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This is a Bill, not an Act. For current law, see the Acts databases.
Statute Law (Miscellaneous
Provisions) Bill (No 2) 2011
No , 2011
A Bill for
An Act to repeal certain Acts and instruments and to amend certain other Acts and
instruments in various respects and for the purpose of effecting statute law revision;
and to make certain savings.
Clause 1 Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2011. 3
2 Commencement 4
(1) This Act commences on 6 January 2012 except as provided by 5
subsection (2). 6
(2) However, the amendments made by the Schedules to this Act 7
commence on the day or days specified in those Schedules in relation to 8
the amendments concerned. If a commencement day is not specified, 9
the amendments commence in accordance with subsection (1). 10
3 Explanatory notes 11
The matter appearing under the heading "Explanatory note" in any of 12
the Schedules does not form part of this Act. 13
Page 2
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
Schedule 1 Minor amendments 1
1.1 Building Professionals Act 2005 No 115 2
Section 97 Review of Act 3
Omit "5 years" wherever occurring in section 97 (2) and (3). 4
Insert instead "7 years". 5
Explanatory note 6
The proposed amendment to the Building Professionals Act 2005 (the Act) provides 7
that the statutory review of the Act (being the review to determine whether the policy 8
objectives of the Act remain valid and whether the terms of that Act remain appropriate 9
for securing those objectives) is to be undertaken as soon as possible after the period 10
of 7 years, rather than 5 years, after the date of assent to the Act (which occurred on 11
7 December 2005). The report on the outcome of the review is to be tabled in each 12
House of Parliament within 12 months after the end of that 7 year period (that is, within 13
12 months after 7 December 2012). 14
1.2 Commercial Agents and Private Inquiry Agents Act 2004 15
No 70 16
Schedule 4 Savings, transitional and other provisions 17
Insert after Part 3: 18
Part 4 Provisions consequent on establishment 19
of Security Licensing and Enforcement 20
Directorate 21
14 Delegations 22
The delegation by the Commissioner under section 36 of this Act 23
dated 6 April 2006 is taken to include, and to have included from 24
21 March 2011, a delegation to the persons holding the following 25
offices in the Security Licensing and Enforcement Directorate, 26
State Crime Command, NSW Police Force: 27
(a) Director, 28
(b) General Manager, Industry Regulation, 29
(c) General Manager, Operations, 30
(d) Manager, Adjudication, 31
(e) Manager, Assessment and Prevention, 32
(f) Manager, Compliance and Enforcement, 33
(g) Manager, Customer Relations, 34
(h) Manager, Licensing Services, 35
Page 3
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 1 Minor amendments
(i) Senior Compliance Enforcement Officer, 1
(j) Compliance and Enforcement Officer, 2
(k) Senior Assessment Officer, 3
(l) Assessment Officer, 4
(m) Adjudication Officer. 5
Explanatory note 6
The proposed amendment to the Commercial Agents and Private Inquiry Agents 7
Act 2004 (the Act) makes it clear that the restructure within the NSW Police Force that 8
included the replacement of the Security Industry Registry with the Security Licensing 9
and Enforcement Directorate does not and did not affect the delegation of the 10
Commissioner's functions under the Act. 11
1.3 Community Land Management Act 1989 No 202 12
Section 78 Order by Tribunal substituting schedule of unit entitlements 13
Insert "(2) or" after "subsection" in section 78 (1). 14
Explanatory note 15
The proposed amendment to the Community Land Management Act 1989 makes it 16
clear that section 78 (1) of that Act (which specifies the circumstances in which certain 17
orders of the Consumer, Trader and Tenancy Tribunal can be made) applies in relation 18
to orders made in accordance with both subsections (2) and (3) of that section (as also 19
suggested by the language used in subsection (1) of that section). 20
1.4 Companion Animals Act 1998 No 87 21
Section 5 Definitions 22
Omit the definition of dog in section 5 (1). Insert instead: 23
dog means an animal (of either sex, or desexed, and whether or 24
not domesticated) of a species with the scientific name Canis 25
familiaris, Canis lupus familiaris, Canis lupus dingo, Canis 26
familiaris dingo or Canis dingo, or a synonym of any of those 27
names, and including a hybrid of any of those species. 28
Note. The Wild Dog Destruction Act 1921 continues to apply to dingoes 29
in the Western Division within the meaning of the Crown Lands Act 1989. 30
Section 26 of the Wild Dog Destruction Act 1921 creates an offence if a 31
person has in the person's possession any dingo or half-breed dingo 32
without the written authority of the Wild Dog Destruction Board. 33
Explanatory note 34
The proposed amendment to the Companion Animals Act 1998 (the Act) updates the 35
definition of dog in the Act to include certain new species names of dingoes so as to 36
ensure that dingoes continue to be regulated in accordance with the Act. 37
Page 4
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
1.5 Consumer, Trader and Tenancy Tribunal Act 2001 No 82 1
Section 28 Procedure of Tribunal generally 2
Omit "Subsection (5) (g)(i)" from section 28 (7). 3
Insert instead "Subsection (5) (g) and (i)". 4
Explanatory note 5
The proposed amendment to the Consumer, Trader and Tenancy Tribunal Act 2001 6
makes it clear that proceedings in the Consumer, Trader and Tenancy Tribunal arising 7
under the Strata Schemes Management Act 1996 and the Community Land 8
Management Act 1989 can be withdrawn by the applicant (the same as any other type 9
of proceedings in the Tribunal). 10
1.6 Environmental Planning and Assessment Act 1979 No 203 11
[1] Section 96AA Modification by consent authorities of consents granted 12
by the Court 13
Insert at the end of section 96AA (1B): 14
This subsection does not apply to State significant development. 15
[2] Section 98 Appeal by an objector 16
Insert "and, for that purpose, a reference in this Act to objector includes a 17
person who has made a submission under section 89F (3) by way of objection 18
to a development application for consent to carry out such State significant 19
development" after "determination of the application" in section 98 (4). 20
[3] Section 115Y Environmental assessment requirements for approval 21
Omit "in the form approved by the Director-General" from section 115Y (2). 22
Insert instead "in the form prescribed by the regulations". 23
Explanatory note 24
Item [1] of the proposed amendments to the Environmental Planning and Assessment 25
Act 1979 (the Act) amends a provision that deals with the modification of development 26
consents granted by the Land and Environment Court in order to make it consistent 27
with provisions that deal with development consents that are granted by a consent 28
authority. Currently, section 96 (5) of the Act provides that restrictions on the 29
modification of development consents granted by consent authorities (being 30
restrictions relating to threatened species and biobanking statements) do not apply to 31
State significant development. The amendment provides for a similar exemption where 32
the development consent to carry out State significant development is granted by the 33
Land and Environment Court. 34
Item [2] makes a minor clarifying amendment relating to objectors to designated 35
development to take account of objectors to State significant development (being 36
development that would be designated development if it were not declared to be State 37
significant development). 38
Item [3] provides that environmental impact statements for State significant 39
infrastructure must be prepared in the form prescribed by the regulations (rather than 40
Page 5
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 1 Minor amendments
in the form approved by the Director-General), consistently with other provisions of the 1
Act relating to environmental impact statements. 2
1.7 Explosives Act 2003 No 39 3
Schedule 1 Savings, transitional and other provisions 4
Insert after Part 2: 5
Part 3 Provisions consequent on establishment 6
of Security Licensing and Enforcement 7
Directorate 8
7 Delegations 9
The delegation by the Commissioner under section 31 of the 10
Police Act 1990 dated 24 October 2006 of the Commissioner's 11
functions under section 13 of this Act is taken to include, and to 12
have included from 21 March 2011, a delegation to the persons 13
holding the following offices in the Security Licensing and 14
Enforcement Directorate, State Crime Command, NSW Police 15
Force: 16
(a) Director, 17
(b) General Manager, Industry Regulation, 18
(c) General Manager, Operations, 19
(d) Manager, Adjudication, 20
(e) Manager, Assessment and Prevention, 21
(f) Manager, Licensing Services, 22
(g) Senior Assessment Officer, 23
(h) Assessment Officer, 24
(i) Adjudication Officer. 25
Explanatory note 26
The proposed amendment to the Explosives Act 2003 makes it clear that the 27
restructure within the NSW Police Force that included the replacement of the Security 28
Industry Registry with the Security Licensing and Enforcement Directorate does not 29
and did not affect the delegation of the Commissioner's functions under that Act. 30
1.8 Health Care Complaints Act 1993 No 105 31
Section 4 Definitions 32
Omit "masseurs," from paragraph (j) of the definition of health service. 33
Insert instead "massage therapists,". 34
Page 6
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
Explanatory note 1
The proposed amendment to the Health Care Complaints Act 1993 amends the 2
definition of health service by updating the terminology used in reference to persons 3
who practise massage therapy. 4
1.9 Health Records and Information Privacy Act 2002 No 71 5
Section 4 Definitions 6
Omit "masseurs," from paragraph (j) of the definition of health service in 7
section 4 (1). 8
Insert instead "massage therapists,". 9
Explanatory note 10
The proposed amendment to the Health Records and Information Privacy Act 2002 11
amends the definition of health service by updating the terminology used in reference 12
to persons who practise massage therapy. 13
1.10 Innovation Council Act 1996 No 77 14
[1] Long title 15
Omit "New South Wales Innovation Council". 16
Insert instead "New South Wales Innovation and Productivity Council". 17
[2] Section 1 Name of Act 18
Omit "Innovation Council Act 1996". 19
Insert instead "Innovation and Productivity Council Act 1996". 20
[3] Section 3 Definitions 21
Omit "New South Wales Innovation Council" from the definition of Council. 22
Insert instead "New South Wales Innovation and Productivity Council". 23
[4] Section 3, definition of "Department" 24
Omit "Department of State and Regional Development". 25
Insert instead "Department of Trade and Investment, Regional Infrastructure 26
and Services". 27
Page 7
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 1 Minor amendments
[5] Part 2, heading 1
Omit the heading. Insert instead: 2
Part 2 Innovation and Productivity Council 3
[6] Section 4 Establishment of Innovation and Productivity Council 4
Omit "New South Wales Innovation Council" from section 4 (1). 5
Insert instead "New South Wales Innovation and Productivity Council". 6
[7] Section 5 Object of Council 7
Insert "that increases productivity and employment opportunities" after 8
"innovation" wherever occurring in section 5 (2) (a) and (c). 9
Explanatory note 10
Item [6] of the proposed amendments to the Innovation Council Act 1996 changes the 11
name of the New South Wales Innovation Council to the New South Wales Innovation 12
and Productivity Council in order to better reflect the current work of the Council. 13
Items [1][3], [5] and [7] make consequential amendments. 14
Item [4] updates a reference to a Department. 15
1.11 National Parks and Wildlife Act 1974 No 80 16
[1] Section 21 Delegation 17
Insert at the end of section 21 (3) (c) (viii): 18
, or 19
(ix) on the Director-General (as an enforcement agency) by or 20
under the Food Act 2003. 21
[2] Sections 57 (4) (a) and 58R (4) (a) 22
Insert "or section 132C" after "Part 9" wherever occurring. 23
[3] Section 58Q Provisions respecting animals in karst conservation 24
reserves 25
Omit "or a commercial fauna harvester's licence under section 123" from 26
section 58Q (3) (a). 27
Insert instead ", a commercial fauna harvester's licence under section 123 or a 28
scientific licence under section 132C". 29
Page 8
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
[4] Section 117 Restriction on picking or possession of native plant 1
Insert at the end of section 117 (3) (e): 2
, or 3
(f) the act constituting the offence was essential for the 4
carrying out of: 5
(i) development in accordance with a development 6
consent within the meaning of the Environmental 7
Planning and Assessment Act 1979, or 8
