EXPLANATORY STATEMENT – INSTRUMENT 2020/1
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, Instrument No. 2019/4 on 27 September 2019, and Instrument No. 2019/5 made on 23 November 2019.
Under s.88(2A) 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. This variation allocates the balance of the Western Australia Aboriginal Access Roads and Special Bridge totalling $2,398,578.
Additionally, this variation reflects name changes and the abolition of the Roads and Maritime Services who now come under the umbrella of Transport for New South Wales; Nambucca Shire Council is now the Nambucca Valley Council and the Nipapanha Community Incorporated is now Nipapanha Community Aboriginal Corporation.
This instrument also corrects an administrative error incorrectly naming the Barunga West Council as the District Council of Barunga West.
The Instrument commences on the day after registration.
Overview
The Roads to Recovery Program Instrument 2020, issued under the National Land Transport Act 2014, addresses funding allocations for the Roads to Recovery Program, which spans from 1 July 2019 to 30 June 2024. Enacted by the Minister for Infrastructure, Transport and Regional Development, the primary objective of this instrument is to ensure the efficient allocation of funds to road projects across Australia, supporting regional development and infrastructure improvements. The instrument also rectifies administrative errors and updates names to reflect organisational changes and local council mergers. This legislative measure aims to streamline the administration of the Roads to Recovery Program by providing clear and updated funding allocations, thereby facilitating better project management and execution.
Scope and Application
The Roads to Recovery Program, as detailed in Instrument 2020/1, applies to specific projects and entities involved in the allocation of funds for road infrastructure across Australia. The program, which runs from 1 July 2019 to 30 June 2024, involves the allocation of funds to various local government bodies and other relevant entities for the development and maintenance of roads. The program is overseen by the Minister for Infrastructure, Transport and Regional Development, and the allocation list has been amended several times since its inception to correct administrative errors and reflect changes in local government structures and entity names. The instrument, which corrects an error in the naming of Barunga West Council and updates entity names such as Roads and Maritime Services to Transport for New South Wales, has a national reach, impacting multiple states and territories. The allocation of funds is detailed in the Roads to Recovery List 2019, with adjustments made through subsequent instruments to ensure accuracy and relevance. Notably, the program does not explicitly exclude any categories of entities or projects, but the allocation of funds is determined based on specific criteria and priorities set by the Minister. The instrument, which comes into effect on the day after its registration, provides a clear framework for the distribution of funds under the Roads to Recovery Program.
Key Provisions
The main operative sections of this legislation involve the allocation of funds for the Roads to Recovery Program under the National Land Transport Act 2014 (s.88(2A)). This program, spanning from 1 July 2019 to 30 June 2024, was initially determined by the Minister for Infrastructure, Transport and Regional Development on 31 October 2018. Subsequent instruments made on 1 July 2019, 29 July 2019, 27 September 2019, and 23 November 2019 amended these allocations, most notably increasing the amount specified for Western Australia Aboriginal Access Roads and Special Bridge to a total of $2,398,578. These instruments also account for various administrative changes, including the renaming and reorganisation of entities involved in the program.
This Act imposes several obligations and requirements on the parties involved. Primarily, it mandates that the Minister for Infrastructure, Transport and Regional Development must determine and periodically adjust the allocations for the Roads to Recovery Program as needed. Furthermore, it requires that these allocations be accurately documented and amended as necessary to reflect any changes in the entities or projects involved. The Act also necessitates the correction of any administrative errors, as demonstrated by the amendment to correctly name the Barunga West Council.
In terms of the consequences for non-compliance or breach of the Act, there are no specific offences, penalties, or civil/criminal consequences outlined within the text of this explanatory statement. However, given that this is part of a legislative instrument under the National Land Transport Act 2014, it is likely that any failure to comply with the provisions of this Act could result in legal repercussions. These could include fines, sanctions, or other forms of enforcement as stipulated in the overarching Act. The precise nature and extent of these penalties would be governed by the provisions of the National Land Transport Act 2014 and any related regulations or guidelines.