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ENVIRONMENTAL REFORM (CONSEQUENTIAL PROVISIONS) ACT 1999 NO. 92, 1999 - SCHEDULE 5 - Whale Protection Act 1980: repeal etc.

ENVIRONMENTAL REFORM (CONSEQUENTIAL PROVISIONS) ACT 1999 NO. 92, 1999 - SCHEDULE 5

- Whale Protection Act 1980: repeal etc. Part 1—Repeal

Whale Protection Act 1980

1 The whole of the Act

Repeal the Act.

Part 2—Saving and transitional provisions

2 Definitions

In this Part:

new Act means the Environment Protection and Biodiversity Conservation Act 1999 .

Whale Act means the Whale Protection Act 1980 .

3 Continued operation of permits

(1) Despite the repeal of the Whale Act:

(a)
a permit that was issued under that Act and was in force immediately before the repeal of that Act continues in force for the period for which it would have been in force if that Act had not been repealed; and

(b)
that Act, and instruments (including regulations and authorities) made under that Act, as in force immediately before the repeal of that Act, continue to operate in relation to the permit and the action covered by the permit as if references in that Act to the Minister were references to the Minister administering Division 3 of Part 13 of the new Act.

(2) However, paragraph (1)(b) does not allow the transfer of the permit.

4 Continued appointment of inspectors

Inspectors

(1) An instrument appointing a person as an inspector that was in force under section 21 of the Whale Act immediately before the commencement of the new Act continues in force for the purposes of the new Act as if it had been made under section 396 of the new Act (so the person is appointed as an inspector under section 396 of the new Act).

Termination of appointments

(2) This item does not prevent the revocation of an instrument of appointment.

Identity cards for inspectors

(3) An identity card issued under section 23 of the Whale Act to a person who is appointed as an inspector for the purposes of the new Act because of this item continues in force for the purposes of the new Act as if it had been issued to the person under section 399 of the new Act.

Part 3—Consequential amendment of other Acts

Antarctic Marine Living Resources Conservation Act 1981

5 Section 12

Add at the end:

; or (e) the holder of the permit has been found by a court to have contravened a civil penalty provision (as defined in the Environment Protection and Biodiversity Conservation Act 1999 ) in:

(i)
Division 1 of Part 3 of that Act; or
(ii)
Subdivision A of Division 2 of Part 3 of that Act; or
(iii)
Division 2 of Part 9 of that Act; or
(f)
the holder of the permit has been convicted of an offence against one or more of the following provisions of the Environment Protection and Biodiversity Conservation Act 1999 :

(i)
Division 1 of Part 3;
(ii)
Subdivision A of Division 2 of Part 3;
(iii)
Division 2 of Part 9;
(iv)
Part 13.

Part 4—Refunds

6 Refund of fees relating to permits

Application of this item

(1) This item applies if, before the commencement of the Environment Protection and Biodiversity Conservation Act 1999 :

(a)
a person had paid the fee required by section 19 of the Whale Protection Act 1980 for an application for the grant or transfer of a permit under the Whale Protection Act 1980 ; and

(b)
the Minister administering that Act had not decided whether to grant, or to refuse to grant, the permit or transfer.

Applicant entitled to refund

(2) The Commonwealth must pay the person an amount equal to the fee.

This item is not an appropriation

(3) To avoid doubt, this item does not appropriate money.