(ii) an activity by a determining authority within the 9
meaning of Part 5 of that Act if the determining 10
authority has complied with that Part, or 11
(iii) an activity in accordance with an approval of a 12
determining authority within the meaning of Part 5 13
of that Act if the determining authority has complied 14
with that Part, or 15
(iv) a project approved under Part 3A of that Act, or 16
(v) State significant infrastructure approved under 17
Part 5.1 of that Act. 18
[5] Section 188D Provisions relating to certain existing access roads on 19
National Park Estate lands 20
Insert after paragraph (h) of the definition of access road in section 188D (9): 21
(i) clause 5 of Schedule 9 to the National Park Estate 22
(Riverina Red Gum Reservations) Act 2010. 23
[6] Section 188D (9), definition of "exclusion order" 24
Insert after paragraph (h): 25
(i) clause 5 (7) of Schedule 9 to the National Park Estate 26
(Riverina Red Gum Reservations) Act 2010. 27
Explanatory note 28
Item [1] of the proposed amendments to the National Parks and Wildlife Act 1974 (the 29
Act) enables the Director-General of the Department of Premier and Cabinet to 30
delegate certain functions conferred by or under the Food Act 2003. 31
Items [2] and [3] extend to offences relating to animals in karst conservation areas and 32
plants in nature reserves the standard defence of action under a scientific licence. 33
Item [4] extends to the offence of picking or possessing a native plant the standard 34
defence applying to offences under the Act of necessary action for the purposes of 35
development authorised under the Environmental Planning and Assessment Act 1979. 36
Items [5] and [6] update the definitions of access road and exclusion order in 37
section 188D of the Act (Provisions relating to certain existing access roads on 38
National Park Estate lands). 39
Page 9
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 1 Minor amendments
1.12 Property, Stock and Business Agents Act 2002 No 66 1
[1] Section 3 Definitions 2
Omit the definitions of Department and Director-General from section 3 (1). 3
Insert instead in alphabetical order: 4
Department means the Department of Finance and Services. 5
Director-General means: 6
(a) the Commissioner for Fair Trading, Department of 7
Finance and Services, or 8
(b) if there is no such position in the Department--the 9
Director-General of the Department. 10
[2] Section 93 Dishonoured cheques 11
Omit "presented". Insert instead "drawn". 12
Explanatory note 13
Item [1] of the proposed amendments to the Property, Stock and Business Agents 14
Act 2002 updates the definitions of Department and Director-General. 15
Item [2] makes it necessary for an authorised deposit-taking institution to notify the 16
Director-General of the Department of Finance and Services when a cheque drawn 17
(rather than presented) on a trust account kept with it under Part 7 of that Act has been 18
dishonoured. 19
1.13 Residential Parks Act 1998 No 142 20
[1] Section 61 Contravention of rent order 21
Omit section 61 (1) including the penalty provision. 22
[2] Section 61 (3) 23
Omit "subsection (1) or (2)". 24
Insert instead "this section or section 52 of the Consumer, Trader and Tenancy 25
Tribunal Act 2001". 26
Explanatory note 27
Item [1] of the proposed amendments to the Residential Parks Act 1998 removes an 28
offence relating to the contravention of a rent order since a similar offence is contained 29
in the Consumer, Trader and Tenancy Tribunal Act 2001. Item [2] makes a 30
consequential amendment. 31
Page 10
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
1.14 Residential Tenancies Act 2010 No 42 1
[1] Section 41 Rent increases 2
Insert "If an application has not been made within that 12-month period, the 3
rent increase is taken to comply with this section." after "increased." in 4
section 41 (10). 5
[2] Section 99 Rent increases during long-term fixed term leases-- 6
termination notice by tenant 7
Omit "more than 2 years" from section 99 (1). 8
Insert instead "2 years or more". 9
Explanatory note 10
Item [1] of the proposed amendments to the Residential Tenancies Act 2010 (the Act) 11
makes it clear that a rent increase is taken to be validly imposed for the purposes of the 12
Act if the 12-month period prescribed by the Act for bringing proceedings to challenge 13
the rent increase has expired without a challenge being made. 14
Item [2] makes a minor amendment consequential on the amendment of section 42 of 15
the Act by the Statute Law (Miscellaneous Provisions) Act 2011. 16
1.15 Retirement Villages Act 1999 No 81 17
Section 24A Retirement village land to be recorded on Register 18
Insert "publicly available" after "establish a" in section 24A (8). 19
Explanatory note 20
The proposed amendment to the Retirement Villages Act 1999 makes it clear that the 21
list of retirement villages that may be compiled from information recorded under 22
section 24A of that Act (in relation to land that is used as a retirement village) can be 23
made available to the public. 24
1.16 Road Transport (Vehicle Registration) Act 1997 No 119 25
[1] Section 16C Registration of written-off vehicles 26
Omit section 16C (3). Insert instead: 27
(3) If the Authority cancels the registration of a vehicle under this 28
section, the Authority must immediately notify the registered 29
operator of the vehicle of the cancellation. 30
(3A) Despite section 14 (3) of the Motor Accidents Compensation 31
Act 1999, a third-party policy (within the meaning of that Act) is 32
not cancelled immediately upon cancellation of registration of a 33
vehicle under this section and continues to have effect until the 34
day on which the registered operator of the vehicle is given notice 35
of the cancellation of registration. 36
Page 11
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 1 Minor amendments
[2] Section 18 Prohibition on using unregistered registrable vehicles 1
Insert after section 18 (3): 2
(3A) If the Authority cancels the registration of a vehicle under section 3
16C, subsection (1) does not apply in relation to the vehicle until 4
the day on which the registered operator of the vehicle is given 5
notice by the Authority of the cancellation. 6
Explanatory note 7
Item [1] of the proposed amendments to the Road Transport (Vehicle Registration) 8
Act 1997 (the Act) alters the requirement for the Roads and Traffic Authority (or its 9
successor, Roads and Maritime Services) to cancel the registration of a vehicle if its 10
vehicle identifier is the same as the vehicle identifier of a statutory written-off vehicle or 11
an interstate written-off vehicle. Under the amended provision, the cancellation of a 12
vehicle will have effect immediately and not after the giving of 14 days' notice to the 13
registered operator of the vehicle, as at present. Item [1] also provides that a third-party 14
policy in relation to a motor vehicle is not cancelled until the day on which the registered 15
operator of the vehicle is given notice of the cancellation of registration. (Clause 7 of 16
the Road Transport (General) Regulation 2005 provides that the date on which a 17
registered operator is taken to have been given notice is, if the notice is sent by mail, 18
the fourth working day after the notice was posted or, if the notice is delivered to the 19
person personally, the date when it is so delivered.) 20
Item [2] provides that it will not be an offence under section 18 of the Act (which 21
prohibits the use of an unregistered registrable vehicle on a road or road related area) 22
if the registered operator of the vehicle has not been given notice of the cancellation of 23
registration. 24
1.17 Roads Act 1993 No 33 25
Section 64 RTA may exercise functions of roads authority with respect 26
to certain roads 27
Insert "State significant development for which development consent has been 28
granted under Part 4," after "Part 3A," in section 64 (1A). 29
Explanatory note 30
The proposed amendment to the Roads Act 1993 expands the purposes for which the 31
Roads and Traffic Authority (which is to be replaced by Roads and Maritime Services) 32
may exercise the functions of a roads authority under that Act to include the exercise 33
of those functions for the purpose of carrying out State significant development for 34
which development consent has been granted under Part 4 of the Environmental 35
Planning and Assessment Act 1979. 36
1.18 Security Industry Act 1997 No 157 37
[1] Section 4 Carrying on a "security activity" 38
Omit "or providing close personal protection," from section 4 (1) (a). 39
[2] Sections 4 (1) (b), 11 (1) (c) and 12A (1) (c) 40
Omit ", venue controller or bouncer" wherever occurring. 41
Page 12
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
[3] Section 4 (1) (c) 1
Omit "patrol dogs". Insert instead "dogs". 2
[4] Section 4 (1) (h) 3
Omit section 4 (1) (h). Insert instead: 4
(h) providing advice in relation to security equipment (other 5
than basic household or automotive security items at 6
approved classes of retail outlets), including providing 7
product advice in relation to security equipment, 8
(h1) providing advice in relation to the identification and 9
analysis of security risks and providing solutions or 10
management strategies to minimise security risks, 11
[5] Section 4 (2) 12
Omit the subsection. Insert instead: 13
(2) In this section: 14
basic household or automotive security item has the meaning 15
given by the regulations. 16
bodyguard means a person who is employed or engaged for the 17
purpose of providing close personal protection to another person. 18
crowd controller means a person who, in respect of any licensed 19
premises (within the meaning of the Liquor Act 2007), public 20
entertainment venue or public or private event or function, as part 21
of his or her regular duties performs for remuneration any of the 22
following functions: 23
(a) controlling or monitoring the behaviour of persons, 24
(b) screening persons seeking entry, 25
(c) removing persons for behavioural or other reasons, 26
(d) any other function prescribed by the regulations. 27
[6] Section 11 (1) (b) 28
Omit "or to provide close personal protection". 29
[7] Section 12A (1) (b) 30
Omit "or provide close personal protection". 31
Page 13
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 1 Minor amendments
[8] Schedule 2 Savings and transitional provisions 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provisions consequent on enactment of 3
Statute Law Miscellaneous Provisions Act 4
(No 2) 2011 5
Licences not affected 6
The amendments made to sections 11 and 12A of this Act by the 7
Statute Law Miscellaneous Provisions Act (No 2) 2011 do not 8
affect the authority conferred by a licence under this Act. 9
Part Provisions consequent on establishment 10
of Security Licensing and Enforcement 11
Directorate 12
Delegations 13
The delegation by the Commissioner under section 43 (1) of this 14
Act dated 22 February 2010 is taken to include, and to have 15
included from 21 March 2011, a delegation to the persons 16
holding the following offices: 17
(a) Commander, State Crime Command, NSW Police Force, 18
(b) Director, Security Licensing and Enforcement Directorate, 19
State Crime Command, NSW Police Force. 20
Sub-delegations 21
The sub-delegation by the Registrar of the Security Industry 22
Registry under section 43 (2) of this Act dated 25 February 2010 23
is taken to include, and to have included from 21 March 2011, a 24
sub-delegation to the persons holding the following offices in the 25
Security Licensing and Enforcement Directorate, State Crime 26
Command, NSW Police Force: 27
(a) General Manager, Industry Regulation, 28
(b) General Manager, Operations, 29
(c) Manager, Adjudication, 30
(d) Manager, Approved Training, 31
(e) Manager, Assessment and Prevention, 32
(f) Manager, Compliance and Enforcement, 33
(g) Manager, Customer Relations, 34
Page 14
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
(h) Manager, Licensing Services, 1
(i) Senior Auditor, 2
(j) Auditor, 3
(k) Senior Compliance Enforcement Officer, 4
(l) Compliance and Enforcement Officer, 5
(m) Corruption Prevention and Risk Management Officer, 6
(n) Senior Assessment Officer, 7
(o) Assessment Officer, 8
(p) Adjudication Officer. 9
Explanatory note 10
Item [3] of the proposed amendments to the Security Industry Act 1997 (the Act) 11
clarifies that patrolling, protecting, watching or guarding property involving the use of 12
any dog, rather than a patrol dog, is a security activity. The amendment is made for the 13
purposes of consistency with legislation of other jurisdictions. 14
Item [4] makes it clear that providing advice in relation to certain security items and 15
providing advice in relation to the identification and the minimisation of risks are 16
separate security activities. 17
Item [5] defines the terms bodyguard and crowd controller to provide greater clarity 18
