EXPLANATORY STATEMENT – INSTRUMENT 2019/4
The Minister for Infrastructure, Transport, Cities and Regional Development determined allocations for the Roads to Recovery Program, to run from 1 July 2019 to 30 June 2024, on 31 October 2018 (see Roads to Recovery List 2019). The list was amended by Instrument No. 2019/2 on 1 July 2019 and Instrument No. 2019/3 on 29 July 2019.
In that List, at Schedule 2, is $25,588,063 for Western Australia. Western Australia has now provided a list of projects for funding under the Indigenous access roads and bridges components of the program totalling $23,189,485 which is reflected in this instrument.
The project lists are prepared by the Western Australian Local Government Grants Commission (WALGGC), in consultation with the Western Australian Local Government Association and Main Roads WA, and are provided by the Western Australian Minister for Local Government; Heritage; Culture and the Arts.
Instrument 2019/4 amends the list to allocate $23,189,485 of the available funds to various councils, leaving $2,398,578 still to be allocated.
The remainder of the funding will be allocated once new projects have been determined by WALGGC.
The Instrument commences on the day after registration.
Overview
The Roads to Recovery Program Instrument 2019/4, enacted in 2019, was introduced by the Minister for Infrastructure, Transport, Cities and Regional Development to address funding allocations for infrastructure projects within the program. The Roads to Recovery Program is designed to facilitate infrastructure development across various regions in Australia, specifically targeting roads, access roads, and bridges, with a focus on improving connectivity and access for communities. This legislative instrument amends the initial list of allocations for the program, specifically addressing the distribution of funds for Western Australia. The policy objective is to ensure that funds are effectively allocated to projects that will yield significant benefits for local communities, particularly in terms of improved access and connectivity.
The instrument amends the Roads to Recovery List 2019 to reflect the updated allocation of funds towards projects identified by Western Australia, amounting to $23,189,485, leaving $2,398,578 still available for future projects. The allocation process involves the Western Australian Local Government Grants Commission, in consultation with relevant local government and infrastructure authorities. This amendment ensures that the program's funds are directed towards projects that have been carefully considered and prioritised by local stakeholders, thereby aligning the program's objectives with the specific needs of the regions it aims to benefit.
Scope and Application
The Roads to Recovery Program Instrument 2019/4 pertains to the allocation of funds for infrastructure projects, specifically within Western Australia, as part of the broader Roads to Recovery Program. This program, which runs from 1 July 2019 to 30 June 2024, is overseen by the Minister for Infrastructure, Transport, Cities and Regional Development. The legislation applies to the Western Australian Local Government Grants Commission, the Western Australian Local Government Association, Main Roads WA, and relevant local councils that are to benefit from the funding allocations. The instrument was determined following a list provided by the Western Australian Minister for Local Government, Heritage, Culture and the Arts, and amends the initial allocation of funds as listed in Schedule 2 of the Roads to Recovery List 2019. The allocation process is conducted in consultation with the Western Australian Local Government Grants Commission, ensuring that the funding is directed towards eligible projects within the specified program components, namely the Indigenous access roads and bridges. Any future allocations will be made upon the determination of new projects by the Commission.
Key Provisions
The main operative sections of the Roads to Recovery Program, as outlined in Instrument 2019/4, specify the allocation of $25,588,063 for Western Australia, as detailed in the Roads to Recovery List 2019 (sections 3 and 4). This funding is intended for the Indigenous access roads and bridges components of the program, with a specific allocation of $23,189,485, as amended in the instrument. This allocation is based on the project lists prepared by the Western Australian Local Government Grants Commission (WALGGC), in consultation with relevant stakeholders (section 5). The remaining balance of $2,398,578 is yet to be allocated and will be assigned once new projects are determined by WALGGC.
The obligations and requirements imposed by the Act on the parties or entities it governs include the preparation of project lists by WALGGC, in consultation with the Western Australian Local Government Association and Main Roads WA (section 5). These lists must be provided by the Western Australian Minister for Local Government; Heritage; Culture and the Arts. The Act mandates that the funds are to be used strictly for the specified components of the program, ensuring that the projects listed are aligned with the objectives of improving Indigenous access roads and bridges. The remaining balance of the funds will be allocated according to the same process once new projects are identified.
For any breach of the provisions outlined in the Act, there are potential consequences, though the specific penalties are not detailed in the text. Typically, such breaches could result in civil or criminal penalties, depending on the severity and intent behind the breach. In cases of significant non-compliance, the responsible parties may face legal action, fines, or other sanctions as prescribed by relevant laws. The exact penalties would be determined by the courts based on the specific circumstances of the breach.