New South Wales Repealed Acts

This legislation has been repealed.

NOXIOUS WEEDS ACT 1993 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 74)

1 Former Part

In this Schedule, the
"former Part" means Part 22 of the Local Government Act 1919 .

2 Regulations

(1) The regulations may make provision of a savings or transitional nature consequent on the enactment of this Act and the following Acts:

Noxious Weeds Amendment Act 2005

Noxious Weeds Amendment Act 2012

Primary Industries Legislation Amendment (Biosecurity) Act 2012

(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 any thing done or omitted to be done before the date of the publication.

3 Noxious Plants Advisory Committee

(1) A person who, immediately before the repeal of the former Part, held office as a member of the Noxious Plants Advisory Committee:

(a) ceases to hold that office on that repeal, and

(b) is eligible (if otherwise qualified) to be appointed as a member of an advisory committee under this Act.

(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.

4 References to noxious plants

A reference in any other Act, in any instrument made under any such Act or in any instrument of any kind to a noxious plant or to an aquatic pest that is a noxious plant is taken to be a reference to a noxious weed under this Act.

5 Rates by rural lands protection boards

Nothing in this Act affects the validity of, or the liability of any person to pay, any rate made or levied by a rural lands protection board pursuant to section 470 of the Local Government Act 1919 .

6 Existing arrangements etc not affected

Any arrangement or agreement made by a council with an occupier or owner of land under the former Part, and in force immediately before the repeal of the former Part, is taken to have been made under this Act and this Act applies accordingly.

7 Notices

A notice given by a council or the Minister under the former Part, and in force immediately before the repeal of the former Part, is taken to have been given under this Act and this Act applies accordingly as if the action required to be taken under the notice could be required to be taken under this Act.

8 Weed control orders and notices

(1) A weed control order in force immediately before the commencement of Part 2, as inserted by the Noxious Weeds Amendment Act 2005 , ceases to have effect on that commencement.

(2) Before making the first weed control order on the commencement of Part 2, as so inserted, the Minister must consider the suitability of all plants that were noxious weeds on the date of assent to this Act for inclusion in a weed control order.

(3) A weed control notice in force before that commencement continues to have effect on or after that commencement, and may be enforced, as if this Act had not been amended by the Noxious Weeds Amendment Act 2005 .

(4) The Minister is not required to comply with section 9, as inserted by that Act, in respect of any weed control order made not later than 6 months after that commencement.

9 Existing orders and declarations under section 31

(1) In this clause:

"amending Act" means the Noxious Weeds Amendment Act 2012 .

(2) An order made in relation to agricultural machines under section 31 (2) and in force immediately before the substitution of that subsection by the amending Act is taken to be an order made in relation to machinery or equipment under section 31 (2) as so substituted.

(3) Any declaration lodged or other thing done under and in accordance with section 31 (3) before its amendment by the amending Act is taken to have been lodged or done under and in accordance with that subsection as so amended.