{"id":"nsw:act-1989-095","name":"Road Improvement (Special Funding) Act 1989","slug":"road-improvement-special-funding-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"95 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106667,"registerId":"nsw-act-1989-095-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Road Improvement (Special Funding) Act 1989](/view/html/inforce/current/act-1989-095).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> financial year means a period of 12 months commencing on 1 July.\n> \n> Roads Fund means the TfNSW Fund established under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> \n> **s 3:** Am 1996 No 54, Sch 1 \\[1\\]; 1998 No 71, Sch 1 \\[2\\]; 2011 No 41, Sch 5.43 \\[1\\] \\[2\\]; 2020 No 30, Sch 4.83\\[1\\] \\[2\\].","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Standing appropriation of percentage of certain taxes paid on petroleum products","content":"#### 3A Standing appropriation of percentage of certain taxes paid on petroleum products\n\n3A Standing appropriation of percentage of certain taxes paid on petroleum products\n\n> > (1) There is appropriated by this section each financial year for payment out of the Consolidated Fund into the Roads Fund an amount equal to 44.5% of the net petroleum products revenue of the State during that financial year.\n> \n> > (2) The net petroleum products revenue of the State during a financial year is the amount that the Treasurer determines has been paid, during that year, to the State by the Commonwealth under the [States Grants (General Purposes) Act 1994](http://www.legislation.gov.au/) of the Commonwealth as revenue replacement payments for petroleum business franchise licence fees, less the amount that the Treasurer determines has been paid during that financial year by way of State petroleum subsidies.\n> \n> > (3) An amount appropriated by this section is to be rounded to the nearest $1,000.\n> \n> > (4) The appropriation made by this section extends to the period commencing 5 August 1997. The first financial year to which this section applies is taken to be the period commencing on 5 August 1997 and ending on 30 June 1998.\n> \n> > (5) A determination made by the Treasurer for the purposes of this section is conclusive.\n> \n> > (6) Payments to the Roads Fund in respect of an appropriation under this section are to be made in such instalments and at such times as the Treasurer determines. Any such payments may be made before the end of the financial year to which that appropriation relates, subject to any necessary adjustment at the end of that financial year.\n> \n> > (7) In this section—\n> > \n> > petroleum business franchise licence fees means the fees previously payable under the [Business Franchise Licences (Petroleum Products) Act 1987](/view/pdf/asmade/act-1987-94).\n> > \n> > State petroleum subsidies means subsidies paid under the [Petroleum Products Subsidy Act 1997](/view/html/repealed/current/act-1997-112), including ex gratia payments generally of the nature authorised by that Act.\n> \n> **s 3A:** Ins 1998 No 71, Sch 1 \\[3\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":null,"content":"#### 4\n\n4 (Repealed)","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Appropriated money subject to statutory trust for road funding","content":"#### 5 Appropriated money subject to statutory trust for road funding\n\n5 Appropriated money subject to statutory trust for road funding\n\n> > (1) The amount paid into the Roads Fund under section 3A is subject to a statutory trust for the funding of road improvement, road safety and road related public transport infrastructure and must be used by Transport for NSW accordingly.\n> \n> > (2) Without limiting the generality of subsection (1), the funding of road improvement, road safety and road related public transport infrastructure includes the funding of the following—\n> > \n> > > (a) the construction, improvement, maintenance, repair and lighting of public roads in the State (including any road that is a tollway within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033)),\n> > \n> > > (b) any purpose reasonably incidental to a purpose referred to in paragraph (a), including (but not limited to) the paving, kerbing and guttering of roads, the planting of trees, lawns and gardens, the construction of special crossings and footways and the construction of drains and sewers,\n> > \n> > > (c) the provision, improvement, maintenance and repair of traffic control facilities (within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033)),\n> > \n> > > (d) the advancement and encouragement of road safety, including by the funding of education programs concerned with road safety,\n> > \n> > > (d1) road related public transport infrastructure that is designed to benefit the road network by increasing transport alternatives to private vehicle use, by providing for improvements to road related public transport facilities or by assisting in the integration of different passenger transport systems,\n> > \n> > > (e) the granting of financial assistance to a council (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)) for the purpose of defraying costs incurred or to be incurred by the council in doing anything referred to in any of the foregoing paragraphs.