New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 4 (3))
(1) The Governor may make regulations containing provisions of a saving or transitional nature consequent on the enactment of the following Acts--Threatened Species Conservation Act 1995National Parks and Wildlife Amendment (Aboriginal Ownership) Act 1996National Parks and Wildlife Amendment (Abercrombie, Jenolan and Wombeyan Karst Conservation Reserves) Act 1997National Parks and Wildlife Amendment (Transfer of Special Areas) Act 2001National Parks and Wildlife Amendment Act 2001Threatened Species Conservation Amendment Act 2002Threatened Species Legislation Amendment Act 2004 , to the extent that it amends this ActBrigalow and Nandewar Community Conservation Area Act 2005 , but only to the extent that it amends this ActNational Parks and Wildlife Amendment (Jenolan Caves Reserves) Act 2005National Parks and Wildlife Amendment Act 2010National Parks and Wildlife Amendment (Visitors and Tourists) Act 2010National Parks and Wildlife Legislation Amendment (Reservations) Act 2011National Parks and Wildlife Amendment (Adjustment of Areas) Act 2012Game and Feral Animal Control Further Amendment Act 2012Aboriginal Land Rights Amendment Act 2013any other Act that amends this ActBiosecurity Act 2015
(2) A provision referred to in subsection (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or at a later date.
(3) To the extent to which a provision referred to in subclause (1) 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.
In this Schedule--
"repealed enactments" means the enactments repealed by this Act.
"state park" means a state park within the meaning of the Act of 1967.
(1) The person holding office as Director of National Parks and Wildlife under the Act of 1967 immediately before the commencement day shall be deemed to have been appointed Director under this Act, and the person shall, subject to this Act, hold office for the remainder of the period specified in the person's instrument of appointment under the Act of 1967.
(2) All acts, matters, and things done or omitted by, or done or suffered in relation to, the Director of National Parks and Wildlife appointed under the Act of 1967 before the commencement day shall, on and from that day, have the same force and effect as if they had been done or omitted by, or done or suffered in relation to, the Director appointed under this Act.
(3) Without affecting the generality of Schedule 4, clauses 10 and 11 of that Schedule apply to and in respect of the person holding office as Director immediately before the commencement day as if this Act had been in force at the time when the person was appointed Director under the Act of 1967.
The members of an advisory committee constituted for any lands under the Act of 1967 and holding office immediately before the commencement day shall be deemed to be members of an advisory committee constituted for those lands under this Act as if this Act had been in force at the time of the constitution of the committee.
A person holding office as a member of the Aboriginal Relics Advisory Committee under section 33A of the Act of 1967 immediately before the commencement day shall be deemed to have been appointed a member of the Relics Committee under this Act, and the person shall, subject to this Act, hold office for the remainder of the period specified in the instrument of the person's appointment under the Act of 1967.
(1) Any delegation in force under section 7 of the Act of 1967 shall be deemed to be a delegation under section 21.
(2) Section 7 of the Act of 1967 continues to apply to and in respect of any act or thing done by a delegate under that section before the commencement day.
(1) Lands comprised within a national park or state park under the Act of 1967 immediately before the commencement day shall be deemed to be reserved as a national park under this Act.
(2) Lands comprised within a historic site under the Act of 1967 immediately before the commencement day shall be deemed to be reserved as a historic site under this Act.
(3) Lands comprised within a nature reserve under the Fauna Protection Act 1948 immediately before the commencement day shall be deemed to be dedicated as a nature reserve under this Act.
(4) A proclamation under section 20 of the Act of 1967 in force immediately before the commencement day in relation to a national park, state park or historic site under that Act shall be deemed to be a proclamation under section 33.
(5) To the extent that section 20 (5) and (6) of the Act of 1967 would, had this Act not been enacted, apply or continue to apply to or in respect of a proclamation published under section 20 of that Act before the commencement day, section 35 applies to or in respect of that proclamation.
(6) An order under section 33B of the Act of 1967 in force immediately before the commencement day in relation to an Aboriginal area under that Act shall be deemed to be a proclamation in force under section 62.
(7) An order under section 33I of the Act of 1967 in force immediately before the commencement day in relation to a protected archaeological area under that Act shall be deemed to be an order in force under section 65.
(8) A proclamation under section 23A (1) of the Fauna Protection Act 1948 , in force immediately before the commencement day in relation to a wildlife refuge under that Act shall be deemed to be a proclamation in force under section 68.
