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GAME AND FERAL ANIMAL CONTROL ACT 2002 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

(Section 63)

Part 1 - Regulations

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
this Act
Game and Feral Animal Control Amendment Act 2005
Game and Feral Animal Control Amendment Act 2012
any other Act that amends this Act
(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 in the Gazette, 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.

Part 2 - Provisions consequent on enactment of this Act

2 Saving of hunting permits under Forestry Act 1916

(1) In this clause,
"existing hunting permit" means a hunting permit issued under section 32B of the Forestry Act 1916 that is in force on the repeal of that section by this Act.
(2) An existing hunting permit continues, until it ceases to be in force, to confer the same authority for the purposes of the Forestry Act 1916 as the authority conferred by the permit under section 32B of that Act immediately before the repeal of that section by this Act.
(3) An existing hunting permit is, except as provided by the regulations under this Schedule, taken to be a restricted game hunting licence granted under this Act, but only in respect of the hunting of game animals on land for which it was granted.

3 Saving of licences etc granted under NPW Act

The enactment of this Act does not affect any licence or other authority granted under the National Parks and Wildlife Act 1974 .

Part 3 - Provision consequent on enactment of Game and Feral Animal Control Amendment Act 2005

4 Penalties

The amendment made to section 13 by the Game and Feral Animal Control Amendment Act 2005 extends to a fine, or an amount payable under a penalty notice, recovered after the commencement of the amendment, even if the fine was imposed, or the penalty notice was issued, before that commencement.

Part 4 - Provisions consequent on enactment of Game and Feral Animal Control Amendment Act 2013

5 Dissolution of Game Council and Committee of Management of Game Council

(1) The Game Council of New South Wales and the Committee of Management of the Game Council are dissolved.
(2) On the dissolution of the Game Council, the assets, rights and liabilities of the Game Council immediately before its dissolution become the assets, rights and liabilities of the Crown.
(3) The persons who were members of the Game Council or the Committee of Management of the Game Council immediately before their dissolution cease to be members and are not entitled to any remuneration or compensation because of the loss of that office.
(4) In this clause--

"assets" means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.

"liabilities" means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).

"rights" means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).

6 Staff employed in Game Council Division

The persons employed in the Game Council Division of the Government Service immediately before the abolition of that Division (on the commencement of Schedule 2.8 to the Game and Feral Animal Control Amendment Act 2013 ) are transferred to and taken to be employed in the Department of Trade and Investment, Regional Infrastructure and Services.

7 Game Council Account

Money standing to the credit of the Game Council Account under section 13 on the dissolution of the Game Council is taken to be money standing to the credit of the Game and Pest Management Trust Fund under section 53B.

8 Hunting licences

(1) A game hunting licence granted by the Game Council and in force immediately before its dissolution is taken to be a game hunting licence granted by the Regulatory Authority. An application for a game hunting licence that was pending immediately before the dissolution of the Game Council is taken to be an application made to the Regulatory Authority.
(2) The suspension of a game hunting licence, or the disqualification of a person from holding a game hunting licence, that was imposed by the Game Council before its dissolution is taken to be a suspension or disqualification imposed by the Regulatory Authority.

9 Approved hunting clubs or organisations

A hunting club, or organisation, approved by the Game Council under section 19 immediately before its dissolution is taken to be a hunting club, or organisation, approved by the Regulatory Authority under that section.

10 Authorised agents

(1) A person who was an authorised agent under an arrangement entered into with the Game Council under section 28 immediately before its dissolution ceases to be an authorised agent and the arrangement is terminated.
(2) A person is not entitled to any compensation as a consequence of the termination of an arrangement by this clause.
(3) However, any such person may become an authorised agent under an arrangement entered into with the Regulatory Authority.

11 Inspectors

(1) A person who was, immediately before the dissolution of the Game Council, an inspector appointed by the Game Council under section 33 is taken to have been appointed as an inspector by the Regulatory Authority.
(2) An identification card issued to the person by the Game Council under section 35 is taken to be an identification card issued by the Regulatory Authority.



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