\n> \n> > (2A) A reference in this section to road related public transport infrastructure includes a reference to—\n> > \n> > > (a) dedicated bus lanes, transit lanes, cycleways and facilities for high occupancy vehicles, and\n> > \n> > > (b) bus facilities and bus shelters, and\n> > \n> > > (c) technologies to facilitate public transport road operations, and\n> > \n> > > (d) transport interchanges, and\n> > \n> > > (e) off-road parking facilities adjacent to major arterial roads, and\n> > \n> > > (f) commuter parking, bus facilities and bicycle lockers at railway stations, and\n> > \n> > > (g) bus, bicycle and pedestrian access to railway stations, transport interchanges and major residential, recreational, commercial and industrial centres.\n> \n> > (3) Transport for NSW is authorised by this section to exercise any of its functions under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) and any other Act for the purpose of road improvement, road safety and road related public transport infrastructure and the functions of Transport for NSW include the power to do anything described in any of the paragraphs of subsection (2).\n> \n> **s 5:** Am 1993 No 33, Sch 1; 1995 No 11, Sch 1; 1995 No 15, Sch 1 \\[3\\]–\\[7\\]; 1998 No 71, Sch 1 \\[5\\]; 2020 No 30, Sch 4.83\\[3\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Decisions concerning road funding","content":"#### 6 Decisions concerning road funding\n\n6 Decisions concerning road funding\n\n> In deciding how money is to be applied in accordance with the statutory trust under section 5, regard shall be had to the following matters—\n> \n> > (a) the need for the benefits that flow from expenditure to exceed the expenditure involved,\n> \n> > (b) the need for safe roads and the need to encourage road safety,\n> \n> > (c) the need for roads that will increase the competitiveness of industries in the State, particularly industries producing goods for export or goods that will compete with imports on the Australian market,\n> \n> > (d) the need for roads that will facilitate and encourage travel in the State for tourist purposes,\n> \n> > (e) the need to improve road network efficiency,\n> \n> > (f) the need to reduce road maintenance costs,\n> \n> > (g) the need to preserve the integrity of communities,\n> \n> > (h) the need to develop and improve the efficient and effective operations of transport interchanges,\n> \n> > (i) the need to provide alternative off-road parking facilities adjacent to major arterial roads to enable bus lanes and transit lanes to be created,\n> \n> > (j) the need to improve the efficiency of movement of public transport along major arterial roads.\n> \n> **s 6:** Am 1995 No 15, Sch 1 \\[8\\].","sortOrder":7}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient information is available from the provided text to determine whether the scope of the Act changed from its original intent. The metadata shows amendments in 1999 and 2011, which may have altered scope, but no details of those amendments are visible in the provided material."},"complexity_factors":["Full operative provisions not available in the provided text — analysis is based on metadata only","The Act involves inter-agency financial arrangements (Treasurer responsible, not roads minister), which typically adds administrative complexity","Three versions over 35 years suggest periodic amendments that could create layered obligations","Special fund mechanisms in NSW law often interact with the Public Finance and Audit Act and other financial legislation, adding cross-referencing complexity","Score is kept low because without the actual provisions, the law appears to serve a narrow, specific purpose (road funding) rather than a broad or highly technical regulatory scheme"],"plain_english_summary":"The Road Improvement (Special Funding) Act 1989 establishes a dedicated, ring‑fenced funding mechanism for road improvement in NSW. Administered under the Treasurer, it is a financial instrument designed to ensure money is set aside specifically for road works rather than general spending.\n\nIt primarily affects NSW agencies and local councils involved in road construction and maintenance, with benefits for road users via funded improvements. The Act remains in force and has been amended since enactment."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope was extended from a generic road‑funding instrument to include a standing appropriation formula and statutory trust directing 44.5% of defined Commonwealth petroleum‑replacement payments into the Roads Fund (s 3A), and an explicit, broadened list of eligible road and road‑related public transport expenditures for Transport for NSW (s 5(1)–(2A)). Treasurer determinations and payment timing rules (s 3A(5)–(6)) further shift budgetary control into specified administrative hands."