Explanatory Statement – Instrument 2018/2
The Minister for Infrastructure and Regional Development approved the allocations for the Roads to Recovery program, 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, Instrument 2017/2 made on 31 May 2017, Instrument No. 2017/3 made on 1 September 2017 and Instrument 2018/1 made on 6 July 2018.
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 Shire of Kalamunda to the City of Kalamunda.
The Instrument commences on 17 September 2018.
Overview
The Roads to Recovery program, enacted under the National Land Transport Act 2018, was established to address the need for improving road infrastructure across Australia, facilitating economic growth and enhancing connectivity. This program ran from 1 July 2014 to 30 June 2019 and was overseen by the Minister for Infrastructure and Regional Development. The policy objective of the Roads to Recovery program was to allocate funds effectively to regional areas, thereby supporting local economies and improving road safety and accessibility. The program's flexibility was evident through various amendments to the allocations list, reflecting the evolving needs and priorities of regional development. The latest amendment, Instrument 2018/2, which updates the name of the Shire of Kalamunda to the City of Kalamunda, demonstrates the program's responsiveness to administrative changes within local government areas.
Scope and Application
The Roads to Recovery program, as governed by the explanatory statement for Instrument 2018/2, pertains to the allocation of funds for infrastructure projects across Australia. This legislative instrument is an amendment to the original allocations approved by the Minister for Infrastructure and Regional Development, effective from 1 July 2014 to 30 June 2019. The Act applies to the specified entities within the program, particularly focusing on the Shire of Kalamunda, which has been updated to the City of Kalamunda through this amendment. The geographic reach of this Act is nationwide, as it pertains to the infrastructure projects managed under the Roads to Recovery program. The Act does not explicitly state any exclusions, exemptions, or thresholds but rather focuses on the administrative changes within the program. The application of the Act extends through various subordinate instruments that have been made over the years, with the latest amendment occurring on 17 September 2018, ensuring that the program's allocations remain current and relevant.
Key Provisions
The key operative sections of the legislation (Instrument 2018/2) relate to the approval of allocations for the Roads to Recovery program, which spans from 1 July 2014 to 30 June 2019, as initially approved by the Minister for Infrastructure and Regional Development on 12 September 2014. This program has undergone several amendments to the list of allocations, with updates noted through various instruments from 2015 to 2018. Specifically, Subsection 88(3) of the NLT Act allows for the alteration of the name of a specified body in the list, reflecting any changes such as the renaming of the Shire of Kalamunda to the City of Kalamunda. This amendment takes effect from 17 September 2018.
The Act imposes specific obligations on the Minister for Infrastructure and Regional Development. It requires the Minister to approve and periodically update the allocations for the Roads to Recovery program. This involves ensuring that the list accurately reflects the intended recipients of funding and that any changes in the status or name of entities are promptly updated. Additionally, the Act necessitates that any changes to the list, such as renaming a local government area, be documented and implemented through the appropriate legislative instruments.
Failure to comply with the requirements of the Act can lead to several consequences. Although the specific offences and penalties are not detailed in the provided text, it is understood that breaches of such legislative instruments typically carry administrative, civil, or criminal penalties. These may include fines or other sanctions as prescribed by related legislation. The exact penalties would depend on the nature and severity of the breach, as well as any additional guidelines or statutes that apply to the context of the Roads to Recovery program.