on the work of a bodyguard or crowd controller that constitutes a security activity. 19
Items [1], [2], [6] and [7] make consequential amendments. 20
Section 4 of the Act sets out activities that are security activities for the purposes of 21
that Act. The Act also provides that it is an offence for a person to carry on security 22
activities unless the person is appropriately licensed or is employed by the holder of an 23
appropriate licence. 24
Item [8] makes it clear that the restructure within the NSW Police Force that included 25
the replacement of the Security Industry Registry with the Security Licensing and 26
Enforcement Directorate does not and did not affect the delegation or sub-delegation 27
of the Commissioner's functions under the Act. Item [8] also inserts a savings provision 28
consequent on the amendments made by items [1][7]. 29
1.19 State Emergency and Rescue Management Act 1989 No 165 30
Schedule 4 Savings, transitional and other provisions 31
Omit Part 6 from Schedule 4. 32
Explanatory note 33
The proposed amendment to the State Emergency and Rescue Management Act 1989 34
repeals Part 6 of Schedule 4 to that Act, which was inserted by the State Emergency 35
and Rescue Management Amendment (Botany Emergency Works) Act 2008 for the 36
purpose of facilitating the carrying out of emergency works in respect of a retaining wall 37
adjoining Botany Road, Alexandria. Those works have since been carried out and the 38
provisions are no longer necessary. 39
Page 15
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 1 Minor amendments
1.20 Strata Schemes Management Act 1996 No 138 1
Section 237 Who may keep seal of owners corporation? 2
Insert "Section 50 (1) (b) of the Interpretation Act 1987 provides that statutory 3
corporations are to have a seal." before "Section" in the note to section 237. 4
Explanatory note 5
The proposed amendment to the Strata Schemes Management Act 1996 inserts 6
additional matter in the note to section 237 (which deals with the keeping of the seal of 7
an owners corporation) relating to the requirement in the Interpretation Act 1987 that 8
statutory corporations have a seal. 9
1.21 Superannuation Act 1916 No 28 10
[1] Section 3 Definitions 11
Omit the definition of HealthQuest from section 3 (1). 12
[2] Section 22 Breakdown retirement 13
Omit "HealthQuest or any one or more medical practitioners nominated by 14
STC" from section 22 (2). 15
Insert instead "one or more persons or bodies nominated, or one or more 16
persons who are members of a class of persons nominated, by STC". 17
[3] Section 50 Employee retired through infirmity may be called up for 18
medical examination 19
Omit "HealthQuest". 20
Insert instead "one or more persons or bodies nominated, or one or more 21
persons who are members of a class of persons nominated, by STC,". 22
Explanatory note 23
The object of the proposed amendments is to replace references in the 24
Superannuation Act 1916 to HealthQuest, which was dissolved as a statutory health 25
corporation in 2009, with reference to the SAS Trustee Corporation (STC). As a result 26
of the amendments, the question of whether a contributor is an invalid, or is physically 27
or mentally incapable of performing his or her duties, is to be determined by STC 28
having regard to medical advice furnished by one or more persons or bodies 29
nominated, or one or more persons who are members of a class of persons nominated, 30
by STC (under section 22). Similarly, an employee retired through infirmity may be 31
required to submit himself or herself for medical examination by one or more persons 32
or bodies nominated, or one or more persons who are members of a class of persons 33
nominated, by STC (under section 50). 34
The amendments supersede clause 18 (5) of the Health Services Regulation 2008, 35
which is consequentially repealed by Schedule 2. 36
Page 16
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
1.22 Sydney Olympic Park Authority Act 2001 No 57 1
Section 65 Rangers 2
Insert ", or a delegate of the Director-General" after "Director-General" in 3
section 65 (5) (e). 4
Explanatory note 5
The proposed amendment to the Sydney Olympic Park Authority Act 2001 (the Act) 6
enables a delegate of the Director-General under the Act to sign a ranger's 7
identification card issued under the Act. At present, the Director-General is the only 8
person who is authorised to sign a ranger's identification card. 9
1.23 Water Management Act 2000 No 92 10
[1] Section 61 Applications for granting of access licences 11
Omit section 61 (1) (a). Insert instead: 12
(a) the application is for a specific purpose access licence in 13
circumstances where: 14
(i) the regulations provide, or a relevant management 15
plan provides, that an application for the licence 16
may be made, and 17
(ii) the application does not contravene any restriction 18
on the making of such an application contained in a 19
relevant management plan, or 20
[2] Section 63 Determination of applications 21
Omit section 63 (2) (a). Insert instead: 22
(a) the application has been made as provided by 23
section 61 (1) (a), (b) or (c), and 24
[3] Section 168 Special rates and charges and termination charges 25
Insert after section 168 (2): 26
(3) In addition to any other charge that it may fix under this Part, a 27
private irrigation board may fix termination charges payable by a 28
landholder or former landholder in connection with the board 29
ceasing to supply water to the landholder or former landholder 30
(whether because of the transformation of the landholder's water 31
entitlement to an access licence or otherwise). 32
[4] Section 190B Transformation of landholder's water entitlement 33
Omit section 190B (7) (a). 34
Page 17
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 1 Minor amendments
[5] Section 237B Transformation of landholder's water entitlement 1
Omit section 237B (7) (a). 2
[6] Section 238A 3
Insert after section 238: 4
238A Termination charges 5
In addition to any other charge that they may fix under this Part, 6
the members of a private irrigation trust may fix termination 7
charges payable by a landholder or former landholder in 8
connection with the trust ceasing to supply water to the 9
landholder or former landholder (whether because of the 10
transformation of the landholder's water entitlement to an access 11
licence or otherwise). 12
[7] Section 367 Evidentiary certificates 13
Insert ", or debited or otherwise withdrawn from," after "credited to" in 14
section 367 (2) (q). 15
[8] Schedule 9 Savings, transitional and other provisions 16
Insert at the end of clause 1 (1): 17
Statute Law (Miscellaneous Provisions) Act (No 2) 2011, to the 18
extent that it amends this Act or the regulations made under this 19
Act 20
[9] Schedule 9 21
Insert at the end of the Schedule (with appropriate Part and clause numbering): 22
Part Provision consequent on enactment of 23
Statute Law (Miscellaneous Provisions) 24
Act (No 2) 2011 25
Application of amendments to Schedule 10 26
(1) The amendments made to Schedule 10 by the Statute Law 27
(Miscellaneous Provisions) Act (No 2) 2011 apply in relation to 28
the conversion of entitlements where the appointed day (within 29
the meaning of Schedule 10) concerned is specified in a 30
proclamation made under section 55A or 88A on or after the 31
commencement of the amendments. 32
(2) Any regulations modifying the application of Schedule 10 in 33
relation to a specified part of the State or water source before the 34
Page 18
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
commencement of the amendments to that Schedule continue to 1
have effect as if the Schedule had not been amended. 2
[10] Schedule 10 Conversion of former entitlements to access licences and 3
approvals 4
Omit "the commencement of this Part" from clause 19 (5). 5
Insert instead "the appointed day". 6
[11] Schedule 10, clause 19 7
Insert after clause 19 (10): 8
(10A) Subclause (10B) applies only to an access licence arising from an 9
entitlement with respect to land in respect of which an interest 10
was, immediately before the appointed day, registered under the 11
Real Property Act 1900 or under the Corporations Act 2001 of 12
the Commonwealth. 13
(10B) No dealing that requires the consent of the holder of a security 14
interest may be registered in relation to an access licence until the 15
expiry of the prescribed period unless, before the expiry of that 16
period, the holder of the interest: 17
(a) has lodged with the Director-General a notice of the kind 18
referred to in subclause (5) (d), or 19
(b) has notified the Director-General that the holder does not 20
propose to seek registration of the interest in the Access 21
Register. 22
[12] Schedule 10, clause 23 23
Omit the clause. Insert instead: 24
23 Entitlements held by 2 or more co-holders 25
Two or more co-holders of a replacement access licence are taken 26
to hold the access licence: 27
(a) if the Minister has a record of the shares in which the 28
former entitlement was held immediately before the 29
appointed day, in the same shares as the former entitlement 30
was so held, or 31
(b) if the Minister has no such record, but within 2 months 32
after sending a written request to the co-holders seeking 33
information as to their shareholding the Director-General 34
receives: 35
Page 19
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 1 Minor amendments
(i) a notice, signed by or on behalf of each of them, by 1
which they agree as to the shares in which they hold 2
the access licence, or 3
(ii) a notice, signed by any one of them, to the effect that 4
legal proceedings have been commenced for the 5
purpose of obtaining a declaration as to the shares in 6
which they hold the access licence, 7
in the agreed shares referred to in the notice under 8
subparagraph (i), or in the shares determined pursuant to 9
the legal proceedings referred to in the notice under 10
subparagraph (ii), as the case may be, or 11
(c) in any other case, as tenants in common with the 12
entitlements conferred by the licence under section 56 13
apportioned equally between them. 14
Explanatory note 15
Item [1] of the proposed amendments to the Water Management Act 2000 (the Act) 16
clarifies the circumstances in which a person may apply to the Minister for an access 17
licence that is a specific purpose access licence. An application may be made if it is 18
permitted by either the regulations made under the Act or a relevant management plan, 19
but subject to any restrictions set out in a relevant management plan. 20
Item [2] ensures that the provisions for the determination of applications for an access 21
licence are consistent with the provisions that provide for when such applications may 22
be made. 23
Item [3] enables a private irrigation board to fix termination charges in connection with 24
the board ceasing to supply water to a landholder or former landholder (whether 25
because of the transformation of the landholder's water entitlement to an access 26
licence or otherwise). Currently, the power to fix such charges is limited to cessation of 27
supply because of a transformation. Item [4] makes a consequential amendment. 28
Item [6] makes similar provision in relation to the fixing of termination charges by private 29
irrigation trusts as is made in relation to private irrigation boards. Item [5] makes a 30
consequential amendment. 31
Item [7] enables the Minister to issue an evidentiary certificate in relation to water 32
allocations debited or otherwise withdrawn from the water allocation account for a 33
specified access licence. 34
Items [8] and [9] make provision for matters of a savings or transitional nature 35
consequent on the enactment of the proposed amendments. 36
Item [10] corrects an incorrect reference. 37
Items [11] and [12] include provisions in Schedule 10 to the Act (which provides for the 38
conversion of former entitlements under certain previous water legislation to access 39
licences and approvals under the Act) to give effect in the Act to standard provisions 40
that are routinely included in the regulations each time a water source is transferred to 41
the Act from the previous water legislation. This will remove the need for separate 42
inclusion of the provisions by regulation each time a water sharing plan commences. 43
Page 20
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Minor amendments Schedule 1
1.24 Water Management Amendment Act 2010 No 133 1
[1] Schedule 2 Other amendments to Water Management Act 2000 No 92 2
Omit proposed section 163 (5) (a) in Schedule 2 [54]. Insert instead: 3
(a) termination charges payable by a member or former 4
member in connection with the corporation ceasing to 5
supply water to the member or former member (whether 6
because of the transformation of the member's water 7
entitlement to an access licence or otherwise), 8
[2] Schedule 2 [59] 9
Omit proposed section 239E (5) (a). Insert instead: 10