},"complexity_factors":["Financial formula: fixed 44.5% share of a defined ‘net petroleum products revenue’ (s 3A(1)–(2)) introduces arithmetic and accounting rules.","Conclusive Treasurer determinations: Treasurer’s calculation of ‘net’ revenue is final and controls appropriation size (s 3A(5)).","Timing and cashflow discretion: payments may be instalmented, advanced and later adjusted at Treasurer’s discretion (s 3A(6)).","Rounding rule: appropriation rounded to nearest $1,000 (s 3A(3)) affects small‑value accounting.","Statutory trust with broad permitted uses: funds must be used by Transport for NSW but cover a wide range of road and road‑related public transport items (s 5(1)–(2), (2A)).","Policy‑weighting criteria: ss 6 lists multiple, sometimes competing, decision factors (benefit exceed cost, safety, competitiveness, tourism, network efficiency, community integrity, interchange operations, parking/lanes).","Cross‑Act dependencies and amendments: definitions and operation reference other Acts (Transport Administration Act 1988; States Grants (General Purposes) Act 1994; Roads Act 1993; Petroleum Products Subsidy Act 1997) and show historical amendments (s 3, s 3A notes, s 5 notes)."],"plain_english_summary":"Mechanically, the Act requires an annual standing appropriation of 44.5% of the State’s “net petroleum products revenue” (Commonwealth revenue‑replacement payments less State petroleum subsidies) into the Roads Fund, with the Treasurer determining amounts and timing (s 3A). Those sums are placed on a statutory trust for Transport for NSW to fund road improvement, road safety and road‑related public‑transport infrastructure, and spending decisions must have regard to a list of economic, safety and network‑efficiency criteria (ss 5, 6)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond its original narrow focus on 'road improvement' to encompass a broader integrated transport agenda. The 1995 and 1998 amendments added 'road safety' as a core purpose, while the 1998 and later amendments introduced 'road related public transport infrastructure' — significantly widening the scope from asphalt and concrete to include bus lanes, cycleways, transport interchanges, commuter parking at railway stations, and technologies for public transport operations. What began as a road funding mechanism has become a multi-modal transport infrastructure fund, though still tied to road network benefits."},"complexity_factors":["Only 6 operative sections (3 definitions, 1 appropriation mechanism, 1 trust/purpose section, 1 decision-making criteria section)","Minimal cross-referencing — only references to 4 other Acts (Transport Administration Act 1988, States Grants Act, Roads Act 1993, Local Government Act 1993)","Straightforward percentage calculation (44.5%) with simple rounding rule","Single layer of conditions — no nested exceptions or complex conditional logic","Clear statutory trust mechanism with enumerated permitted uses in plain list format","Historical amendments show evolution but current structure is streamlined (original section 4 repealed, section 3A inserted to replace earlier appropriation mechanism)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a dedicated funding stream for roads and related transport infrastructure in New South Wales. It takes a slice of money that the Commonwealth pays to NSW (specifically, 44.5% of certain petroleum-related revenue) and automatically directs it into a special fund called the **Roads Fund**.\n\n**Who it affects:**\n\n- **Transport for NSW** — the government agency that receives and spends this money\n- **Local councils** — they can get financial assistance from this fund for road works\n- **Motorists and communities** — the fund pays for roads, road safety programs, traffic lights, bus lanes, bike paths, and even commuter parking at train stations\n\n**How it works:**\n\n- The money comes from a **standing appropriation** (meaning it happens automatically each year without Parliament having to vote on it again)\n- The Treasurer calculates exactly how much based on Commonwealth payments minus any state subsidies\n- Once in the Roads Fund, the money is held in a **statutory trust** — a legal lockbox that means it *must* be spent on specific things: building and fixing roads, road safety education, traffic control facilities, and public transport infrastructure that helps the road network (like bus lanes and park-and-ride facilities)\n\n**Why it matters:**\n\nThis law ensures that a significant chunk of transport-related revenue can't be diverted to general government spending. It creates a legal obligation to spend these funds on tangible transport infrastructure and safety improvements, giving certainty to long-term road planning and protecting the money from being used for other budget priorities."}},"importantCases":[],"_links":{"self":"/api/acts/road-improvement-special-funding-act-1989","history":"/api/acts/road-improvement-special-funding-act-1989/history","analysis":"/api/acts/road-improvement-special-funding-act-1989/analysis","conflicts":"/api/acts/road-improvement-special-funding-act-1989/conflicts","importantCases":"/api/acts/road-improvement-special-funding-act-1989/important-cases","documents":"/api/acts/road-improvement-special-funding-act-1989/documents"}}