Additional Comments by Senator Fiona Nash
1.1 I note the recommendation of the Rural and
Regional Affairs and Transport Legislation Committee inquiry into the above
bill.
1.2 In paragraph 2.3 the report observes that Part 6
of the Principal Act the AusLink (National Land Transport) Act 2005
emphasises that when considering funding under what was known as the AusLink
Strategic Regional Projects program, the Minister should have regard to the
regional benefit of the proposed project. These conditions are cited in section
55 of the Principal Act under the heading “Is it appropriate to approve a
project?” The report then notes, in paragraph 2.7, that the preceding section
of the Principal Act – section 54 – gives a theoretical right to the
Minister to grant such an approval for a project in a non-regional area.
Without disputing the legality of this assertion, the intent of the Strategic
Regional Program to be non-urban in focus is made quite clear by its name and
by the clauses contained in section 55. This is why, in order to remove
this focus, the Government has proposed the Nation Building Program
(National Land Transport) Amendment Bill 2009. This amendment will change
the program’s name to “Nation Building Off-Network Projects” and delete from the
Principal Act any references to regional so that this renamed program can apply
to urban Australia.
1.3 Given that the Government has removed any doubt as
to whether this program may apply to non-regional Australia, I express my
concern as to what this means for a transport infrastructure program that
totals $633.3 million over four years from 2009-10. Prior to these amendments,
disregarding any technical doubts, this amount of money was to be spent in
regional Australia. This is no longer the case. The Government is now free to
spend this money in urban areas – a focus that is against the original intent
of the Principal Act. I am concerned that the Government’s amendments to the
Principal Act represent a significant loss of transport infrastructure funding
for Australians who live outside the capital cities and demonstrate the
Government’s anti-regional bias.
1.4 I also express concern that the funds set aside
for the former Strategic Regional Program over the planning period from
2009-10, as tabled by the Government on 28 May 2009, are overwhelming directed
to Labor seats. Specifically, 81 percent of the funds under what is now to be
termed the Nation Building Program Off Network Projects, or $531.4 million, are
now to be spent in Labor-held electorates. I question the use by the
Government of this program as a vehicle to fund Labor election promises in
Labor areas.
1.5 Secondly, as noted in paragraph 2.8 of the report,
the Government amendments will modify section 71 of the Principal Act to
extend the coverage of the Black Spots Project to the National Land Transport
Network. I express concern that these amendments mean that this key safety
initiative that formerly applied only to dangerous local roads, may now be
swallowed up in a in more general spend on Australia’s national highways. I
express concern that these legislative changes paves the way for the Government
to use funds dedicated to local roads and streets to use as maintenance funds
for the national highway system that is already subject to larger and separate
appropriations.
Senator Fiona Nash
Senator for New South
Wales
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