Question - Northern Midlands Council - Transfer of Various State Roads

Wednesday 22 March 2023

Ms ARMITAGE question to LEADER of the GOVERNMENT in the LEGISLATIVE COUNCIL, Mrs HISCUTT

[3.10 p.m.]

Regarding the transfer of a number of state roads to the Northern Midlands Council, namely Haggerston Road, Perth Main Road, Youl Road, Drummond Street and a portion of Illawarra Road, could the Leader please advise:

(1)     a time line that could be provided to the Northern Midlands Council for the actual gazettal of the transfer of these roads to council; and

(2)     whether there is anything delaying this process and, if so, what can be done to expedite it?

ANSWER

Mr President, I thank the member for her question.

(1)     The Department of State Growth is liaising closely with the Office of Parliamentary Counsel regarding development of proclamations under the Roads and Jetties Act 1935 that are required to transfer responsibility of various state roads to the Northern Midlands Council.  The department expects to receive drafts of the necessary proclamations soon.  The department is working towards having the necessary proclamations gazetted by the end of June 2023.

(2)     The transfer of road ownership under the current framework can be a lengthy process.  The standard process for state road transfer is to formalise the terms of the transfer in a Deed of Transfer, once negotiations have been completed.  This can take months to resolve and even when the deed is executed, the transfer of a state road cannot be effected until a relevant proclamation is made under the Roads and Jetties Act 1935. 

Proclamations are drafted by the Office of Parliamentary Counsel and are prioritised in the context of the entire legislative drafting program.  This can mean that progress with drafting of a proclamation is subject to shifts within the broader program.  Once proclamations have been developed they then need to be progressed with the Executive Council process before being gazetted. 

The department intends on investigating ways to streamline the road transfer process as part of the broader road management legislation review that was commenced by the Minister for Infrastructure and Transport this year.