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ENVIRONMENTAL REFORM (CONSEQUENTIAL PROVISIONS) ACT 1999 NO. 92, 1999 - SCHEDULE 6

- World Heritage Properties Conservation Act 1983: repeal etc. Part 1—Repeal

World Heritage Properties Conservation Act 1983

1 The whole of the Act

Repeal the Act.

Part 2—Saving and transitional provisions

2 Definitions

In this Part:

new Act means the Environment Protection and Biodiversity Conservation Act 1999 .

World Heritage Act means the World Heritage Properties Conservation Act 1983 .

3 Continued application of the World Heritage Act and related instruments

General rule

(1) The World Heritage Act, and all instruments (including regulations, Proclamations and consents) made under it and in force immediately before its repeal, continue to apply in relation to properties and sites that were declared by the Proclamations to be properties and sites to which sections of the Act apply, as if:

(a)
the Act had not been repealed; and

(b)
the Act were administered by the Minister administering Subdivision A of Division 1 of Part 3 of the new Act.

Note: Part 3 of the new Act does not apply to acts covered by the consents. See Schedule 1 to this Act.

Continued Proclamations and consents may be revoked

(2) Subitem (1) does not prevent:

(a)
the revocation of a Proclamation mentioned in that subitem; or

(b)
the variation or revocation of a consent mentioned in that subitem.

Note: The power under the World Heritage Act to give a consent described in subitem (1) included a power to revoke or vary the consent, because of subsection 33(3) of the Acts Interpretation Act 1901 .

Limit on making new Proclamations and regulations

(3) Subitem (1) does not allow:

(a)
a Proclamation to be made under section 6, 7 or 8 of the World Heritage Act as it continues to apply because of that subitem; or

(b)
regulations to be made for the purposes of section 9, 10 or 11 of the World Heritage Act as it continues to apply because of that subitem.

New consents can be given

(4) To avoid doubt, this Schedule does not prevent the giving of a consent under section 9, 10 or 11 of the World Heritage Act as it continues to apply because of subitem (1).

4 Continued appointment of inspectors

Inspectors

(1) An instrument appointing a person as an inspector that was in force under subsection 17A(1) of the World Heritage Act immediately before the commencement of the new Act continues in force for the purposes of the new Act as if it had also been made under section 396 of the new Act (so the person is appointed as an inspector under that section).

Termination of appointments

(2) This item does not prevent the revocation of an instrument of appointment.

Identity cards for inspectors

(3) An identity card issued under subsection 17A(7) of the World Heritage Act to a person who is appointed as an inspector for the purposes of the new Act because of this item continues in force as if it had been issued to the person under section 399 of the new Act.

Part 3—Consequential amendment of other Acts

Telecommunications Act 1997

5 Subparagraph 27(7)(c)(i) of Schedule 3

Repeal the subparagraph, substitute:

(i)
a declared World Heritage property (as defined in the Environment Protection and Biodiversity Conservation Act 1999 );

6 Application

The amendment of clause 27 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule applies in relation to applications for facility installation permits made after the commencement of the Environment Protection and Biodiversity Conservation Act 1999 .

7 Subparagraph 55(2)(b)(i) of Schedule 3

Repeal the subparagraph, substitute:

(i)
a declared World Heritage property (as defined in the Environment Protection and Biodiversity Conservation Act 1999 );

8 Application

The amendment of clause 55 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule applies in relation to installation that a carrier proposes to commence after the commencement of the Environment Protection and Biodiversity Conservation Act 1999 .

Wet Tropics of Queensland World Heritage Area Conservation Act 1994

9 Section 9

Repeal the section, substitute:

9 This Act does not affect the Environment Protection and Biodiversity Conservation Act 1999

This Act does not affect the operation of:

(a)
the Environment Protection and Biodiversity Conservation Act 1999 ; or

(b)
the World Heritage Properties Conservation Act 1983 , so far as it continues to apply to parts of the Wet Tropics of Queensland World Heritage Area because of Part 2 of Schedule 6 to the Environmental Reform (Consequential Provisions) Act 1999 .


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