(a) termination charges payable by a member or former 11
member in connection with the trust ceasing to supply 12
water to the member or former member (whether because 13
of the transformation of the member's water entitlement to 14
an access licence or otherwise), 15
Explanatory note 16
The proposed amendments to the Water Management Amendment Act 2010 make 17
amendments that are consistent with amendments made to the Water Management 18
Act 2000 elsewhere in this Schedule in connection with the fixing of termination 19
charges by private irrigation boards and members of private irrigation trusts. 20
1.25 Water Management (General) Regulation 2011 21
[1] Clause 10 Applications for specific purpose access licences 22
Omit "(subject to any restrictions contained in the relevant management plan 23
if such a plan is in force)". 24
[2] Clause 19 Granting of access licences 25
Omit the clause. 26
Explanatory note 27
The proposed amendments to the Water Management (General) Regulation 2011 are 28
consequential on amendments made to the Water Management Act 2000 elsewhere in 29
this Schedule. 30
Page 21
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law 1
revision 2
2.1 Aboriginal Land Rights Regulation 2002 3
[1] Clause 83A 4
Insert "New South Wales" before "Electoral Commission" wherever 5
occurring. 6
[2] Clause 100 (3) 7
Omit "or of an umpire or enables arbitration to be undertaken by an umpire". 8
Explanatory note 9
Item [1] of the proposed amendments standardises references to the New South Wales 10
Electoral Commission. 11
Item [2] of the proposed amendments omits a redundant reference as a consequence 12
of the replacement of the Commercial Arbitration Act 1984 by the Commercial 13
Arbitration Act 2010. 14
2.2 Albury Local Environmental Plan 2010 15
Land Use Table, Zone B7, item 3 16
Reorder the development types in alphabetical order. 17
Explanatory note 18
The proposed amendment corrects the alphabetical order of development types. 19
2.3 Balranald Local Environmental Plan 2010 20
Land Use Table, Zone RU1, item 3 21
Reorder the development types in alphabetical order. 22
Explanatory note 23
The proposed amendment corrects the alphabetical order of development types. 24
2.4 Bathurst Regional (Interim) Local Environment Plan 2005 25
[1] Clause 5A (3) 26
Insert after clause 5A (2): 27
(3) Notes included in this plan do not form part of this plan. 28
[2] Schedule 2, clause 2 (b) 29
Omit "spiritous". Insert instead "spirituous". 30
Page 22
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision Schedule 2
Explanatory note 1
Item [1] of the proposed amendments clarifies the operation of notes. 2
Item [2] of the proposed amendments corrects a typographical error. 3
2.5 Bellingen Local Environmental Plan 2010 4
Land Use Table, Zone RU1, item 3 5
Reorder the development types in alphabetical order. 6
Explanatory note 7
The proposed amendment corrects the alphabetical order of development types. 8
2.6 Children (Criminal Proceedings) Regulation 2011 9
Clause 32 10
Omit "Crimes Act 1990". Insert instead "Crimes Act 1900". 11
Explanatory note 12
The proposed amendment corrects the citation of an Act. 13
2.7 Commercial Agents and Private Inquiry Agents Regulation 14
2006 15
Clauses 10 (1) (h) and 16 (1) (g) 16
Omit "section 60P" wherever occurring. Insert instead "section 48". 17
Explanatory note 18
The proposed amendment updates references to a renumbered section. 19
2.8 Commission for Children and Young People Act 1998 No 146 20
Section 33 (1), paragraph (c) of the definition of "employer" 21
Omit "Department of Human Services". 22
Insert instead "Department of Education and Communities". 23
Explanatory note 24
Clause 26 of the Public Sector Employment and Management (Departments) 25
Order 2011 provides that a reference in or in relation to Chapter 12 or 12A of the 26
Children and Young Persons (Care and Protection) Act 1998 to the Director-General 27
of the Department of Human Services is taken to be a reference to the Director-General 28
of the Department of Education and Communities. The proposed amendment updates 29
a reference in the Commission for Children and Young People Act 1998 that relates to 30
those Chapters. 31
Page 23
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 2 Amendments by way of statute law revision
2.9 Coolamon Local Environmental Plan 2011 1
Land Use Table, Zone RU1, item 3 2
Reorder the development types in alphabetical order. 3
Explanatory note 4
The proposed amendment corrects the alphabetical order of development types. 5
2.10 Coonamble Local Environmental Plan 2011 6
Clause 4.1A, note 7
Omit "Development) Codes 2008". 8
Insert instead "Development Codes) 2008". 9
Explanatory note 10
The proposed amendment corrects the citation of an instrument. 11
2.11 Duties Act 1997 No 123 12
Section 278 (2) (b) 13
Omit "that Department". 14
Insert instead "the Department of Family and Community Services". 15
Explanatory note 16
The proposed amendment clarifies a reference to a Department. 17
2.12 Environmental Planning and Assessment Act 1979 No 203 18
Section 23G (1) 19
Omit "in the Gazette". Insert instead "on the NSW legislation website". 20
Explanatory note 21
The proposed amendment requires an order relating to the establishment of joint 22
regional panels to be published on the NSW legislation website. 23
2.13 Fines Act 1996 No 99 24
[1] Section 22 (2) (b) (i) 25
Omit "in the Treasury". 26
Insert instead "in the Department of Finance and Services". 27
[2] Schedule 1 28
Omit "Fair Trading Act 1987, section 64". 29
Insert instead "Fair Trading Act 1987, section 67". 30
Page 24
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision Schedule 2
Explanatory note 1
Item [1] of the proposed amendments updates a reference to a Department. 2
Item [2] of the proposed amendments updates a reference to a renumbered section. 3
2.14 Harden Local Environmental Plan 2011 4
Land Use Table, Zone RU1, item 3 5
Reorder the development types in alphabetical order. 6
Explanatory note 7
The proposed amendment corrects the alphabetical order of development types. 8
2.15 Health Services Act 1997 No 154 9
Section 133A 10
Omit "Part 5C". Insert instead "Division 3 of Part 4". 11
Explanatory note 12
The proposed amendment updates a reference to a renumbered provision. 13
2.16 Health Services Regulation 2008 14
[1] Clause 18 (1) 15
Omit "subclauses (2)(5)". Insert instead "subclause (3)". 16
[2] Clause 18 (2), (4) and (5) 17
Omit the subclauses. 18
Explanatory note 19
The object of the proposed amendment is to omit two provisions that construe 20
references in regulations that have been repealed (see clause 18 (2) and (4)) and a 21
further provision that construes a reference in an Act that is amended by Schedule 1 to 22
achieve the same result (see clause 18 (5)). 23
2.17 Land and Environment Court Act 1979 No 204 24
Sections 21A, 21B and 74 (1) (a2) 25
Omit "Crimes (Local Courts Appeal and Review) Act 2001" wherever 26
occurring. 27
Insert instead "Crimes (Appeal and Review) Act 2001". 28
Explanatory note 29
The proposed amendment updates references to an Act. 30
Page 25
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 2 Amendments by way of statute law revision
2.18 Liquor Regulation 2008 1
Clause 46 (2) and (3) 2
Omit "approval, Director-General" wherever occurring. 3
Insert instead "approval, the Director-General". 4
Explanatory note 5
The proposed amendment inserts missing words. 6
2.19 Liverpool Local Environmental Plan 2008 7
[1] Land Use Table, Zone RU1, item 3 8
Reorder the development types in alphabetical order. 9
[2] Land Use Table, Zone IN2, item 3 10
Omit "and hire". Insert instead "or hire". 11
[3] Schedule 1, clause 8 (2) 12
Omit "restaurant". Insert instead "restaurant or cafe". 13
Explanatory note 14
Item [1] of the proposed amendments corrects the alphabetical order of development 15
types. 16
Items [2] and [3] of the proposed amendments correct references to types of 17
development provided for by the Standard Instrument (Local Environmental Plans) 18
Order 2006. 19
2.20 Marine Safety Act 1998 No 121 20
Section 111 (2) (h) 21
Omit "the RMS". Insert instead "RMS". 22
Commencement 23
The amendment commences, or is taken to have commenced, on the commencement 24
of Schedule 5.22 [5] to the Transport Legislation Amendment Act 2011. 25
Explanatory note 26
The proposed amendment corrects a grammatical error. 27
2.21 Mental Health (Forensic Provisions) Act 1990 No 10 28
Sections 41 (3) (a) and 76C 29
Omit "Department of Human Services" wherever occurring. 30
Insert instead "Department of Attorney General and Justice". 31
Page 26
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision Schedule 2
Explanatory note 1
The proposed amendment updates references to a Department as a consequence of 2
the making of the Public Sector Employment and Management (Departments) 3
Order 2011. 4
2.22 Nambucca Local Environmental Plan 2010 5
Land Use Table, Zone RU1, item 3 6
Reorder the development types in alphabetical order. 7
Explanatory note 8
The proposed amendment corrects the alphabetical order of development types. 9
2.23 Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011 10
No 19 11
Section 4 (1), paragraph (a) of the definition of "metropolitan area" 12
Omit "Baulkham Hills,". 13
Insert instead in alphabetical order "The Hills Shire,". 14
Explanatory note 15
The proposed amendment updates a reference to a local government area. 16
2.24 Poisons and Therapeutic Goods Act 1966 No 31 17
[1] Section 8 (6) 18
Insert "or replaced" after "amended". 19
[2] Section 8 (6) 20
Omit "in the Gazette". Insert instead "on the NSW legislation website". 21
Explanatory note 22
Item [1] of the proposed amendments clarifies that the Poisons List can be replaced as 23
well as amended. Item [2] provides for publication of the Poisons List on the NSW 24
legislation website. 25
2.25 Prevention of Cruelty to Animals Act 1979 No 200 26
Section 4 (1), paragraph (b) of the definition of "officer" 27
Omit "Police Offences Act 1901". 28
Insert instead "Police (Special Provisions) Act 1901". 29
Explanatory note 30
The proposed amendment updates the citation of an Act. 31
Page 27
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 2 Amendments by way of statute law revision
2.26 Public Finance and Audit Act 1983 No 152 1
[1] Schedule 2 2
Omit "Centennial Park Trust". 3
Insert instead "Centennial Park and Moore Park Trust". 4
[2] Schedule 3 5
Omit the matter relating to the Department of Health. 6
Insert instead: 7
Ministry of Health Director-General of the Ministry
Explanatory note 8
Item [1] of the proposed amendments updates a reference to a Trust. 9
Item [2] of the proposed amendments updates a reference to a Department and the 10
Director-General of that Department as a consequence of changes made by the Public 11
Sector Employment and Management (General) Order 2011. 12
2.27 Residential Parks Act 1998 No 142 13
Section 141 14
Omit the section. 15
Explanatory note 16
The proposed amendment removes a redundant provision that refers to powers under 17
a repealed section. Sections 136A136E, as inserted by the Residential Parks 18
Amendment (Statutory Review) Act 2005, updated and provided for the matters in 19
section 141. 20
2.28 Retirement Villages Act 1999 No 81 21
Section 123 (2) (b) 22
Omit the paragraph. 23
Explanatory note 24
The proposed amendment removes a redundant provision that refers to matters under 25
repealed provisions. 26
2.29 Road Transport (Vehicle Registration) Act 1997 No 119 27
Section 17S (1) and (2) 28
Omit "Roads and Traffic Authority" wherever occurring. 29
Insert instead "Roads and Maritime Services". 30
Page 28
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision Schedule 2
Commencement 1
The amendment commences, or is taken to have commenced, on the commencement 2
of Schedule 5.49 [4] to the Transport Legislation Amendment Act 2011. 3
Explanatory note 4
The proposed amendment corrects references to a renamed body. 5
2.30 Rural Lands Protection Act 1998 No 143 6
Section 140H (2) (c) 7
Omit "Livestock Transporters Association of NSW". 8
Insert instead "Livestock and Bulk Carriers Association Incorporated". 9
Explanatory note 10
The proposed amendment updates a reference to an organisation. 11
2.31 Standard Instrument (Local Environmental Plans) Order 12
2006 13
Standard instrument, Land Use Table, Direction 5 14
Reorder the second paragraph of development types in alphabetical order. 15
Explanatory note 16
The proposed amendment corrects the alphabetical order of development types. 17
2.32 State Authorities Superannuation Regulation 2010 18
Clause 36, definition of "FTC" 19
Omit the definition. 20
Explanatory note 21
The proposed amendment omits a definition of a term that is unnecessary because the 22
term is defined in the State Authorities Superannuation Act 1987. 23
2.33 State Environmental Planning Policy (Affordable Rental 24
Housing) 2009 25
Clause 23 (2A) 26