(9) A proclamation under section 23A (1) of the Fauna Protection Act 1948 , in force immediately before the commencement day in relation to a game reserve under that Act shall be deemed to be a proclamation in force under section 69.
(10) A direction under section 33J of the Act of 1967 in force immediately before the commencement day in relation to a protected archaeological area under that Act shall be deemed to be a direction in force under section 66.
(1) A reference, in any other Act, or in any regulation, ordinance, by-law or any other instrument or document whatever, of the same or a different kind or nature, to--(a) a state park shall be read as a reference to a national park under this Act, or(b) a particular state park under the Act of 1967 shall be read as a reference to the national park deemed to be reserved under clause 7 (1) and comprising the lands within that state park.
(1) A plan of management under the Act of 1967 shall be deemed to be a plan of management under this Act.
(2) A working plan under the Fauna Protection Act 1948 shall be deemed to be a plan of management under this Act.
(3) A plan of management under any Act for any lands dedicated under this Act as Jenolan Caves Reserve Trust lands, being a plan of management in force immediately before that dedication, is taken to be a plan of management under this Act for the land concerned until a new plan of management for that land is adopted under section 76.
(1) A notice under section 24 (2) (a) of the Act of 1967 shall be deemed to be a notice under section 41, and anything done or commenced to be done under section 24 (2) (a) of the Act of 1967 shall be deemed to have been done or commenced under section 41.
(2) A reference in subclause (1) to section 41 includes a reference to that section as applied by any other provision of this Act.
(1) In this clause,
"prescribed interest" means an authority, authorisation, permit, lease, licence or occupancy to which section 22 of the Act of 1967 applied immediately before the commencement day.
(2) Section 39 applies to and in respect of a prescribed interest granted with respect to lands comprised in a national park, state park or historic site under the Act of 1967 as if this Act had been in force when that national park, state park or historic site was reserved under that Act.
(1) A licence, registration, certificate, franchise, permit, permission, concurrence, consent, authorisation or authority, issued or given under any of the repealed enactments, shall be deemed to be issued or given under this Act.
(2) Notwithstanding subclause (1), a permit granted under section 33 of the Fauna Protection Act 1948 shall be deemed to be a licence issued under section 127.
A notice of an open season under section 18 of the Fauna Protection Act 1948 in force immediately before the commencement day shall be deemed to be an order in force under section 95.
(1) Any property acquired by the Minister under the Act of 1967 shall be deemed to have been acquired by the Minister under this Act.
(2) Lands acquired under section 19A of the Act of 1967 shall be deemed to have been acquired under section 145.
(3) Lands acquired under section 19B of the Act of 1967 shall be deemed to have been acquired under section 146 (1).
(4) A lease or licence granted under the Act of 1967 and in force immediately before the commencement day shall be deemed to have been granted under this Act.
(5) A franchise in force under section 32 of the Act of 1967 immediately before the commencement day shall be deemed to have been granted under section 152.
(6) An easement or right of way in force under section 31 of the Act of 1967 immediately before the commencement day shall be deemed to have been granted under section 153.
(1) Any community service contribution under section 37 of the Act of 1967 due and payable immediately before the commencement day shall be deemed to be due and payable under section 140.
(2) Section 140 applies to and in respect of any community service provided or maintained under section 37 of the Act of 1967 before the commencement day and in respect of which a notice of the amount of contribution had not been served under that section before that day.
The provisions of any of the repealed enactments continue to apply to and in respect of any forfeiture or seizure under those provisions before the commencement day, and so apply as if this Act had not been enacted.
Any regulations in force under any of the repealed enactments immediately before the commencement day shall be deemed to be regulations made under this Act, but any such regulations shall, to the extent to which they would be by-laws if made under this Act, be deemed to be by-laws made under this Act.
The amendments made by sections 53, 54 and 56 of the Act of 1967 continue to have the same force and effect as if those sections had not been repealed by this Act.
(1) Any by-law made under this Act, or by-law, rule or regulation deemed to be a by-law made under this Act, and in force immediately before the date of assent to the Statute Law (Miscellaneous Provisions) Act (No 2) 1986 shall on that date be deemed to be a regulation made under this Act.
(2) A reference in any other Act or statutory instrument, or in any other document, to a by-law made under this Act shall be read as a reference to a regulation made under this Act.
On and from the commencement of this clause, a reference in any other Act, or in any instrument made under any Act, or in any other document of any kind, to the Director of National Parks and Wildlife or to the Acting Director of National Parks and Wildlife is to be read as a reference to the Director-General of National Parks and Wildlife or to the Acting Director-General of National Parks and Wildlife respectively.
