
The Roads to Recovery programme, overseen by the Minister for Infrastructure and Regional Development, establishes funding allocations from 1 July 2014 to 30 June 2019 under the National Land Transport (NLT) Act. The allocations were initially approved on 12 September 2014 and have since been amended through a series of instruments to update the list of specified entities eligible for funding. This legislative framework applies to local government entities, specifically councils, within Australia, and their applications for funding under the Roads to Recovery programme. The amendments to the list, including the renaming of the District Council of the Copper Coast to the Copper Coast Council, are made under subsection 88(3) of the NLT Act and are effective from 30 September 2017. These amendments ensure that the list of eligible entities remains current and accurately reflects the names of the councils involved in the funding programme.
Key Provisions
The key operative sections of this legislation, specifically Instrument 2017/3, are those that deal with the amendment of the Roads to Recovery programme allocations. Section 88(3) of the NLT Act is particularly relevant as it provides the legal basis for the Minister to update the list of bodies eligible for funding under the programme. This instrument, which came into effect on 30 September 2017, specifically addresses the change of name from the District Council of the Copper Coast to the Copper Coast Council. This change is important as it ensures that the correct entity is recognised for the purposes of receiving funding under the programme.
The Act imposes several obligations on the parties involved. Primarily, it mandates that the Minister for Infrastructure and Regional Development ensures that the allocations for the Roads to Recovery programme are kept up to date. This includes the responsibility of amending the list of eligible bodies when necessary. In this case, the Minister has exercised this authority by changing the name of the District Council of the Copper Coast to the Copper Coast Council, ensuring continuity in the administration of the programme.
Failure to comply with the provisions of the Act could lead to various consequences. While the specific civil or criminal penalties are not detailed in the text, non-compliance with legislative requirements can generally result in enforcement actions, which may include fines, legal proceedings, or other sanctions. The exact penalties would depend on the nature and severity of the breach, as well as the specific laws under which enforcement is sought.
In summary, the legislation in question primarily serves to update the list of eligible bodies for the Roads to Recovery programme, ensuring that the Copper Coast Council is correctly identified as the recipient of programme funds. The obligations of the Minister are to maintain and update this list as necessary, ensuring that the programme can continue to operate effectively. While specific penalties for non-compliance are not detailed, the general consequences of failing to adhere to legislative requirements can be significant.