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This is a Bill, not an Act. For current law, see the Acts databases.
Clean Coal Administration Amendment
Bill 2011
No , 2011
A Bill for
An Act to amend the Clean Coal Administration Act 2008 to rename the Act, to
reconstitute and rename the council established under the Act, to rename the fund
established under the Act and to update certain terminology.
Clause 1 Clean Coal Administration Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Clean Coal Administration Amendment Act 2011. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Clean Coal Administration Amendment Bill 2011
Amendment of Clean Coal Administration Act 2008 No 50 Schedule 1
Schedule 1 Amendment of Clean Coal 1
Administration Act 2008 No 50 2
[1] Long title 3
Omit the long title. 4
Insert instead "An Act to establish the Coal Innovation NSW Fund to provide 5
funding for low emissions coal technologies; and to establish Coal Innovation 6
NSW.". 7
[2] Section 1 8
Omit the section. Insert instead: 9
1 Name of Act 10
This Act is the Coal Innovation Administration Act 2008. 11
[3] Section 3 Definitions 12
Insert in alphabetical order: 13
CINSW means Coal Innovation NSW established by this Act. 14
[4] Section 3, definition of "clean coal technologies" 15
Omit the definition. Insert in alphabetical order: 16
low emissions coal technologies means technologies for 17
facilitating reduction of greenhouse gas emissions from the use of 18
coal. 19
[5] Section 3, definition of "the Council" 20
Omit the definition. 21
[6] Sections 3, definition of "the Fund" and 4 (1) 22
Omit "the Clean Coal Fund" wherever occurring. 23
Insert instead "the Coal Innovation NSW Fund". 24
[7] Part 2, heading 25
Omit "Clean Coal Fund". Insert instead "Coal Innovation NSW Fund". 26
[8] Sections 5, 7 (6) and 11 (1) (b)(e) 27
Omit "clean coal technologies" wherever occurring. 28
Insert instead "low emissions coal technologies". 29
Page 3
Clean Coal Administration Amendment Bill 2011
Schedule 1 Amendment of Clean Coal Administration Act 2008 No 50
[9] Sections 7 (1) (b), 11, 12 and 13, Schedule 1, clauses 1, definitions of 1
"Chairperson" and "member", 5 (1) (e), 812 and 13 (1)(4) 2
Omit "The Council" and "the Council" wherever occurring. 3
Insert instead "CINSW". 4
[10] Part 3, heading 5
Omit "Clean Coal Council". Insert instead "Coal Innovation NSW". 6
[11] Section 9 Establishment of CINSW 7
Omit "a Clean Coal Council". Insert instead "Coal Innovation NSW". 8
[12] Section 10 9
Omit the section. Insert instead: 10
10 Membership of CINSW 11
(1) CINSW is to consist of the following members appointed by the 12
Minister: 13
(a) an independent person appointed by the Minister to be the 14
Chairperson of CINSW, 15
(b) 2 persons, each of whom is employed in or by a 16
government agency, 17
(c) 2 persons who are nominated jointly by the Australian 18
Coal Association and the Minerals Council to represent the 19
New South Wales black coal industry, 20
(d) such other persons (up to a maximum of 4) as the Minister 21
may appoint from time to time, being persons whom the 22
Minister considers have qualifications or experience 23
relevant to the functions of CINSW. 24
(2) If either or both of the nominations required for the purposes of 25
subsection (1) (c) are not made within such time or in such 26
manner as may be specified by the Minister by notice to the 27
Australian Coal Association and the Minerals Council, the 28
Minister may appoint any person or persons so that 2 members 29
are appointed to represent the New South Wales black coal 30
industry. 31
(3) Schedule 1 contains provisions relating to members of CINSW. 32
Page 4
Clean Coal Administration Amendment Bill 2011
Amendment of Clean Coal Administration Act 2008 No 50 Schedule 1
[13] Schedule 1 1
Omit the heading and source reference. Insert instead: 2
Schedule 1 Provisions relating to members and 3
procedure of CINSW 4
(Section 10 (3)) 5
[14] Schedule 1, clause 14 6
Omit "of the Council". 7
Insert instead "of CINSW after the commencement of the Clean Coal 8
Administration Amendment Act 2011". 9
[15] Schedule 2 10
Insert after Schedule 1: 11
Schedule 2 Savings, transitional and other 12
provisions 13
Part 1 General 14
1 Regulations 15
(1) The regulations may contain provisions of a savings or 16
transitional nature consequent on the enactment of the following 17
Acts: 18
Clean Coal Administration Amendment Act 2011 19
(2) Any such provision may, if the regulations so provide, take effect 20
from the date of assent to the Act concerned or a later date. 21
(3) To the extent to which any such provision takes effect from a date 22
that is earlier than the date of its publication on the NSW 23
legislation website, the provision does not operate so as: 24
(a) to affect, in a manner prejudicial to any person (other than 25
the State or an authority of the State), the rights of that 26
person existing before the date of its publication, or 27
(b) to impose liabilities on any person (other than the State or 28
an authority of the State) in respect of anything done or 29
omitted to be done before the date of its publication. 30
Page 5
Clean Coal Administration Amendment Bill 2011
Schedule 1 Amendment of Clean Coal Administration Act 2008 No 50
Part 2 Provisions consequent on enactment of 1
Clean Coal Administration Amendment Act 2
2011 3
2 Definition 4
In this Part: 5
amending Act means the Clean Coal Administration Amendment 6
Act 2011. 7
3 Cessation of appointment of members 8
A person holding office as a member of the Clean Coal Council 9
immediately before the substitution of section 10 by the 10
amending Act: 11
(a) ceases to hold that office on that substitution, and 12
(b) is not entitled to any remuneration or compensation 13
because of loss of that office, and 14
(c) is eligible (if otherwise qualified) to be appointed as a 15
member of Coal Innovation NSW. 16
4 Continuation of Fund 17
(1) The Coal Innovation NSW Fund is a continuation of the Clean 18
Coal Fund operating under this Act immediately before the 19
commencement of the amending Act. 20
(2) In any Act (other than this Act), in any instrument made under 21
any Act or in any document, a reference to the Clean Coal Fund 22
is taken to be a reference to the Coal Innovation NSW Fund. 23
Page 6
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