Omit "subclauses (2) and (3)". Insert instead "subclauses (1) and (2)". 27
Explanatory note 28
The proposed amendment corrects cross-references. 29
Page 29
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 2 Amendments by way of statute law revision
2.34 State Environmental Planning Policy (Major Development) 1
2005 2
[1] Clause 11 3
Omit "project to which Part 3A of the Act applies". 4
Insert instead "transitional Part 3A project". 5
[2] Schedule 3, Part 4, clause 4 and Part 5, clause 19, notes 6
Omit the notes. 7
Explanatory note 8
Item [1] of the proposed amendments updates a reference to Part 3A of the 9
Environmental Planning and Assessment Act 1979. Item [2] of the proposed 10
amendments removes redundant references to that Act. 11
2.35 Strata Schemes Management Regulation 2010 12
Schedule 8 13
Omit "Clause 29" wherever occurring. Insert instead "Clause 28". 14
Explanatory note 15
The proposed amendment corrects cross-references. 16
2.36 Summary Offences Act 1988 No 25 17
Section 27B (1) 18
Omit "spiritous". Insert instead "spirituous". 19
Explanatory note 20
The proposed amendment corrects a typographical error. 21
2.37 Superannuation Act 1916 No 28 22
[1] Section 38B (1) (d) 23
Omit "to take". 24
[2] Sections 61RF (1) and 61RG (1) 25
Omit "section 37" wherever occurring. Insert instead "section 37A". 26
Explanatory note 27
Item [1] of the proposed amendments removes superfluous words. 28
Item [2] of the proposed amendments corrects cross-references. 29
Page 30
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision Schedule 2
2.38 Sydney Water Act 1994 No 88 1
[1] Sections 10 (2) and 88 (1) 2
Omit "in the Gazette" wherever occurring. 3
Insert instead "on the NSW legislation website". 4
[2] Section 65 (1) 5
Insert "published on the NSW legislation website" after "Governor". 6
Explanatory note 7
The proposed amendments require certain orders made under the Sydney Water 8
Act 1994 to be published on the NSW legislation website. 9
2.39 Threatened Species Conservation Act 1995 No 101 10
Section 127 (1), definition of "deferred retirement arrangement" 11
Omit "section 127ZW". Insert instead "section 127ZT". 12
Explanatory note 13
The proposed amendment corrects a cross-reference. 14
2.40 Transport Administration (Staff) Regulation 2005 15
[1] Clause 3 (1), definition of "disciplinary appeal" 16
Omit "16,". 17
[2] Clause 3 (1), definition of "promotion appeal" 18
Omit "7,". 19
[3] Clause 3 (1), definitions of "SRA" and "SRA officer" 20
Omit the definitions. 21
[4] Part 2 22
Omit the Part. 23
Explanatory note 24
Item [4] of the proposed amendment removes redundant provisions relating to the 25
State Rail Authority consequent on the enactment of the State Revenue and Other 26
Legislation Amendment (Budget) Act 2007, which renamed that Authority as the SRA 27
Residual Holding Corporation and made provision for the staff of the Corporation. 28
Items [1][3] are consequential amendments. 29
Page 31
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 2 Amendments by way of statute law revision
2.41 Valuers Regulation 2010 1
Schedule 3 2
Omit "cancelled". 3
Explanatory note 4
The proposed amendment omits a word to clarify the application of a fees entry. 5
2.42 Water Sharing Plan for the Castlereagh (below Binnaway) 6
Unregulated and Alluvial Water Sources 2011 7
[1] Clause 4 (2) 8
Omit "The Castlereagh River Unregulated and Alluvial Water Sources". 9
Insert instead "Castlereagh (below Binnaway) Unregulated and Alluvial 10
Water Sources". 11
[2] Clause 4 (5) (c) 12
Insert "River" before "above". 13
[3] Clauses 37 (3), note and 38 (3), note 14
Omit "assesed" wherever occurring. Insert instead "assessed". 15
[4] Clause 67 (2) (b) (iv) 16
Insert "was" after "water". 17
[5] Clause 67 (2) 18
Renumber paragraphs (e) and (f) as paragraphs (c) and (d), respectively. 19
[6] Clause 68 (3) 20
Omit ", and". 21
[7] Clause 78 (3) 22
Omit "enttitlement". Insert instead "entitlement". 23
Explanatory note 24
Item [1] of the proposed amendments corrects the title of a map. 25
Item [2] of the proposed amendments corrects the citation of an instrument. 26
Items [3], [4], [6] and [7] of the proposed amendments correct typographical errors. 27
Item [5] of the proposed amendments corrects paragraph numbering. 28
Page 32
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision Schedule 2
2.43 Water Sharing Plan for the Greater Metropolitan Region 1
Unregulated River Water Sources 2011 2
[1] Clause 34 (11) 3
Omit "If Minister". Insert instead "If the Minister". 4
[2] Clause 37 (3) 5
Insert "subclause" before "(7)". 6
[3] Clause 38 (5) (a) 7
Insert "and" at the end of the paragraph. 8
[4] Clause 45 (3) 9
Omit "liences". Insert instead "licences". 10
[5] Clause 56 (5), Table C 11
Omit "Auhority's" wherever occurring. Insert instead "Authority's". 12
[6] Clause 56 (5), Table C 13
Omit "56 10)". Insert instead "56 (10)". 14
[7] Clause 56 (6), definition of "C" 15
Omit ", and". 16
[8] Clause 71 (5) 17
Omit "Center" wherever occurring. Insert instead "Centre" 18
Explanatory note 19
The proposed amendments correct typographical errors. 20
2.44 Water Sharing Plan for the North Western Unregulated and 21
Fractured Rock Water Sources 2011 22
Clause 68 (b) 23
Renumber subparagraph (ii) where secondly occurring as subparagraph (iii). 24
Explanatory note 25
The proposed amendment corrects provision numbering. 26
Page 33
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 2 Amendments by way of statute law revision
2.45 Woollahra Local Environmental Plan 1995 1
Schedule 1, definitions of "density map", "height map" and "land use 2
map" 3
Omit "Environment Plan" wherever occurring. 4
Insert instead "Environmental Plan". 5
Explanatory note 6
The proposed amendment corrects references to maps. 7
2.46 Workers Compensation Act 1987 No 70 8
Section 174 (9), paragraph (b1) of the definition of "wages" 9
Omit "1986)" and "2010". 10
Insert instead "1986" and "2010)", respectively. 11
Explanatory note 12
The proposed amendment corrects typographical errors. 13
2.47 Young Local Environmental Plan 2010 14
Land Use Table, Zone RU1, item 3 15
Reorder the development types in alphabetical order. 16
Explanatory note 17
The proposed amendment corrects the alphabetical order of development types. 18
Page 34
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision relating to references to the Schedule 3
NSW Police Force and the Police Act 1990
Schedule 3 Amendments by way of statute law 1
revision relating to references to the 2
NSW Police Force and the Police Act 3
1990 4
Explanatory note 5
The proposed amendments update references as a consequence of the enactment of 6
the Police Service Amendment (NSW Police) Act 2002 and the Police Amendment 7
(Miscellaneous) Act 2006. Those Acts renamed the Police Service Act 1990 to the 8
Police Act 1990 and updated the name of the policing organisation of NSW to the NSW 9
Police Force. The proposed amendments also include other minor updates to 10
legislation consequential on those changes. 11
3.1 Anti-Discrimination Act 1977 No 48 12
Sections 4B (1) (b) and (2), 49ZU (3) (definition of "employed in the public 13
sector") and 122B (1) (c) 14
Omit "Police Service" wherever occurring. 15
Insert instead "NSW Police Force". 16
3.2 Bail Act 1978 No 161 17
[1] Section 36C (2) (c) 18
Omit "Police Service". Insert instead "NSW Police Force". 19
[2] Section 66 (2) (a) 20
Omit "Police Service Act 1990". Insert instead "Police Act 1990". 21
3.3 Casino Control Act 1992 No 15 22
Section 149 (7), paragraph (a) of the definition of "law enforcement 23
agency" 24
Omit "Police Service". Insert instead "NSW Police Force". 25
3.4 Children and Young Persons (Care and Protection) Act 1998 26
No 157 27
Section 30, note 28
Omit "Police Service". Insert instead "NSW Police Force". 29
Page 35
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 3 Amendments by way of statute law revision relating to references to the
NSW Police Force and the Police Act 1990
3.5 Crimes (Forensic Procedures) Act 2000 No 59 1
[1] Sections 3 (1) (paragraph (b) of the definition of "police station") and 2
43 (2) 3
Omit "Police Service". Insert instead "NSW Police Force". 4
[2] Sections 89 (note), 92 (2) (g) and 109 (3) (i) and (m) 5
Omit "Police Service Act 1990" wherever occurring. 6
Insert instead "Police Act 1990". 7
3.6 Crimes (Sentencing Procedure) Act 1999 No 92 8
Sections 51B (2) (c) and 100H (2) (c) 9
Omit "Police Service" wherever occurring. 10
Insert instead "NSW Police Force". 11
3.7 Criminal Procedure Act 1986 No 209 12
Section 3 (1), paragraph (a) of the definition of "public officer" 13
Omit "Police Service". Insert instead "NSW Police Force". 14
3.8 Criminal Records Act 1991 No 8 15
[1] Section 13 (2) 16
Omit "Criminal Records Unit of the Police Service". 17
Insert instead "Criminal Records Section of the NSW Police Force". 18
[2] Section 13 (5) 19
Omit "Police Service". Insert instead "NSW Police Force". 20
3.9 Drug Misuse and Trafficking Act 1985 No 226 21
[1] Sections 38 (2), 39, 39C, 39D (1), 39M (1), 39R (1) and 39S 22
Omit "police force" wherever occurring. Insert instead "NSW Police Force". 23
[2] Section 39RA (1) (b) 24
Omit "Police Service Act 1990". Insert instead "Police Act 1990". 25
Page 36
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision relating to references to the Schedule 3
NSW Police Force and the Police Act 1990
3.10 Fines Act 1996 No 99 1
Section 117 (1) 2
Omit "Police Service". Insert instead "NSW Police Force". 3
3.11 Fire Brigades Act 1989 No 192 4
Section 25 (1) and (2) 5
Omit "Police Service" wherever occurring. 6
Insert instead "NSW Police Force". 7
3.12 First State Superannuation Act 1992 No 100 8
Schedule 1 9
Omit "Police Service". Insert instead "NSW Police Force". 10
3.13 Health Records and Information Privacy Act 2002 No 71 11
[1] Sections 4 (1) (paragraph (a) of the definition of "law enforcement 12
agency" and paragraph (e) of the definition of "public sector agency") 13
and 17 14
Omit "Police Service" wherever occurring. 15
Insert instead "NSW Police Force". 16
[2] Section 5 (3) (k) 17
Omit "Police Service Act 1990". Insert instead "Police Act 1990". 18
3.14 Independent Commission Against Corruption Act 1988 19
No 35 20
[1] Sections 3 (1) (paragraph (f) of the definition of "public authority" and 21
paragraph (k) of the definition of "public official"), 16 (5), 36 (7), 39 (3) 22
and (4), 41 (1) and (2), 100 (3) and 105 and clause 2 (1) (b) of Schedule 3 23
Omit "Police Force" wherever occurring. Insert instead "NSW Police Force". 24
[2] Section 101B (1) and (5) 25
Omit "Police Service Act 1990" wherever occurring. 26
Insert instead "Police Act 1990". 27
Page 37
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 3 Amendments by way of statute law revision relating to references to the
NSW Police Force and the Police Act 1990
3.15 Industrial Relations Act 1996 No 17 1
Sections 83 (3) and 405 (1) and Dictionary (definition of "public sector 2
industrial agreement") 3
Omit "Police Service Act 1990" wherever occurring. 4
Insert instead "Police Act 1990". 5
3.16 Industrial Relations (General) Regulation 2001 6
[1] Clause 39 (1) (b) 7
Omit "Column 4". Insert instead "Column 2". 8
[2] Clause 40 9
Omit the clause. 10
[3] Schedule 2 11
Omit "(Clauses 39 and 40)". Insert instead "(Clause 39)". 12
[4] Schedule 2 13
Omit Columns 2 and 3. 14
[5] Schedule 2 15
Omit "Column 4". Insert instead "Column 2". 16
3.17 Jury Act 1977 No 18 17
Sections 68 (4) (g) and 68A (4) (g) 18
Omit "Police Service" wherever occurring. 19
Insert instead "NSW Police Force". 20
3.18 Meat Industry Act 1978 No 54 21
Section 76A (9) (b) 22
Omit "Police Service". Insert instead "NSW Police Force". 23
3.19 Motor Accidents Act 1988 No 102 24
[1] Sections 42 (1) and 46 (1) 25
Omit "Police Force" wherever occurring. Insert instead "NSW Police Force". 26
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision relating to references to the Schedule 3
NSW Police Force and the Police Act 1990
[2] Section 42A (1) 1
Omit "Police Service". Insert instead "NSW Police Force". 2
3.20 Motor Accidents Compensation Act 1999 No 41 3
Section 71 (1) 4
Omit "Police Service". Insert instead "NSW Police Force". 5
3.21 Motor Dealers Act 1974 No 52 6
[1] Sections 4 (1) (paragraph (a) of the definition of "authorised officer"), 7
38E (3) and (4), 53A (1A), (1B) and (3) (e) and 53AA (2) and (3) 8
Omit "police force" wherever occurring. Insert instead "NSW Police Force". 9
[2] Section 45A (3) and (7) 10
Omit "Police Service" wherever occurring. 11
Insert instead "NSW Police Force". 12
3.22 Motor Vehicle Repairs Act 1980 No 71 13
[1] Sections 38 (3) (a) (i), 75 (3) and (4), 75A (2) and (3) and 76 14
Omit "police force" wherever occurring. Insert instead "NSW Police Force". 15
[2] Section 77A (3) and (7) 16
Omit "Police Service" wherever occurring. 17
Insert instead "NSW Police Force". 18
3.23 Pawnbrokers and Second-hand Dealers Act 1996 No 13 19
Section 42 (2) 20
Omit "Police Service". Insert instead "NSW Police Force". 21