(1) In this clause,
"the amending Act" means the National Parks and Wildlife (Amendment) Act 1989 .
(2) Any act, matter or thing done before the commencement of this clause in relation to the preparation of a plan of management for any lands that was not validly done, but that would have been validly done if the amending Act had been in force at the time it was done, is validated.
(3) An authority that purported to have been given to a person under section 164 or 165 before the commencement of this clause shall be deemed to have been given under the section concerned as if the amending Act had been in force when the authority was given.
Section 97 (1) (c) applies in respect of fauna that is an amphibian as if the reference in that section to the commencement day were a reference to--
(a) the date of assent to the National Parks and Wildlife (Amendment) Act 1983 in the case of an amphibian that was a protected amphibian immediately before the date of assent to the Endangered Fauna (Interim Protection) Act 1991 , or
(b) the date of assent to the Endangered Fauna (Interim Protection) Act 1991 in the case of any other amphibian.
(1) In so far as--(a) a licence in force under Division 2 of Part 9 immediately before 30 November 1995, or(b) an authority in force under section 171 (1) immediately before that day,has the effect of authorising its holder to take or kill game birds for sporting or recreational purposes, the licence or authority ceases to have that effect on that day. However, the licence or authority does not cease to authorise a sporting or recreational shooter from taking or killing game birds for any other specified lawful purpose.
(2) This clause is taken to have commenced on 30 November 1995 (the date of assent to the amending Act).
(3) Subclause (1) re-enacts (with minor modifications) section 4 (1) of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(4) In this clause--
"amending Act" means the National Parks and Wildlife Amendment (Game Birds Protection) Act 1995 .
(1) In this clause--
"amending Act" means the National Parks and Wildlife Amendment Act 1996 .
"former incorporated trustees" means the persons holding office as trustees, and constituted as a corporation, in respect of a particular state recreation area and holding office immediately before the commencement of Schedule 1 [65[#93] to the amending Act.
(2) On the commencement of Schedule 1 [65[#93] to the amending Act, an SRA trust is taken to be constituted and appointed as trustee of the state recreation area in respect of which the former incorporated trustees held office.
(3) Any such SRA trust is a continuation of, and the same legal entity as, the former incorporated trustees, and the corporate name of the SRA trust is to be the same as the corporate name of the former incorporated trustees. That corporate name can be changed in accordance with this Act.
(4) Each of the persons who constituted the former incorporated trustees is taken to be appointed as a member of the relevant trust board under section 47GB for the unexpired terms of their original appointment as trustees.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the National Parks and Wildlife Amendment Act 1996 .
(2) Any such savings or transitional provision may, if the regulations so provide, take effect on the date of assent to that Act or a later day.
(3) To the extent to which any such savings or transitional provision takes effect on 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.
An advisory committee that immediately before the publication of a proclamation under Division 3 or 8 of Part 4A in respect of lands listed in Schedule 14 exercised functions in respect of those lands, ceases to exercise those functions on the date of that publication.
(1) On the publication of a proclamation under Division 3 or 8 of Part 4A in respect of lands listed in Schedule 14--(a) any SRA trust or regional park trust in existence for the lands immediately before that publication is dissolved, and(b) the members of the SRA trust board or the regional park board are removed from office.
(2) However, if the proclamation relates to a part or parts of lands listed in Schedule 14, the SRA trust or regional park trust ceases to hold office under this Act in relation to that part or those parts only of the lands on the date of that publication.
Anything done or omitted to be done before the commencement of an amendment made by Schedule 1 [2[#93] or [3[#93] to the National Parks and Wildlife Amendment (Transfer of Special Areas) Act 2001 is as valid as it would have been had the amendment been in force when the thing was done or omitted.
In this Part--
"amending Act" means the National Parks and Wildlife Amendment Act 2001 .
"relevant instrument" means this Act, any other Act, any instrument made under
an Act or any other instrument.
