Western Australian Current Acts Western Australian Current Acts[s. 126]
[Heading amended: No. 19 of 2010 s. 4.]
1. Any order made under section 8 of the repealed
Act and in force immediately before the coming into operation of this clause
ceases to have effect on that coming into operation.
2. Every person holding office as an Authority
member within the meaning of the repealed Act immediately before the coming
into operation of this clause shall on that coming into operation be deemed to
have been appointed under section 7 to be an Authority member for the
remainder of the period for which he would, but for the repeal of the repealed
Act, have held office as an Authority member within the meaning of the
repealed Act, and may from time to time be reappointed under that section.
3. Every person appointed under section 10(2) of
the repealed Act and still so appointed immediately before the coming into
operation of this clause shall on that coming into operation cease to be so
appointed.
4. The Minister shall under section 7 appoint one
of the persons deemed by clause 2 to have been appointed under that section to
be Authority members to be the Chairman of the Authority and another of those
persons to be the Deputy Chairman of the Authority.
5. The Department of Conservation and Environment
referred to in section 12 of the repealed Act is abolished.
6. The office of Director of Conservation and
Environment referred to in section 13 of the repealed Act is abolished.
7. The Council within the meaning of the repealed
Act is abolished.
8. Every Council member within the meaning of the
repealed Act, every person appointed under section 18 of the repealed Act and
every deputy of such a Council member appointed under section 21 of the
repealed Act who holds office, or whose appointment subsists, immediately
before the coming into operation of this clause ceases to hold office or his
appointment terminates, as the case requires, on that coming into operation.
9. The appointment of a committee and of the
members thereof under section 27 of the repealed Act subsisting immediately
before the coming into operation of this clause shall terminate on that coming
into operation.
10. The establishment of a committee under
section 30(4) of the repealed Act subsisting immediately before the coming
into operation of this clause shall terminate on that coming into operation.
11. Any person invited to act in an advisory
capacity to the Authority under section 30(4) of the repealed Act and so
acting immediately before the coming into operation of this clause shall on
that coming into operation cease so to act.
12. Any model by-laws published under
section 30(4) of the repealed Act and in force immediately before the coming
into operation of this clause shall on that coming into operation cease to be
in force.
13. Any regulations made under section 30(4) of
the repealed Act and in force immediately before the coming into operation of
this clause shall on that coming into operation cease to be in force.
14. Any criteria established and developed under
section 30(4)(j), and any standards and criteria and methods of sampling and
testing specified under section 30(4)(k), of the repealed Act and subsisting
immediately before the coming into operation of this clause shall on that
coming into operation continue to subsist for the purposes of this Act —
(a)
unless inconsistent with any standards prescribed for the purposes of this
Act; or
(b) if
not inconsistent within the meaning of paragraph (a), until abolished by the
CEO.
15. A delegation made under section 31 of the
repealed Act and in force immediately before the coming into operation of this
clause shall on that coming into operation be deemed to have been made under
section 19 and may be amended or revoked accordingly.
16. A request made under section 54(1) of the
repealed Act and not complied with before the coming into operation of this
clause shall be deemed on that coming into operation to be a requirement made
under section 38(3).
17. A matter referred to the Minister for
Conservation and Environment under section 55(1) of the repealed Act and not
reported on to him by the Authority before the coming into operation of this
clause shall be deemed on that coming into operation to be a proposal referred
to the Authority under section 38.
18. A matter referred to the Authority under
section 56(1) of the repealed Act and not reported on by the Authority to the
Minister for Conservation and Environment before the coming into operation of
this clause shall be deemed on that coming into operation to be a proposal
referred to the Authority under section 38.
19. A requirement made under section 59(2) of the
repealed Act and not complied with before the coming into operation of this
clause shall be deemed on that coming into operation to be a requirement
contained in a pollution abatement notice served on the person whose duty it
was to comply with the first-mentioned requirement.
20. (1) Subject to
subitem (2), in any —
(a)
written law;
(b)
agreement, whether in writing or not;
(c) deed
or other instrument,
unless the context is
such that it would be incorrect or inappropriate, a reference to —
(d) an
Environmental Appeal Board shall be construed as a reference to an appeals
committee; or
(e) the
Conservation and Environment Council shall be construed as a reference to the
Authority; or
(f) the
Department shall be construed as a reference to the Authority; or
(g) the
Director shall be construed as a reference to the CEO; or
(h) the
repealed Act or to a provision thereof shall be construed as a reference to
this Act or to the equivalent provision thereof, if any, as the case requires.
(2) The Minister, by
notice published in the Gazette , may determine that a reference in any
written law, agreement, deed or other instrument referred to in subitem (1) to
“the Department of Conservation and Environment” or “the
Department” shall be construed as a reference to the Department of the
Public Service of the State through which this Act is administered, and the
determination shall have effect accordingly.
[Schedule 3 amended: No. 54 of 2003 s. 139 and
140(2).]