3.24 Police Superannuation Regulation 2010 22
Clause 5 (a) and (b) 23
Omit "police service" wherever occurring. Insert instead "NSW Police Force". 24
Page 39
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 3 Amendments by way of statute law revision relating to references to the
NSW Police Force and the Police Act 1990
3.25 Property, Stock and Business Agents Act 2002 No 66 1
Section 219 (5) (paragraph (a) of the definition of "law enforcement 2
officer") 3
Omit "Police Service". Insert instead "NSW Police Force". 4
3.26 Public Interest Disclosures Act 1994 No 92 5
[1] Section 4 (1) (paragraph (d) of the definition of "public authority") 6
Omit "Police Force". Insert instead "NSW Police Force". 7
[2] Section 9 (4) 8
Omit "Police Service" where firstly and secondly occurring. 9
Insert instead "NSW Police Force". 10
[3] Section 9 (4) 11
Omit "Police Service Act 1990" wherever occurring. 12
Insert instead "Police Act 1990". 13
3.27 Public Sector Employment and Management Act 2002 No 43 14
Section 120 (6) (e) 15
Omit "Police Service". Insert instead "NSW Police Force". 16
3.28 Road Transport (Driver Licensing) Act 1998 No 99 17
Section 41 (1) (a) 18
Omit "Police Service". Insert instead "NSW Police Force". 19
3.29 Road Transport (Safety and Traffic Management) Regulation 20
1999 21
Clause 126I (1) (a) 22
Omit "Police Service". Insert instead "NSW Police Force". 23
3.30 Rural Fires Act 1997 No 65 24
Sections 4, note, 41 (1) and (2) and 45 (1) 25
Omit "Police Service" wherever occurring. 26
Insert instead "NSW Police Force". 27
Page 40
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision relating to references to the Schedule 3
NSW Police Force and the Police Act 1990
3.31 State Authorities Non-contributory Superannuation Act 1
1987 No 212 2
[1] Sections 3 (1) (definition of "police executive officer") and 4A (10) (a) 3
Omit "Police Service Act 1990" wherever occurring. 4
Insert instead "Police Act 1990". 5
[2] Section 6 and Schedule 1 6
Omit "Police Service" wherever occurring. 7
Insert instead "NSW Police Force". 8
3.32 State Authorities Superannuation Act 1987 No 211 9
[1] Sections 3 (1) (definition of "police executive officer") and 4A (10) (a) 10
Omit "Police Service Act 1990" wherever occurring. 11
Insert instead "Police Act 1990". 12
[2] Section 8 and Schedule 1 13
Omit "Police Service" wherever occurring. 14
Insert instead "NSW Police Force". 15
3.33 State Emergency and Rescue Management Act 1989 No 165 16
Section 60L (4) 17
Omit "Police Service Act 1990". Insert instead "Police Act 1990". 18
3.34 Statutory and Other Offices Remuneration Act 1975 (1976 19
No 4) 20
[1] Section 24A, definition of "remuneration package" 21
Omit "Police Service Act 1990". Insert instead "Police Act 1990". 22
[2] Section 24A, definition of "senior executive office holder" 23
Omit "referred to in Schedule 2 to the Police Service Act 1990". 24
Insert instead "determined as an executive position under Division 2 of Part 5 25
of the Police Act 1990". 26
Page 41
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 3 Amendments by way of statute law revision relating to references to the
NSW Police Force and the Police Act 1990
3.35 Superannuation Act 1916 No 28 1
[1] Sections 3 (1) (definition of "Police executive officer") and 3AA (10) (a) 2
Omit "Police Service Act 1990" wherever occurring. 3
Insert instead "Police Act 1990". 4
[2] Section 3B (3) and Schedules 3 and 26 5
Omit "Police Service" wherever occurring. 6
Insert instead "NSW Police Force". 7
3.36 Totalizator Act 1997 No 45 8
Section 108 (1) 9
Omit "Police Service". Insert instead "NSW Police Force". 10
3.37 Tow Truck Industry Act 1998 No 111 11
Section 95 (1) 12
Omit "Police Service". Insert instead "NSW Police Force". 13
3.38 Transport Administration Act 1988 No 109 14
[1] Section 45E (1), paragraph (a) of the definition of "public authority" 15
Omit "Police Service". Insert instead "NSW Police Force". 16
[2] Section 117 (9) (a) 17
Omit "Police Force". Insert instead "NSW Police Force". 18
3.39 Unlawful Gambling Act 1998 No 113 19
Section 54 (1) 20
Omit "Police Service". Insert instead "NSW Police Force". 21
3.40 Victims Rights Act 1996 No 114 22
Section 13 (1) (b) 23
Omit "Police Service". Insert instead "NSW Police Force". 24
Page 42
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments by way of statute law revision relating to references to the Schedule 3
NSW Police Force and the Police Act 1990
3.41 Weapons Prohibition Act 1998 No 127 1
Sections 6 (3) (c) and 41 (3) (a) 2
Omit "Police Force" wherever occurring. Insert instead "NSW Police Force". 3
3.42 Witness Protection Act 1995 No 87 4
Sections 3 (1) (definition of "designated position"), 4 (1) (c), 8 (3) and (4), 5
29 (2) (b), 33 (1) (c) and (d), 34 (1) (b), 36 (2) (a), 38 (2) (d) and 39 (1) and (2) 6
Omit "Police Service" wherever occurring. 7
Insert instead "NSW Police Force". 8
3.43 Workplace Injury Management and Workers Compensation 9
Act 1998 No 86 10
[1] Sections 4 (1) (definition of "worker") and 6 (3) (except where lastly 11
occurring) 12
Omit "Police Service" wherever occurring. 13
Insert instead "NSW Police Force". 14
[2] Section 6 (3), note 15
Omit "Attention is also drawn to section 216 of the Police Service Act 1990, 16
which makes further provision for payment of compensation for those 17
members if they are hurt on duty.". 18
Page 43
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 4 Amendments transferring provisions, and other amendments consequential
on repeals
Schedule 4 Amendments transferring provisions, 1
and other amendments consequential on 2
repeals 3
Explanatory note 4
Schedule 4.1 [2] and [5], 4.3 [2], 4.44.6, 4.8 and 4.10 insert the substance of 5
provisions (of possible ongoing effect) of Acts and instruments repealed by clause 3 of 6
Schedule 5 into various Acts. In accordance with section 30A of the Interpretation 7
Act 1987, the transfer of those provisions does not affect the operation (if any) or 8
meaning of the provisions. In particular: 9
(a) sections 8 (1) (b) and 16 (2) of the Aberdare County Council (Dissolution) 10
Act 1982 are transferred to the Local Government and Other Authorities 11
(Superannuation) Act 1927, and 12
(b) section 16 of the Albury-Wodonga Development Repeal Act 2000 is transferred 13
to the Growth Centres (Development Corporations) Act 1974, and 14
(c) section 2 of, and the First and Second Schedules to, the Broken Hill Trades Hall 15
Site Extension Act 1915 are transferred to the Broken Hill Trades Hall Site Act 16
of 1898, and 17
(d) certain provisions of the following Acts are transferred to the Conversion of 18
Cemeteries Act 1974: 19
(i) Coonamble Cemetery Act 1963, 20
(ii) East Ballina Cemetery Act 1957, 21
(iii) Gosford Cemeteries Act 1970, 22
(iv) Liverpool Cemetery Act 1950, 23
(v) Mudgee Cemeteries Act 1963, 24
(vi) Old Balmain (Leichhardt) Cemetery Act 1941, 25
(vii) Old Liverpool Cemetery Act 1970, 26
(viii) Old Wallsend Cemetery Act 1953, 27
(ix) Parramatta Methodist Cemetery Act 1961, 28
(x) St. Thomas' Church of England, North Sydney, Cemetery Act 1967, and 29
(e) clause 4 of the Corporations (Ancillary Provisions) Regulation 2001 is 30
transferred to the Corporations (Ancillary Provisions) Act 2001, and 31
(f) section 4 of the Government Railways (Fencing) Act 1902 and section 8 of the 32
Port Kembla Inner Harbour (Further Construction) Act 1961 are transferred to 33
the Public Works Act 1912, and 34
(g) section 6 of the Queanbeyan Showground (Variation of Purposes) Act 1995 is 35
transferred to the Crown Lands Act 1989, and 36
(h) section 2 (4) of the River Murray (Diversion) Act 1933 is transferred to the Water 37
Management Act 2000. 38
Schedule 4.2 re-enacts section 2 of the Damage by Aircraft Act 1952, with minor 39
modifications, as new Part 12 of the Civil Liability Act 2002. 40
Schedule 4.1 [1][4] contain amendments to the Broken Hill Trades Hall Site Act 41
of 1898 that are consequential on the transfer of provisions from the Broken Hill Trades 42
Hall Site Extension Act 1915 referred to in paragraph (c) above. 43
Schedule 4.3 [1] makes an amendment to the Conversion of Cemeteries Act 1974 that 44
is consequential on the transfer of provisions referred to in paragraph (d) above. 45
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments transferring provisions, and other amendments consequential Schedule 4
on repeals
Schedule 4.9 makes amendments to the Subordinate Legislation Act 1989 that are 1
consequential on the repeal of the Corporations (Ancillary Provisions) Regulation 2001 2
and Bible Society NSW (Corporate Conversion) Act 2008 by Schedule 5. 3
4.1 Broken Hill Trades Hall Site Act of 1898 No 31 4
[1] Section 1 Land vested in trustees for the erection thereon of a trades hall 5
Omit "Schedule". Insert instead "Schedule 1". 6
[2] Sections 2 and 3 7
Omit the sections. Insert instead: 8
2 Trustees may make rules 9
The trustees may make rules for regulating the use of the land 10
described in the Schedules to this Act and any buildings on that 11
land, but such rules have no effect until approved by the Minister 12
for the time being charged with the administration of Chapter 5 13
of the Industrial Relations Act 1996. 14
3 Transferred provision--vesting of land described in Schedules 2 15
and 3 16
(1) The lands described in Schedules 2 and 3 are hereby vested in the 17
trustees for the time being elected under this Act, upon trust for 18
the purposes of and in connection with the trades hall aforesaid, 19
but freed from all other trusts and dedications. 20
(2) Subsection (1) re-enacts (with minor modifications) section 2 of 21
the Broken Hill Trades Hall Site Extension Act 1915 and is a 22
transferred provision to which section 30A of the Interpretation 23
Act 1987 applies. 24
[3] Section 3A 25
Insert after section 3 (as inserted by item [2]): 26
3A Savings 27
(1) Rules regulating the use of the Broken Hill Trades Hall that were 28
in force under this Act immediately before the commencement of 29
section 2 (as inserted by the Statute Law (Miscellaneous 30
Provisions) Act (No 2) 2011) are taken to have been made under 31
that section. 32
(2) Rules regulating the use of the lands described in Schedules 2 33
and 3 and any buildings on that land that were in force under the 34
Broken Hill Trades Hall Site Extension Act 1915 immediately 35
before the repeal of that Act are, on that repeal, taken to have 36
Page 45
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 4 Amendments transferring provisions, and other amendments consequential
on repeals
been made under section 2 (as inserted by the Statute Law 1
(Miscellaneous Provisions) Act (No 2) 2011). 2
[4] Schedule 3
Renumber the Schedule as Schedule 1. 4
[5] Schedules 2 and 3 5
Transfer the First and Second Schedules to the Broken Hill Trades Hall Site 6
Extension Act 1915 (which is repealed by clause 3 of Schedule 5 to this Act), 7
after the Schedule, as Schedules 2 and 3. 8
4.2 Civil Liability Act 2002 No 22 9
Part 12 10
Insert after Part 11: 11
Part 12 Damage by aircraft 12
72 Trespass or nuisance by aircraft (cf former s. 2 (1) and (5) of Damage by 13
Aircraft Act 1952) 14
(1) No action lies in respect of trespass or nuisance by reason only of 15
the flight (or the ordinary incidents of the flight) of an aircraft 16
over any property at a height above the ground that is reasonable 17
(having regard to wind, weather and all the circumstances of the 18
case) so long as the Air Navigation Regulations are complied 19
with. 20
(2) In this section, Air Navigation Regulations means the 21
regulations made under the Air Navigation Act 1920 of the 22
Commonwealth and includes such of the provisions of those 23
regulations as are applicable to and in respect of air navigation 24
within New South Wales by virtue only of the Air Navigation 25
Act 1938. 26
73 Surface damage by aircraft or articles falling from aircraft (cf 27
former s. 2 (2), (3) and (5) of Damage by Aircraft Act 1952) 28
(1) Where material loss or damage is caused to any person or 29
property on land or water by, or by a person in, or an article or 30
person falling from, an aircraft while in flight, taking off or 31
landing, then unless the loss or damage was caused or contributed 32
to by the negligence of the person by whom it was suffered, 33
damages in respect of the loss or damage are recoverable without 34
proof of negligence or intention or other cause of action, as if the 35
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments transferring provisions, and other amendments consequential Schedule 4
on repeals
loss or damage had been caused by the wilful act, neglect, or 1
default of the owner of the aircraft. 2
(2) However, where the material loss or damage is caused in 3
circumstances in which: 4
(a) damages are recoverable in respect of that loss or damage 5
by virtue only of subsection (1), and 6
(b) a legal liability is created in some person other than the 7
