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WILDLIFE ACT 1975 - SECT 93

Transitional provisions—2008 Act

    (1)     In this Part—

2008 Act means the Wildlife Amendment (Marine Mammals) Act 2008 ;

"limited permit area notice", in respect of an area, means a notice given by the Secretary under section 83G that the Secretary proposes to make a limited permit area determination in respect of the area;

"new Part X "means Part X of the Wildlife Act 1975 as amended by section 27 of the 2008 Act;

"old Part X" means Part X of the Wildlife Act 1975 as in force immediately before the commencement of section 27 of the 2008 Act.

    (2)     The amendments made to this Act by sections 6, 7, 8, 10, 11 and 12 of the 2008 Act apply only to offences alleged to have been committed on or after the commencement of those sections.

    (3)     For the purposes of subsection (2), if an offence is alleged to have been committed between two dates, one before and one after the commencement of sections 6, 7, 8, 10, 11 and 12 of the 2008 Act, the offence is alleged to have been committed before the commencement of those sections.

    (4)     On the commencement of section 27 of the 2008 Act, an area that, immediately before that commencement was proclaimed to be a whale swim tour area under the old Part X, is to be taken to be a limited permit area as if it has been determined to be so under section 83F.

    (5)     A permit issued under Division 2 of the old Part X, that is in force immediately before the commencement of section 27 of the 2008 Act, is to be taken to continue in force, despite that commencement, until its expiry, unless it is sooner cancelled—

        (a)     on the same terms and conditions as those that applied to it immediately before that commencement and in respect of the same area as that for which it was granted before that commencement; and

        (b)     as if it were a permit issued under the new Part X.

S. 94
inserted by No. 45/2008 s. 34.



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