(1) On and from the commencement of Schedule 1 [26[#93] to the amending Act, a reference in a relevant instrument (whether the instrument was made before or after that commencement), other than a reference in this Schedule--(a) to land reserved as a national park, historic site or regional park includes a reference to land reserved as a national park, historic site or regional park, respectively, under this Act immediately before that commencement, and(b) to land reserved as a state conservation area includes a reference to land reserved as a state recreation area under this Act immediately before that commencement, and(c) to land reserved as a nature reserve, karst conservation reserve or Aboriginal area includes a reference to land dedicated as a nature reserve, karst conservation reserve or Aboriginal area, respectively, under this Act immediately before that commencement, and(d) to land dedicated under this Act as a nature reserve, karst conservation reserve or Aboriginal area includes a reference to land reserved under this Act as a nature reserve, karst conservation reserve or Aboriginal area, respectively, and(e) to land reserved as a state recreation area under this Act includes a reference to land reserved as a state conservation area under this Act, and(f) to land reserved under Part 4A in a particular classification includes a reference to land reserved as or dedicated to the same classification under that Part immediately before that commencement, and(g) to a wild and scenic river declared under this Act includes a reference to any river or part of a river declared as a wild river under this Act, and(h) to a wild river declared under this Act includes a reference to any river or part of a river declared as a wild and scenic river immediately before that commencement, and(i) to land declared to be a wilderness area under this Act is a reference to land reserved or dedicated under this Act and declared to be a wilderness area under the Wilderness Act 1987 .
(2) On and from the commencement of Schedule 1 [26[#93], a reference in any relevant instrument (other than this Act), being a reference in existence before that commencement--(a) to land dedicated under this Act is a reference to land within a nature reserve, karst conservation reserve or Aboriginal area, and(b) to land reserved under this Act is a reference to land within a national park, historic site, state recreation area, state conservation area or regional park.
(1) No amendment made by the amending Act affects any act, done before the commencement of that amendment, that effected a reservation, dedication or declaration under this Act in relation to an area.
(2) No amendment made by the amending Act alters the purposes for which any land was reserved or dedicated under this Act immediately before that amendment.
(1) On and from the commencement of Schedule 1 [33[#93] to the amending Act, land dedicated as a state game reserve under this Act immediately before that commencement is no longer so dedicated.
(2) On and from the commencement of Schedule 1 [42[#93] to the amending Act, land dedicated as a protected archaeological area under this Act immediately before that commencement is no longer so dedicated.
(3) On and from the commencement of Schedule 1 [37[#93] to the amending Act, land declared as a wilderness area under this Act immediately before that commencement is no longer so declared.
(4) On and from the commencement of Schedule 1 [44[#93] to the amending Act, land declared as a wildlife district under this Act immediately before that commencement is no longer so declared.
(5) On and from the commencement of Schedule 1 [45[#93] to the amending Act, land declared as a wildlife management area under this Act immediately before that commencement is no longer so declared.
On and from the commencement of Schedule 1 [26[#93] to the amending Act, the name of any land reserved as a state recreation area is changed to omit the word "Recreation" and insert instead the word "Conservation".
(1) On and from the commencement of Schedule 1 [33[#93] to the amending Act, a reference to a state game reserve in any provision of this Act (other than this Schedule) and in any provision of any other Act or instrument made under an Act is taken to have been omitted.
(2) On and from the commencement of Schedule 1 [42[#93] to the amending Act, a reference to a protected archaeological area in any provision of this Act (other than this Schedule) and in any provision of any other Act or instrument made under an Act is taken to have been omitted.
(3) On and from the commencement of Schedule 1 [44[#93] to the amending Act, a reference to a wildlife district in any provision of this Act (other than this Schedule) and in any provision of any other Act or instrument made under an Act is taken to have been omitted.
(4) On and from the commencement of Schedule 1 [45[#93] to the amending Act, a reference to a wildlife management area in any provision of this Act (other than this Schedule) and in any provision of any other Act or instrument made under an Act is taken to have been omitted.
Despite clause 1 of Schedule 7, a person who was a member of the Council immediately before the commencement of this clause is taken to be a member of the Council for the remainder of the term which the person was serving at that commencement.
(1) On the substitution of section 24 by the amending Act, an advisory committee constituted under that section and in existence at that substitution is dissolved.
(2) The first regional advisory committee constituted for an administrative region under section 24 after its substitution by the amending Act has as members each person who, immediately before that substitution, held office as a member of an advisory committee constituted under that section in respect of an area that was the same as, or formed part of, that administrative region.
(3) A person referred to in subclause (2) holds office only until the end of the term of office which the person was serving immediately before section 24 was substituted.
(4) The Aboriginal Cultural Heritage (Interim) Advisory Committee is dissolved.