owner to pay damages in respect of that loss or damage, 8
the owner is entitled to be indemnified by that other person 9
against any claim in respect of that loss or damage. 10
(3) Where the aircraft concerned has been bona fide demised, let or 11
hired out for a period exceeding 14 days to any other person by 12
the owner of the aircraft, and no pilot, commander, navigator or 13
operative member of the crew of the aircraft is in the employment 14
of the owner, references in this section to the owner are to be read 15
as references to the person to whom the aircraft has been so 16
demised, let or hired out. 17
(4) In this section: 18
article includes mail or animal. 19
loss or damage includes, in relation to persons, loss of life and 20
personal injury. 21
4.3 Conversion of Cemeteries Act 1974 No 17 22
[1] Schedule 3 Transferred provisions relating to cemetery land 23
Insert before clause 1: 24
Part 1 Acts repealed by Statute Law 25
(Miscellaneous Provisions) Act 2011 26
[2] Schedule 3, Part 2 27
Insert after clause 7: 28
Part 2 Acts repealed by Statute Law 29
(Miscellaneous Provisions) Act (No 2) 2011 30
8 Provisions transferred to this Part 31
Clauses 1019 re-enact (with minor modifications) the following 32
provisions and are transferred provisions to which section 30A of 33
the Interpretation Act 1987 apply: 34
Page 47
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 4 Amendments transferring provisions, and other amendments consequential
on repeals
(a) section 2 (2) of the Coonamble Cemetery Act 1963, 1
(b) section 2 (2) of the East Ballina Cemetery Act 1957, 2
(c) section 5 (4) of the Gosford Cemeteries Act 1970, 3
(d) section 2 (2) of the Liverpool Cemetery Act 1950, 4
(e) section 2 (2) of the Mudgee Cemeteries Act 1963, 5
(f) section 3 (2) of the Old Balmain (Leichhardt) Cemetery 6
Act 1941, 7
(g) section 4 (3) of the Old Liverpool Cemetery Act 1970, 8
(h) sections 2 (2) and 3 (1)(3) of the Old Wallsend Cemetery 9
Act 1953, 10
(i) section 2 (2) of the Parramatta Methodist Cemetery 11
Act 1961, 12
(j) sections 3 (3), 4 (2) and 8 of the St. Thomas' Church of 13
England, North Sydney, Cemetery Act 1967. 14
9 Saving of trusts, reservations, dedications and other obligations 15
under repealed Acts 16
The repeal by the Statute Law (Miscellaneous Provisions) Act 17
(No 2) 2011 of an Act, provisions of which are transferred by this 18
Part, does not: 19
(a) affect any trust, reservation or dedication that existed 20
immediately before the repeal of that Act, or 21
(b) remove any obligation of a council with respect to a 22
register required to be compiled under the repealed Act. 23
10 Coonamble Cemetery Act 1963 24
The land described in the Schedule to the Coonamble Cemetery 25
Act 1963 (as in force immediately before its repeal) shall be 26
maintained by Coonamble Shire Council as a rest park and 27
garden area and, notwithstanding anything in any other Act, the 28
Council shall not use the land or permit the same to be used for 29
any other purpose. 30
11 East Ballina Cemetery Act 1957 31
The land described in the Schedule to the East Ballina Cemetery 32
Act 1957 (as in force immediately before its repeal) shall be 33
maintained by Ballina Shire Council as a rest park and garden 34
area and, notwithstanding anything in any other Act, the Council 35
shall not use the land or permit the same to be used for any other 36
purpose. 37
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments transferring provisions, and other amendments consequential Schedule 4
on repeals
12 Gosford Cemeteries Act 1970 1
The lands described in the First and Second Schedules to the 2
Gosford Cemeteries Act 1970 (as in force immediately before its 3
repeal) shall be maintained by Gosford City Council as rest parks 4
and garden areas and, notwithstanding anything in any other Act, 5
the Council shall not use those lands or permit them to be used 6
for any other purpose. 7
13 Liverpool Cemetery Act 1950 8
The land described in the Schedule to the Liverpool Cemetery 9
Act 1950 (as in force immediately before its repeal) shall be 10
maintained by Liverpool City Council as a rest park and garden 11
area and, notwithstanding anything in any other Act, the Council 12
shall not use the land or permit the same to be used for any other 13
purpose. 14
14 Mudgee Cemeteries Act 1963 15
The land described in the Schedule to the Mudgee Cemeteries 16
Act 1963 (as in force immediately before its repeal) shall be 17
maintained by Mid-Western Regional Council for any one or 18
more of the following purposes: 19
(a) rest park, 20
(b) garden area, 21
(c) children's playground, 22
and notwithstanding anything in any other Act, the Council shall 23
not use the land or permit the same to be used for any other 24
purpose. 25
15 Old Balmain (Leichhardt) Cemetery Act 1941 26
The land described in the Schedule to the Old Balmain 27
(Leichhardt) Cemetery Act 1941 (as in force immediately before 28
its repeal) shall be maintained by Leichhardt Municipal Council 29
as a rest park and garden area and, notwithstanding anything in 30
any other Act, the Council shall not use the land or permit the 31
same to be used for any other purpose. 32
16 Old Liverpool Cemetery Act 1970 33
The land described in the Schedule to the Old Liverpool 34
Cemetery Act 1970 (as in force immediately before its repeal) 35
shall be maintained by Liverpool City Council as a rest park and 36
garden and, notwithstanding anything in any other Act, the 37
Council shall not use the land or permit it to be used for any other 38
purpose. 39
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 4 Amendments transferring provisions, and other amendments consequential
on repeals
17 Old Wallsend Cemetery Act 1953 1
(1) The land described in the Schedule to the repealed Act (as in 2
force immediately before its repeal) shall be maintained by 3
Newcastle City Council as a rest park and garden area and, 4
notwithstanding anything in any other Act, the Council shall not 5
use the land or permit the same to be used for any other purpose. 6
(2) Nothing in the repealed Act (as in force immediately before its 7
repeal) shall affect any right title or interest which immediately 8
before the commencement of the repealed Act was reserved to 9
The Newcastle Wallsend Coal Company and its sequels in title 10
and assigns in respect of all coal and other minerals, not including 11
any minerals reserved to the Crown, lying in and under the land 12
described in the Schedule to that Act (as in force immediately 13
before its repeal), nor any necessary and proper rights powers and 14
easements reserved as aforesaid to enable it or them to get win 15
work and convey all coal, minerals and other materials belonging 16
to it or them from and to the workings of its or their mines. 17
(3) The Newcastle Wallsend Coal Company its sequels in title or 18
assigns or other the registered proprietor for the time being of the 19
land adjoining the land described in the Schedule to the repealed 20
Act (as in force immediately before its repeal) shall not be liable 21
to the Council its sequels in title or assigns or other the registered 22
proprietor or proprietors for the time being of the land described 23
in that Schedule for any pit fall or subsidences which may have 24
already or which may hereafter take place on or under such 25
lastmentioned land or on any other land adjacent thereto or for 26
any damage or nuisance occasioned thereby. 27
(4) The Council its sequels in title and assigns or other the registered 28
proprietor or proprietors for the time being of the land described 29
in the Schedule to the repealed Act (as in force immediately 30
before its repeal) shall for the benefit of the adjoining land of The 31
Newcastle Wallsend Coal Company abstain from erecting any 32
fence dividing the land described in that Schedule from such 33
adjoining land without first obtaining the consent of The 34
Newcastle Wallsend Coal Company in writing: Provided that 35
such consent shall not be necessary whenever any such fence 36
shall be erected without expense to the said Company. 37
(5) In this clause, repealed Act means the Old Wallsend Cemetery 38
Act 1953. 39
18 Parramatta Methodist Cemetery Act 1961 40
The land described in the Schedule to the Parramatta Methodist 41
Cemetery Act 1961 (as in force immediately before its repeal) 42
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Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments transferring provisions, and other amendments consequential Schedule 4
on repeals
shall be maintained by Parramatta City Council as a rest park and 1
garden area and, notwithstanding anything in any other Act, the 2
Council shall not use the land or permit the same to be used for 3
any other purpose. 4
19 St. Thomas' Church of England, North Sydney, Cemetery Act 1967 5
(1) North Sydney City Council shall maintain the scheduled land as 6
a rest park and garden and may erect and maintain a columbarium 7
on the scheduled land and, notwithstanding anything in any other 8
Act, the Council shall not use the scheduled land or permit it to 9
be used for any other purpose. 10
(2) The Council may, either alone or in conjunction with the Rector 11
and Churchwardens of St. Thomas' Church of England, North 12
Sydney, place in the columbarium referred to in subclause (1) the 13
ashes of persons who have been cremated. 14
(3) The Council may do all such other things as it may consider 15
necessary to effect the conversion of the scheduled land into a 16
rest park and garden and for the erection, maintenance and use of 17
a columbarium on the scheduled land. 18
(4) The Council may maintain the dwelling erected on the scheduled 19
land at the commencement of the repealed Act, and may, from 20
time to time, repair, rebuild or replace it. 21
(5) The dwelling may, with the approval of the Council, be used as a 22
residence for a sexton, groundsman, or caretaker, of the 23
scheduled land, upon such terms and conditions as may be agreed 24
upon from time to time between the Council and the sexton, 25
groundsman, or caretaker, as the case may be. 26
(6) So long as the land on which the dwelling is erected is so used for 27
the purposes of a residence for a sexton, groundsman, or 28
caretaker, of the scheduled land, the public shall not be entitled to 29
enter upon or use it, or any land which is within the curtilage of 30
the dwelling and is bounded by a substantial fence, as a public 31
park. 32
(7) Notwithstanding subclauses (5) and (6), the Council may use the 33
dwelling, and the land within the curtilage of the dwelling and 34
bounded by a substantial fence, for such other purposes and 35
subject to such terms and conditions as the Minister may approve 36
in writing. 37
(8) A reference in this clause to the dwelling erected on the 38
scheduled land at the commencement of the repealed Act 39
includes a reference to that dwelling as repaired, rebuilt or 40
replaced from time to time under the provisions of this clause. 41
Page 51
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 4 Amendments transferring provisions, and other amendments consequential
on repeals
(9) In this clause: 1
repealed Act means the St. Thomas' Church of England, North 2
Sydney, Cemetery Act 1967. 3
scheduled land means the land described in the Schedule to the 4
repealed Act (as in force immediately before its repeal). 5
4.4 Corporations (Ancillary Provisions) Act 2001 No 32 6
[1] Section 11 References to old/new corporations legislation or old/new 7
ASIC legislation 8
Insert at the end of the section: 9
Note. See section 11A for certain exceptions to subsections (1) and (5). 10
The exceptions were previously set out in the Corporations (Ancillary 11
Provisions) Regulation 2001, which has been repealed. 12
[2] Section 11A 13
Transfer clause 4 (1), (2) (c)(g), (j), (k), (n) and (p), (3) and (4) of the 14
Corporations (Ancillary Provisions) Regulation 2001 (which is repealed by 15
clause 3 of Schedule 5 to this Act) after section 11 as section 11A (1), 16
(2) (a)(i), (3) and (4), with the following heading: 17
11A Transferred provision--Corporations (Ancillary Provisions) 18
Regulation 2001 19
[3] Section 11A (1) (as inserted by item [2]) 20
Omit "clause". Insert instead "section". 21
[4] Section 11A (2) and (3) (as inserted by item [2]) 22
Omit "of the Act" wherever occurring. 23
[5] Section 11A (4) (as inserted by item [2]) 24
Omit "subclause". Insert instead "subsection". 25
[6] Section 11A (5) 26
Insert after section 11A (4) (as inserted by item [2]): 27
(5) This section re-enacts (with minor modifications) clause 4 of the 28
Corporations (Ancillary Provisions) Regulation 2001 and is a 29
transferred provision to which section 30A of the Interpretation 30
Act 1987 applies. 31
Page 52
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments transferring provisions, and other amendments consequential Schedule 4
on repeals
4.5 Crown Lands Act 1989 No 6 1
Schedule 6 2
