SCHEDULE 7 - Transitional and Savings Provisions Consequent on Environmental Management and Pollution Control Amendment (Environment Protection Authority) Act 2007

Section 107A

PART 1 - Preliminary

1.    Interpretation

In this Schedule –

commencement day means the day on which the Environmental Management and Pollution Control Amendment (Environment Protection Authority) Act 2007 commences;

former Act means this Act as in force immediately before the commencement day;

former Board means the Board of Environmental Management and Pollution Control established under section 12 of the former Act;

former Director means the Director of Environmental Management holding office under section 18 of the former Act immediately before the commencement day.

PART 2 - Board

2.    First ministerial statement of expectation

Despite section 15(1) , in 2008 the Minister is to provide the Board with a ministerial statement of expectation within 3 months after the commencement of the Environmental Management and Pollution Control Amendment (Environment Protection Authority) Act 2007 .

3.    Abolition of former Board

The former Board is abolished.

4.    Documents

A reference in any document to the former Board is taken, where appropriate, to be or include a reference to the Board.

5.    Continuation and institution of proceedings

On and after the commencement day –

(a) any legal or other proceedings instituted by or against the former Board before, and pending on, the commencement day may be continued by or against the Board; and

(b) any legal or other proceedings that, immediately before the commencement day, could have been instituted by or against the former Board may be instituted by or against the Board; and

(c) a judgment or order of a court obtained before the commencement day by or against the former Board may be enforced by or against the Board; and

(d) a document relating to legal or other proceedings that has been served on or by the former Board before the commencement day is taken, where appropriate, to have been served on or by the Board.

6.    Actions

Any action done or omitted by the former Board is taken, where appropriate, to have been done or omitted by the Board.

PART 3 - Director

7.    Director

The person appointed, and holding office immediately before the commencement day, as Director of Environmental Management under section 18 of the former Act is taken to have been appointed as Director, Environment Protection Authority under section 18 on the same conditions and for a term expiring on the same day.

8.    Documents

A reference in any document to the former Director is taken, where appropriate, to be or include a reference to the Director.

9.    Actions

Any action done or omitted by the former Director is taken, where appropriate, to have been done or omitted by the Director.

PART 4 - Panel

10.    Constitution of Panel for assessment of draft environment protection policy

(1) If, before the commencement day, notice has been given of a draft environment protection policy in accordance with section 96I , and the Panel has not –

(a) commenced the process of considering any submissions received in respect of that policy in accordance with section 96J ; or

(b) in the opinion of the chairperson, substantially progressed in that process of considering submissions –

the Panel is to be reconstituted in accordance with section 96A .

(2) If, before the commencement day, notice has been given of a draft environment protection policy in accordance with section 96I , and the Panel has –

(a) commenced the process of considering any submissions received in respect of that policy in accordance with section 96J ; and

(b) in the opinion of the chairperson, substantially progressed in that process of considering submissions –

the Panel as constituted immediately before the commencement day is to continue the process of the assessment of the relevant draft environment protection policy.

(3) If –

(a) a person immediately before the commencement day was a member of the Panel referred to in section 96A(2) (b), (c) or (d) of the former Act; and

(b) that person's membership of the Panel is continued by reason of subclause (2)  –

that person is taken, for the purpose of the assessment of the draft environment protection policy in relation to which the membership is continued under subclause (2) , to be a member of the Panel until the completion of that assessment.

11.    Cessation of membership of Panel

A person whose membership of the Panel ceases by reason of the amendments to section 96A effected by the Environmental Management and Pollution Control Amendment (Environment Protection Authority) Act 2007 is not entitled to any compensation or other payment in respect of the cessation of that membership.

PART 5 - Authorized Officers

12.    Authorized officers

A person appointed by the Secretary of the Department, and holding office immediately before the commencement day, as an authorized officer under section 20(2) or (4) of the former Act is taken to have been appointed by the Director as an authorized officer under section 20(2) or (4) on the same terms and conditions and for a term expiring on the same day.