(5) Despite clause 1 of Schedule 9, a person who was a member of the Aboriginal Cultural Heritage (Interim) Advisory Committee immediately before its dissolution by subclause (4) is taken to be a member of the Aboriginal Cultural Heritage Advisory Committee for the remainder of the term which the person was serving at that dissolution.
(1) A plan of management adopted under Part 5, before its amendment by the amending Act, for land the subject of a reservation, dedication or declaration under this Act continues to apply to the land as a plan of management for the purposes of this Act as so amended.
(2) A plan of management referred to in subclause (1) may be amended or revoked in accordance with Part 5 as amended by the amending Act.
(3) A plan of management prepared under Part 5 before its amendment by the amending Act and notice of which has been given in accordance with that Part for the purpose of enabling public submissions on the plan--(a) may be adopted in accordance with Part 5 as if that Part had not been so amended, and(b) if adopted, is taken to have been adopted under Part 5 as so amended.
In any other Act or instrument, a reference to a relic within the meaning of this Act is taken to be a reference to an Aboriginal object.
No amendment made by the amending Act affects the validity of any lease, licence, easement or right of way in existence at the commencement of the amendment.
The operation of this Part is subject to the regulations.
A reference, in an amendment made to Parts 7, 7A, 8 or 8A by the Threatened Species Conservation Amendment Act 2002 , to a conservation agreement, or a joint management agreement entered into under Part 7 of the Threatened Species Conservation Act 1995 , does not extend to any agreement entered into before the commencement of the amendment concerned.
The amendments made to Divisions 2 and 3 of Part 9 by the Threatened Species Conservation Amendment Act 2002 do not apply in respect of any licence issued before the commencement of those amendments.
(1) Sections 132C (2) and 132D, as inserted by the Threatened Species Conservation Amendment Act 2002 , do not apply in respect of state conservation areas or Aboriginal areas until the commencement of Schedule 1 [26[#93] to the National Parks and Wildlife Amendment Act 2001 .
(2) Until the commencement of Schedule 1 [28[#93] to the National Parks and Wildlife Amendment Act 2001 , the provisions of sections 132C (2) and 132D (a), as inserted by the Threatened Species Conservation Amendment Act 2002 , are taken to apply in respect of state recreation areas in the same way as they apply to the other areas mentioned in those provisions.
(3) Until the commencement of Schedule 1 [33[#93] to the National Parks and Wildlife Amendment Act 2001 , the provisions of sections 132C (2) and 132D (a), as inserted by the Threatened Species Conservation Amendment Act 2002 , are taken to apply in respect of state game reserves in the same way as they apply to the other areas mentioned in those provisions.
(4) Until the commencement of Schedule 1 [44[#93] to the National Parks and Wildlife Amendment Act 2001 , the provisions of sections 132C (2) and 132D (b), as inserted by the Threatened Species Conservation Amendment Act 2002 , are taken to apply in respect of wildlife districts in the same way as they apply to the other areas mentioned in those provisions.
(5) Until the commencement of Schedule 1 [45[#93] to the National Parks and Wildlife Amendment Act 2001 , the provisions of sections 132C (2) and 132D (b), as inserted by the Threatened Species Conservation Amendment Act 2002 , are taken to apply in respect of wildlife management areas in the same way as they apply to the other areas mentioned in those provisions.
(1) A person who is duly authorised for the purposes of section 164 or 165 immediately before the commencement of section 156B is, on that commencement taken to have been appointed as an authorised officer under that section.
(2) The functions conferred on an authorised officer by section 156B extend to matters arising before the commencement of that section.
(1) In this Part--
"amending Act" means the National Parks and Wildlife Amendment (Jenolan Caves Reserves) Act 2005 .
"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"conveyance" includes transfer, assignment and assurance.
"Department" means the Department of Environment and Conservation.
"Director-General" means the Director-General of the Department.
"instrument" means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
"liabilities" means all liabilities, debts or obligations (whether present or future and whether vested or contingent).
"relevant period" means the period commencing on the repeal of section 58V by the amending Act and ending on a day to be appointed by proclamation, being a day subsequent to the day on which the Minister first adopts a plan of management for the Jenolan Caves Visitor Use and Services Zone after the period commences.
"rights" means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).
"the Jenolan Caves Reserves" means the lands reserved under repealed section 58U as the Abercrombie Karst Conservation Reserve, the Jenolan Karst Conservation Reserve and the Wombeyan Karst Conservation Reserve, and any other lands reserved as, or as part of, a karst conservation reserve the care, control and management of which was vested in the Jenolan Caves Reserve Trust, immediately before the repeal of section 58V by the amending Act.
