EXPLANATORY STATEMENT – INSTRUMENT 2019/5
The Minister for Infrastructure, Transport 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, Instrument No. 2019/3 on 29 July 2019, and Instrument 2019/4 made on 27 September 2019.
Under s.88(2B) of the National Land Transport Act 2014, the List may be varied to increase an amount specified for a person or body in the List.
O 6 November 2019, the Government announced $138.9 million additional Roads to Recovery Program (R2R) funding in the 2020 calendar year for the 128 Local Government Areas (LGAs) eligible for the Drought Communities Programme Extension.
This increase in funding represents one additional financial year of Roads to Recovery funding for each of the 128 funding recipients. The Roads to Recovery List 2019 has been amended to reflect the additional funding for each recipient.
The Instrument commences on the day after registration.
Overview
The Roads to Recovery Program, established under section 88(2B) of the National Land Transport Act 2014, was enacted to provide additional funding for local government areas impacted by drought, with an aim to stimulate regional economies through infrastructure improvements. This legislation was introduced by the Minister for Infrastructure, Transport and Regional Development, with the objective of enhancing the resilience of communities by improving their road networks. The program, running from 1 July 2019 to 30 June 2024, has been amended several times to adjust allocations for the participating local government areas. The most recent amendments reflect an additional $138.9 million in funding for the 2020 calendar year, providing an extra year of support to the 128 Local Government Areas eligible for the Drought Communities Programme Extension. This legislative action underscores the government’s commitment to supporting drought-affected regions through targeted infrastructure investment.
Scope and Application
The Roads to Recovery Program, as outlined in Instrument 2019/5, applies to Local Government Areas (LGAs) identified as eligible for the Drought Communities Programme Extension. The instrument is a direct application of Section 88(2B) of the National Land Transport Act 2014, which permits variations to the funding amounts specified for eligible recipients. The program, running from 1 July 2019 to 30 June 2024, was initially determined on 31 October 2018, with subsequent amendments made through instruments 2019/2, 2019/3, and 2019/4. The geographic reach of this legislation encompasses the Commonwealth, specifically targeting LGAs within Australia. The additional funding of $138.9 million announced on 6 November 2019 extends the program for one extra financial year to the 128 eligible LGAs, ensuring continuity of support. This legislative framework does not explicitly state exclusions or thresholds beyond the eligibility criteria for the Drought Communities Programme Extension. The scope of application is further refined through subordinate instruments, which provide the detailed amendments to funding allocations for the specified recipients.
Key Provisions
The main operative sections of this legislation are sections 88(2B) of the National Land Transport Act 2014, which allow for the variation of funding amounts specified for a person or body in the Roads to Recovery List 2019 (section 1). This provision permits the Minister for Infrastructure, Transport and Regional Development to adjust allocations for the Roads to Recovery Program, as evidenced by the amendments made on 1 July 2019, 29 July 2019, and 27 September 2019 (sections 2, 3, and 4 of Instrument 2019/5). Furthermore, the explanatory statement clarifies that the Roads to Recovery List 2019 was amended to reflect an additional $138.9 million in funding for the 2020 calendar year, extending funding to 128 Local Government Areas (LGAs) eligible for the Drought Communities Programme Extension (section 5 of Instrument 2019/5).
The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the Minister for Infrastructure, Transport and Regional Development must determine the allocations for the Roads to Recovery Program, ensuring that these allocations are based on the criteria specified in the National Land Transport Act 2014 (section 88(2B)). The amendments to the Roads to Recovery List 2019 must be documented and reflect the updated funding amounts accurately, as evidenced by the changes made on 1 July 2019, 29 July 2019, and 27 September 2019 (sections 2, 3, and 4 of Instrument 2019/5). Moreover, the Government must ensure that the additional funding is distributed to the eligible LGAs within the specified timeframe, as announced on 6 November 2019 (section 5 of Instrument 2019/5).
There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of the legislation for breach of the provisions. However, failure to comply with the obligations and requirements stipulated in the National Land Transport Act 2014 and the Roads to Recovery List 2019 may result in administrative or legal consequences. The Minister for Infrastructure, Transport and Regional Development may be subject to review and scrutiny by the relevant authorities if the funding allocations and amendments are not carried out in accordance with the Act. Additionally, the LGAs receiving the additional funding may be required to provide evidence of their eligibility and compliance with the Drought Communities Programme Extension criteria. Non-compliance with these requirements may result in the withholding or recovery of funds, as well as potential reputational damage and loss of trust among stakeholders.