New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(1A) Any such provision has effect despite anything to the contrary in this Schedule. The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In any Act (other than this Act), in any instrument made under any Act or in any document, a reference to the Forestry Commission of New South Wales is taken to be a reference to the Forestry Corporation of New South Wales.
(1) In this clause--
"Visy agreement" means the agreement within the meaning of the Visy Mill Facilitation Act 1997 .
(2) Without limiting clause 2, a reference to the Forestry Commission of New South Wales in the Visy agreement is taken to be a reference to the Forestry Corporation of New South Wales.
(3) The operation of this Act is not to be regarded--(a) as varying any obligation, right, power or remedy of a person in connection with the Visy agreement, or(b) as a price revision event within the meaning of clause 47 of that agreement.
(4) Subclause (3) does not limit the operation of clause 10(2) or (3) of Schedule 2.
(5) This clause has effect despite any provision to the contrary in the Visy agreement.
A person who, immediately before the dissolution of the Forestry Commission, held office as the Commissioner constituting the Forestry Commission or as an Assistant Commissioner under the former Act--
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office.
(1) This clause applies with respect to any period before the dissolution of the Forestry Commission for which the financial affairs of the Forestry Commission have not been the subject of an annual report of the Forestry Commission under the Annual Reports (Statutory Bodies) Act 1984 .
(2) The first annual report of the Corporation is to include the financial affairs of the Forestry Commission with respect to any such period.
(3) Section 43A of the Public Finance and Audit Act 1983 does not apply to or in respect of the Forestry Commission.
Any land dedicated as a State forest or flora reserve, or set apart as a flora reserve, under the former Act, being a dedication or setting apart of the land that was in force immediately before the repeal of the former Act, is taken to be a State forest or flora reserve (as the case requires) under this Act.
Any special management zone declared under the former Act, being a declaration that was in force immediately before the repeal of the former Act, is taken to be a special management zone under this Act.
(1) The repeal of section 22 of the former Act does not affect the reservation from sale of land as a timber or forest reserve that was in force under that section immediately before its repeal and any such reservation may be revoked under and in accordance with that section as if it had not been repealed.
(2) A lease or licence of land within a timber reserve may be granted under the Crown Land Management Act 2016 with the approval of the Minister for such purpose, for such term, and subject to such conditions, as the Minister thinks fit to impose.
(3) A lease or licence referred to in section 24 of the former Act, and in force immediately before the repeal of that section, is not affected by the repeal of that section and may continue to be dealt with as if that section had not been repealed.
(4) For subclause (1), in relation to a revocation of a reservation in accordance with the former Act, section 22, the reference to the Minister for Lands in the section is taken to be a reference to the Minister administering the Crown Land Management Act 2016 .
Any licence, permit or lease granted under the former Act and in force immediately before the repeal of the former Act is taken to be a licence, permit or lease of the corresponding kind (as determined by the Corporation) in force under this Act.
(1) A forest agreement in force under the Forestry and National Park Estate Act 1998 immediately before the commencement of this clause is taken to be a forest agreement in force under this Act.
(2) An integrated forestry operations approval in force under the Forestry and National Park Estate Act 1998 immediately before the commencement of this clause is taken to be an integrated forestry operations approval in force under this Act.
(3) A reference in any other Act, or in any instrument made under any other Act or in any other document--(a) to a forest agreement under the Forestry and National Park Estate Act 1998 is to be construed as a reference to a forest agreement under this Act, or(b) to an integrated forestry operations approval under the Forestry and National Park Estate Act 1998 is to be construed as a reference to an integrated forestry operations approval under this Act.
The repeal of the former Act does not affect the operation of an agreement entered into under section 11(1)(m)(i) of the former Act and in force immediately before that repeal and any such agreement continues to have effect despite that repeal.
A management plan or working plan in force under the Forestry Regulation 2009 immediately before the repeal of that Regulation by this Act is taken to be a management plan or working plan (as the case requires) in force under this Act.
Subject to this Act and the regulations, anything done under or for the purposes of a provision of the former Act is, to the extent that the thing has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision of this Act.
(1) Compensation is not payable because of the repeal by this Act of the Timber Marketing Act 1977 or for the consequences of that repeal.
(2) In this clause,
"compensation" includes damages or any other form of monetary compensation or the refund of any fees paid under the Timber Marketing Act 1977 .
Part 2 of the Subordinate Legislation Act 1989 is taken to apply to the first regulation made under this Act as if the Minister administering that Act had given a certificate under section 6 (1)(b) of that Act with respect to the regulation.
In this Part--
"amending Act" means the Forestry Legislation Amendment Act 2018 .
(1) In this clause--
"existing IFOA" means an integrated forestry operations approval that was in force immediately before the relevant date.
"relevant date" means the date on which Schedule 2 to the amending Act commences.
(2) An existing IFOA continues to be an integrated forestry operations approval under this Act as amended by the amending Act.
(3) However, any declaration in an existing IFOA of the terms of a relevant licence ceases to have effect. Those terms continue as the terms of the integrated forestry operations approval continued by this clause.
(4) The enforcement functions of the Environment Protection Authority under section 69SB of this Act and under the Biodiversity Conservation Act 2016 in relation to Part 5B of this Act are exercisable in relation to breaches of an existing IFOA (including the terms of any relevant licence set out in the IFOA) that occurred before the relevant date.
(5) Subclause (4) does not apply to proceedings brought under section 69S of this Act before the relevant date in relation to an existing IFOA. That section continues to apply, despite its repeal by the amending Act, to any such proceedings that have not been finally determined.
(1) The on-going forest management operations referred to in paragraph (c) of the definition of
"forestry operations" in section 3(1) of this Act are, for the purposes of Parts 5A and 5B of this Act, taken to include bee-keeping and grazing carried out in accordance with the provisions of an integrated forestry operations approval as in force immediately before 9 November 2018.
(2) This clause ceases to have effect on 9 November 2022.
Sections 39(5) and 45(5) (as inserted by the amending Act) extend to licences and small quantity authorisations in force immediately before the commencement of those subsections.