"the Jenolan Caves Visitor Use and Services Zone" means the areas in the Jenolan Caves Reserves shown, on the commencement of this definition, edged heavy black on the map marked " Jenolan Caves Visitor Use and Services Zone ", copies of which are deposited in the offices of the Department at Haymarket, Hurstville and Parramatta.
"Trust" means the Jenolan Caves Reserve Trust constituted under repealed section 58V.
"Trust Board" means the Jenolan Caves Reserve Trust Board established under repealed section 58ZA.
(2) In this Part, a reference to a
"repealed section" , a
"repealed clause" or a
"repealed Schedule" is a reference to the section, the clause or the Schedule as in force immediately before its repeal by the amending Act.
The provisions of this Part are subject to any regulations made under clause 1.
A reference in any other Act, or in any instrument made under any Act or in any instrument of any kind--
(a) to the Trust is to be read as a reference to the Director-General, and
(b) to the staff (however expressed) of the Trust is to be read as a reference to the staff of the Department, and
(c) to Jenolan Caves Reserve Trust lands is to be read as a reference to the Jenolan Caves Reserves.
The care, control and management of the Jenolan Caves Reserves vests in the Director-General for the purposes of this Act.
(1) The assets, rights and liabilities of the Trust are transferred to the Director-General and the following provisions have effect--(a) those assets vest in the Director-General by virtue of this clause and without the need for any conveyance,(b) those rights and liabilities become the rights and liabilities of the Director-General,(c) all proceedings relating to those assets, rights and liabilities commenced before the transfer by or against the Trust and pending immediately before the transfer are taken to be proceedings pending by or against the Director-General,(d) any act, matter or thing relating to those assets, rights and liabilities done or omitted to be done before the transfer by, to or in respect of the Trust is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Director-General.
(2) Duty is not chargeable in respect of the transfer of assets, rights and liabilities under this clause.
The persons employed, immediately before the repeal of section 58V by the amending Act, under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service to enable the Trust to exercise its functions are transferred to the Department and become members of staff of the Department.
(1) A reference in any other Act, or in any instrument made under any Act or in any instrument of any kind to the Trust Board is to be read as a reference to the Director-General.
(2) Any act, matter or thing done or omitted to be done by, to or in respect of the Trust Board is (to the extent that the act, matter or thing has any force or effect) to be taken to have been done or omitted to be done by, to or in respect of the Director-General.
A person who held office as a member of a committee established under section 58Z immediately before its repeal by the amending Act--
(a) ceases to hold office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office.
(1) Land reserved as a karst conservation reserve under repealed section 58U (1) continues to be so reserved as if that subsection (and repealed Schedule 4) had not been repealed.
(2) Repealed section 58U (2) and (3) (but not repealed section 58U (4)) continue to apply to the land referred to in subclause (1) as if those provisions had not been repealed.
No amendment made by the amending Act affects a reservation of land made by a notice referred to in repealed section 58W (4).
Any account maintained by the Trust under repealed section 58X and operating on the repeal of section 58V by the amending Act is to be closed by the Director-General and any amount standing to its credit is to be paid into the Fund.
The operation of this Part is not to be regarded--
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or
(d) as an event of default under any contract or other agreement.
(1) During the relevant period--(a) clause 47 (a) operates in relation to references to the Trust only to the extent that the Trust is not taken to continue under clause 58, and(b) clause 47 (b) operates in relation to references to staff of the Trust only to the extent that such staff have become members of staff of the Department under clause 50, and(c) clause 48 does not operate in relation to the Jenolan Caves Visitor Use and Services Zone, and(d) clause 49 does not operate in relation to assets, rights and liabilities of the Trust in relation to the Jenolan Caves Visitor Use and Services Zone, and(e) clause 50 operates only in relation to a person who was, immediately before the repeal of section 58V by the amending Act, employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Jenolan Caves Reserve Trust Division of the Government Service as the Jenolan ranger or as a permanent or temporary member of staff of the Wombeyan Caves, the Abercrombie Caves or the Karst Conservation Unit in that Division, and(f) clause 51 operates only to the extent that the Trust is not taken to continue under clause 58.
(2) Clauses 52 and 55 commence on the expiry of the relevant period.
(3) This clause, clause 58 and the definitions of
"the Jenolan Caves Visitor Use and Services Zone" and
"relevant period" in clause 45 (1), are repealed on the expiry of the relevant period.
