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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - SECT 49

Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III

    (1)     The regulations may make provision and in relation to giving effect to Regulations 1 to 6 (inclusive) of Annex III.

    (2)     Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.

    (3)     Orders made in pursuance of regulations made under subsection (1) are subject to disallowance by Parliament.

    (4)     Section 28 of the Interpretation of Legislation Act 1984 and sections 5 and 6 of the Subordinate Legislation Act 1962 apply in relation to orders made in pursuance of regulations made under subsection (1) as if references in those sections to subordinate instruments or statutory rules were references to such orders.

    (5)     Unless the contrary intention appears, expressions used in orders made in pursuance of the regulations made under subsection (1) have the same meanings as in this Division.

    (6)     Orders made in pursuance of the regulations made under subsection (1) shall be read subject to this Part and the regulations and so as not to exceed the power conferred by this Part and the regulations to the intent that where such orders would, but for this subsection, have been construed as being in excess of the power conferred by subsection (1) and the regulations, they shall be deemed to be valid orders to the extent that they are not in excess of that power.

    (7)     Where an order made in pursuance of the regulations made under subsection (1) is inconsistent with a provision of this Part or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.

Pt 3 Div. 5 (Heading and ss 5055) inserted by No. 46/1991
s. 32.

Division 5—Sewage pollution prevention certificates

S. 50
inserted by No. 46/1991 s. 32.



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