(1) Despite the repeal of section 58V by the amending Act, the Trust is taken to continue during the relevant period for the purposes of this clause.
(2) The Minister is to appoint an administrator to manage the affairs of the Trust in relation to the Jenolan Caves Visitor Use and Services Zone during the relevant period.
(3) During the relevant period--(a) the administrator has all the responsibilities, powers, authorities, duties and functions that the Trust had in relation to the Jenolan Caves Visitor Use and Services Zone immediately before the repeal of section 58V by the amending Act, and(b) any provision amended or repealed by Schedule 1 to the amending Act that is relevant to the operation of paragraph (a) (including repealed section 58ZD) continues to apply for the purposes of, and to the extent required by, that paragraph, as if the provision had not been so amended or repealed.
(4) During the relevant period--(a) repealed section 58ZE (4)-(6) apply to the administrator as if those provisions were still in force, and(b) repealed clause 15 of Schedule 6 applies to the administrator, and any person acting under the direction of the administrator, as if that clause were still in force.
(5) During the relevant period, repealed Schedule 5A continues to apply to the staff of the Trust (other than staff referred to in clause 57 (1) (e)) as if that Schedule were still in force.
(6) On and from the commencement of the relevant period until the day on which the Minister first adopts a plan of management for the Jenolan Caves Visitor Use and Services Zone after that commencement, the Minister must not--(a) consent to any lease or licence of land within that Zone under repealed section 58ZB (as continued in force under subclause (3)), or(b) grant any lease of land within that Zone under section 151 (1) (d) or 151B or any licence in relation to land within that Zone under section 151 (1) (f),the term of which (including any option to renew) exceeds 2 years.
(7) The Trust is dissolved on the expiration of the relevant period.
An amendment made by Schedule 1 [17[#93] or [18[#93] to the amending Act does not apply to a lease or licence granted before the commencement of the amendment, or to the renewal of a lease or licence after that commencement under an option to renew that was granted before that commencement.
In this Part,
"amending Act" means the Statute Law (Miscellaneous Provisions) Act 2008 .
Any delegation made under section 21 by the Minister or the Director-General and in force immediately before the substitution of that section by the amending Act continues to have effect as if it were a delegation made by the Minister or the Director-General under section 21 as substituted, but may be revoked at any time by the Minister or the Director-General, as appropriate.
Any trapper's licence in force immediately before the commencement of the amending Act is taken to be a commercial fauna harvester's licence in force under section 123.
A licence or certificate issued by an authorised officer under Part 9 of the Act, and a condition or restriction attached to such a licence or certificate, that was in force immediately before that Part was amended by the amending Act is taken to have been issued or attached by the Director-General.
In this Part,
"amending Act" means the National Parks and Wildlife Amendment Act 2010 .
(1) A permit granted under section 87 (1) and in force immediately before the repeal of that subsection by the amending Act is taken to be an Aboriginal heritage impact permit issued under section 90 (as inserted by the amending Act) and is subject to the same terms and conditions on which it was granted.
(2) A consent granted under section 90 (2) and in force immediately before the repeal of that subsection by the amending Act is taken to be an Aboriginal heritage impact permit issued under section 90 (as inserted by the amending Act) and is subject to the same terms and conditions on which it was granted.
Section 87 (5) does not apply to the making of a regulation that adopts or prescribes, for the purposes of section 87 (3), the following codes of practice--
(a) the PNF code of practice within the meaning of Part 5A of the Native Vegetation Regulation 2005 (as in force at the date of assent to the amending Act),
(b) the Plantations and Reafforestation Code set out in the Appendix to the Plantations and Reafforestation (Code) Regulation 2001 (as in force at the date of assent to the amending Act).
A remediation direction under Division 3 of Part 6A may be given in relation to the commission of an offence that occurred before the commencement of that Division.
A court order under Division 3 of Part 15 may be made in relation to the commission of an offence that occurred before the commencement of that Division, but only where the court concerned finds the offence proved after that commencement.
(1) Any certificate purporting to be signed by a prescribed officer of the Service under section 181 (5) and in force immediately before the amendment of that subsection by the amending Act continues to be prima facie evidence of the matter or matters certified in it.
(2) Any certificate purporting to be signed by an officer of the Service authorised by the Director-General under section 181 (7) and in force immediately before the amendment of that subsection by the amending Act continues to be prima facie evidence of the matter or matters certified in it.
(3) A copy of any declaration or map of critical habitat published in the Gazette, being a copy purporting to be certified by an officer of the Service authorised by the Director-General under section 181 (9) before the amendment of that subsection by the amending Act, as being a true copy of such a declaration or map, continues to be admissible in any legal proceedings and is evidence of the matter or matters contained in the declaration or map.
The public register is to be collated as soon as is practicable after the commencement of section 188F.
(1) This clause applies to an exclusion order made before the commencement of section 188D that determined a width (not being a width greater than 30 metres) for an access road to be excluded from reservation under the Act by the order.
(2) On and from the commencement of this clause--(a) land of the determined width that follows the centreline of the access road (as it existed before the exclusion order was made) vests, if it is not already vested, in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from--(i) all trusts, obligations, estates, interests, rights of way or other easements, and(ii) any dedication, reservation, Crown grant or vesting to which the land is subject, and any such dedication, reservation, grant or vesting is revoked, and(b) the land referred to in paragraph (a) is taken to be an access road and may continue to be used for the purposes for which it was used immediately before the making of the exclusion order, and(c) if any land was vested in the Minister by virtue of being an access road, but is not covered by the land referred to in paragraph (a), the land is reserved as part of the reserved land within which it is situated.
(3) Subclause (2) (a) (i) does not apply in relation to a right of way granted under section 20A of the Forestry Act 1916 that is taken to have continued in force (as if it were granted under section 149 or 153 of this Act) by clause 8 (11) of Schedule 7 to the National Park Estate (Southern Region Reservations) Act 2000 .
(4) In this clause,
"access road" and
"exclusion order" have the same meanings that they have in section 188D.
(1) Despite section 81, a licence may be granted under section 152 in relation to a wilderness area (and operations under such a licence may be undertaken in the wilderness area) even if a plan of management under Part 5 of this Act that was adopted before the commencement of this clause prohibits commercial activities in that area.
(2) Nothing in subclause (1) affects any other prohibition or restriction in such a plan of management.Note : For example, despite subclause (1), a prohibition in an existing plan of management against all mountain biking in a specified wilderness area would still have effect to prohibit commercial mountain biking in that wilderness area.
(3) This clause ceases to have effect 5 years after the date on which it commences.
On the commencement of the amendments made to sections 71O and 71P of this Act by the Aboriginal Land Rights Amendment Act 2013 --
(a) any joint tenancy in relation to land created by the operation of section 71O or 71BK and in existence immediately before that commencement is severed, and
(b) the Aboriginal Land Councils that were the joint tenants hold the land as tenants in common.
Section 197 (10), as in force immediately before its repeal by the Biosecurity Act 2015 , continues to apply in relation to any time or period occurring before the repeal of Part 10 of the Local Land Services Act 2013 by the Biosecurity Act 2015 .
In this Part--
"amending Act" means the National Parks and Wildlife Amendment Act 2021 .
(1) This clause applies if notice of the preparation of a plan of management has been given under section 73A before the commencement.
(2) The period within which representations may be made under section 73A(2)(c), as in force before the commencement, continues to apply in relation to the plan of management.
(3) On the commencement, if the responsible authority for the plan of management--(a) has not forwarded the plan of management and representations received to the appropriate regional advisory committee and the Council--the responsible authority must comply with section 73A(6)-(9), as substituted by the amending Act, or(b) has forwarded the plan of management and representations received to the appropriate regional advisory committee and the Council-- sections 73A and 73B(1)-(6), as in force before the commencement, continue to apply in relation to the plan of management.
(4) Subclause (3) extends to an amendment, alteration or substitution of a plan of management under section 73B(7).
(5) In this clause--
"commencement" means the commencement of the amending Act, Schedule 1.2[6[#93].
(1) This clause applies in relation to an amendment, alteration or substitution of a plan of management under section 73B(7).
(2) The period of 45 days within which representations may be made that applied immediately before the commencement under section 73B(7) continues to apply to the amendment, alteration or substitution, if notice has been given under section 73A before the commencement.
(3) In this clause--
"commencement" means the commencement of the amending Act, Schedule 1.2[6[#93].
(1) The relocation of section 188H (the
"former section" ) to section 153G, as amended by the amending Act--(a) does not affect a declaration of land under the former section before the commencement of section 153G, and(b) does not affect regulations made under the former section or actions authorised by the regulations.
(2) A reference in an Act, instrument or other documents to the former section, made before the commencement of section 153G, is taken to be a reference to section 153G.