Insert after Schedule 5: 3
Schedule 6 Transferred provisions 4
Part 1 Queanbeyan Showground (Variation of 5
Purposes) Act 1995 6
1 Plan of management--Queanbeyan Showground 7
(1) The Queanbeyan Showground Reserve Trust constituted under 8
section 5 of the repealed Act (as in force immediately before its 9
repeal) is taken to have been directed under section 112 of this 10
Act to prepare a draft plan of management for the Reserve within 11
3 months after 1 December 1995 (being the date of 12
commencement of the repealed Act). 13
(2) The draft plan of management is to include provisions ensuring 14
that the use of the Reserve for a public showground is not 15
prevented or restricted by the use of the land for the other 16
dedicated purposes and that the Reserve will be available for use 17
by The Queanbeyan Show Society Inc on such days (not 18
exceeding 14 each year) as are notified to the manager of the 19
Trust by the Society. 20
(3) A plan of management for the Reserve may be adopted only if it 21
includes such provisions or The Queanbeyan Show Society Inc 22
has consented by special resolution to the omission of such 23
provisions. 24
(4) This clause does not prevent the Minister from requiring a draft 25
plan of management for the Reserve to include other provisions 26
that are not inconsistent with this clause. 27
(5) In this clause: 28
repealed Act means the Queanbeyan Showground (Variation of 29
Purposes) Act 1995. 30
the Reserve has the same meaning that it had in the repealed Act 31
immediately before its repeal. 32
(6) Subclauses (1)(4) re-enact (with minor modifications) section 6 33
of the repealed Act and are transferred provisions to which 34
section 30A of the Interpretation Act 1987 applies. 35
Page 53
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 4 Amendments transferring provisions, and other amendments consequential
on repeals
4.6 Growth Centres (Development Corporations) Act 1974 No 49 1
Schedule 6 Savings, transitional and other provisions 2
Insert at the end of Schedule 6 (with appropriate Part and clause numbering): 3
Part Albury-Wodonga Development Repeal Act 4
2000 5
Transferred provision--functions and powers of Albury-Wodonga 6
Development Corporation 7
(1) The Albury-Wodonga Development Corporation established by 8
the Albury-Wodonga Development Act 1973 of the 9
Commonwealth has, and may exercise and perform, any 10
functions, powers or duties: 11
(a) that the Albury-Wodonga (New South Wales) Corporation 12
constituted by the Albury-Wodonga Development 13
Act 1974 could have exercised or performed at any time 14
before its dissolution, and 15
(b) that are conferred or imposed on it by or under the 16
Albury-Wodonga Area Development Winding-up 17
Agreement approved under the Albury-Wodonga 18
Development Repeal Act 2000. 19
(2) Subclause (1) re-enacts (with minor modifications) section 16 of 20
the Albury-Wodonga Development Repeal Act 2000 and is a 21
transferred provision to which section 30A of the Interpretation 22
Act 1987 applies. 23
4.7 Local Government and Other Authorities (Superannuation) 24
Act 1927 No 35 25
[1] Schedule H, heading 26
Omit "and transitional". Insert instead ", transitional and other". 27
[2] Schedule H, clause 1A 28
Insert in alphabetical order in Columns 1 and 2 of the Table to clause 1A (1): 29
Aberdare County Council (Dissolution) Sections 8 (1) (b) and 16 (2)
Act 1982
Page 54
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Amendments transferring provisions, and other amendments consequential Schedule 4
on repeals
4.8 Public Works Act 1912 No 45 1
[1] Section 91A Fences--transferred railway provisions 2
Insert after section 91A (2): 3
(2A) Government Railways (Fencing) Act 1902 4
Notwithstanding the provisions of section 91, the Constructing 5
Authority shall not in respect of any of the lines of railway 6
mentioned in the Second Schedule to the Government Railways 7
(Fencing) Act 1902 (as in force immediately before its repeal) be 8
required or compelled, nor shall it be the duty of the said 9
Authority, to make or maintain any fence along the said lines of 10
railway for the accommodation of any person or for any purpose 11
whatsoever; but the said Authority may, in its discretion, make 12
and maintain such fences in connection with the said lines of 13
railway as it may think fit. 14
Note. The railway lines concerned are Nyngan to Cobar, Narrabri to 15
Moree, Jerilderie to Berrigan, Parkes to Condobolin, Nevertire to 16
Warren, Berrigan to Finley, Tamworth to Manilla, Moree to Inverell, 17
Dubbo to Coonamble, Goulburn to Crookwell, The Rock to Green's 18
Gunyah, Koorawatha to Grenfell, Byrock to Brewarrina, Gundagai to 19
Tumut, Narrabri to Walgett, Culcairn to Germanton, Temora to Wyalong 20
and Manilla to Barraba. 21
[2] Section 91A (7) (b1) 22
Insert after section 91A (7) (b): 23
(b1) section 4 of the Government Railways (Fencing) Act 1902, 24
[3] Ninth Schedule Savings, transitional and other provisions 25
Insert in alphabetical order in the Table to clause 4 in Columns 1 and 2, 26
respectively: 27
Port Kembla Inner Harbour (Further Construction) Section 8
Act 1961
4.9 Subordinate Legislation Act 1989 No 146 28
Schedule 4 Excluded instruments 29
Omit items 24 and 31. 30
Page 55
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 4 Amendments transferring provisions, and other amendments consequential
on repeals
4.10 Water Management Act 2000 No 92 1
Schedule 9A 2
Insert after Schedule 9: 3
Schedule 9A Transferred provisions 4
1 River Murray (Diversion) Act 1933 5
(1) Upon completion of the works authorised by the River Murray 6
(Diversion) Act 1933 (as in force immediately before its repeal) 7
they shall be handed over to the Ministerial Corporation which 8
shall thereupon be charged with the maintenance thereof. 9
(2) Subclause (1) re-enacts (with minor modifications) section 2 (4) 10
of the River Murray (Diversion) Act 1933 and is a transferred 11
provision to which section 30A of the Interpretation Act 1987 12
applies. 13
Page 56
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Repeals Schedule 5
Schedule 5 Repeals 1
1 Repeal of redundant Acts, instruments and provisions 2
The following Acts and instruments, or provisions of Acts, are repealed. 3
Act or instrument Provisions repealed
AGL Corporate Conversion Act 2002 No 16 Section 15 and Schedule 2
Appropriation Act 2010 No 43 Whole Act
Appropriation (Budget Variations) Act 2010 Whole Act
No 21
Appropriation (Parliament) Act 2010 No 44 Whole Act
Appropriation (Special Offices) Act 2010 No 45 Whole Act
Appropriation (Supply and Budget Variations) Part 5 and Schedules 1
Act 2011 No 14 and 2
Bible Society NSW (Corporate Conversion) Act Whole Act
2008 No 91
British Home Supplies Pty., Limited Whole Act
(Investigation) Act 1942 No 17
Builders Labourers Federation (Special Whole Act
Provisions) Act 1986 No 17
Cancer Institute (NSW) Regulation 2005 Whole Regulation
Centenary Park Sale (Conveyancing) Act 1905 Whole Act
No 6
Charcoal (Producer Gas) Act 1941 No 60 Whole Act
Collarenebri Water Supply Act 1968 No 18 Whole Act
College Street Pedestrian Subway Construction Whole Act
Act 1950 No 42
Companies (Death Duties) Act 1901 No 30 Whole Act
Corporations (Consequential Amendments) Act Whole Act
2001 No 34
Environmental Planning and Assessment Whole Regulation
(Savings and Transitional) Regulation 1986
Environmental Planning and Assessment Whole Regulation
(Savings and Transitional) Regulation 1998
Environmental Planning and Assessment Whole Regulation
(Sydney Cove) Savings and Transitional
Regulation 1999
Page 57
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 5 Repeals
Act or instrument Provisions repealed
Federal Aid Roads and Works Act 1937 No 22 Whole Act
Glen Davis Act 1939 No 38 Section 5
Glenreagh to Dorrigo Railway (Closure) Act Whole Act
1993 No 65
Gore Hill Memorial Cemetery Act 1986 No 116 Sections 4 and 14
GosfordWyong Electricity Supply (Special Whole Act
Provisions) Act 1985 No 182
Grafton Water Supply Act 1956 No 33 Whole Act
Hunter District Water Board Employees' Whole Act
Provident Fund (Special Provisions) Act 1987
No 213
Industrial Arbitration (Special Provisions) Act Whole Act
1984 No 121
Interest Reduction Act 1931 No 44 Whole Act
Irrigation Areas (Conversion of Leases) Act Whole Act
1977 No 61
Local Government (Areas) Act 1948 No 30 Whole Act
Manning District Water Supply Act 1969 No 21 Whole Act
Menindee Lakes Storage Agreement Act 1964 Whole Act
No 4
Murrumbidgee Turf Club (Divesting) Act 1936 Whole Act
No 26
Olympic Co-ordination Authority Dissolution Whole Act
Act 2002 No 55
Port Kembla Inner Harbour Construction and Part 2 and First Schedule
Agreement Ratification Act 1955 No 43
Price Exploitation Code (New South Wales) Act Whole Act
1999 No 55
Real Property (Legal Proceedings) Act 1970 Whole Act
No 92
Rural Reconstruction Act 1939 No 45 Whole Act
States and Northern Territory Grants (Rural Whole Act
Adjustment) Agreement Ratification Act 1989
No 168
States Grants (Rural Reconstruction) Whole Act
Agreement Ratification Act 1971 No 37
Page 58
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Repeals Schedule 5
Act or instrument Provisions repealed
Sydney Bethel Union Enabling Act 1934 No 23 Whole Act
Sydney Female School of Industry (Dissolution) Whole Act
Act 1926 No 18
Sydney Olympic Park Authority Act 2001 No 57 Sections 83 (1) and (2) and
8486 and Schedules 5
and 6
Trustees Delegation of Powers Act 1915 No 31 Whole Act
Tuberculosis Act 1970 No 18 Whole Act
Walgett Water Supply Act 1959 No 17 Whole Act
Water (Commonwealth Powers) Act 2008 No 69 Sections 8, 10 and 11 and
Schedule 1
Workmen's Compensation (Lead Poisoning-- Whole Act
Broken Hill) Act 1922 No 31
Year 2000 Information Disclosure Act 1999 Whole Act
No 23
2 Repeal of amending provisions that have commenced 1
The following provisions of Acts and instruments are repealed: 2
Act or instrument Provisions repealed
Building Professionals Amendment Act 2008 Schedule 1 [44]
No 37
Central Coast Water Corporation Act 2006 Schedule 7.1 and 7.2 [3]
No 105
Court Security Act 2005 No 1 Section 32
Federal Courts (State Jurisdiction) Act 1999 Section 15
No 22
Gene Technology (New South Wales) Act 2003 Section 21
No 11
Government Guarantees Act 1934 No 57 Section 7
Homebush Motor Racing (Sydney 400) Act Section 45
2008 No 106
Industrial Relations (Child Employment) Act Section 23
2006 No 96
Industrial Relations (Ethical Clothing Trades) Section 20 and Schedule 2
Act 2001 No 128
Page 59
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 5 Repeals
Act or instrument Provisions repealed
Licensing and Registration (Uniform Schedule 4.1, 4.64.8,
Procedures) Act 2002 No 28 4.11, 4.14, 4.27 and 4.29
Long Service Leave (Metalliferous Mining Section 16
Industry) Act 1963 No 48
Marine Safety Act 1998 No 121 Schedule 3.7 [7], [9], [11]
and [13]
Married Persons (Equality of Status) Act 1996 Section 16 and Schedule 2
No 96
Mine Safety (Cost Recovery) Act 2005 No 116 Section 18
Mine Subsidence Compensation Act 1961 Section 19
No 22
Motor Accidents Compensation Amendment Act Schedule 1 [7]
2006 No 17
Motor Vehicles (Third Party Insurance) Act Section 44
1942 No 15
National Park Estate (Lower Hunter Region Sections 1416 and
Reservations) Act 2006 No 90 Schedules 8 and 9
National Park Estate (Reservations) Act 2005 Sections 14 and 15
No 84
Protection of the Environment Operations Clause 58 and Schedule 3
(Noise Control) Regulation 2008
Regional Development Act 2004 No 58 Section 18
Road Transport Legislation Amendment Act Schedule 5 [2][9]
2008 No 61
Soil Conservation Act 1938 No 10 Part 7
State Arms, Symbols and Emblems Act 2004 Section 8
No 1
Statute Law (Miscellaneous Provisions) Act Schedule 1
2011 No 27
Trustee Act 1925 No 14 Section 105
Water Management Amendment Act 2008 Schedule 4 [4]
No 73
Youth and Community Services Act 1973 No 90 Schedule
Page 60
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Repeals Schedule 5
3 Repeal of Acts and instruments whose provisions are transferred by 1
Schedule 4 2
The following Acts and instruments are repealed: 3
Act or instrument Provisions repealed
Aberdare County Council (Dissolution) Act Whole Act
1982 No 74
Albury-Wodonga Development Repeal Act 2000 Whole Act
No 18
Broken Hill Trades Hall Site Extension Act Whole Act
1915 No 42
Coonamble Cemetery Act 1963 No 1 Whole Act
Corporations (Ancillary Provisions) Regulation Whole Regulation
2001
Damage by Aircraft Act 1952 No 46 Whole Act
East Ballina Cemetery Act 1957 No 37 Whole Act
Gosford Cemeteries Act 1970 No 84 Whole Act
Government Railways (Fencing) Act 1902 Whole Act
No 76
Liverpool Cemetery Act 1950 No 20 Whole Act
Mudgee Cemeteries Act 1963 No 2 Whole Act
Old Balmain (Leichhardt) Cemetery Act 1941 Whole Act
No 12
Old Liverpool Cemetery Act 1970 No 49 Whole Act
Old Wallsend Cemetery Act 1953 No 5 Whole Act
Parramatta Methodist Cemetery Act 1961 Whole Act
No 44
Port Kembla Inner Harbour (Further Whole Act
Construction) Act 1961 No 45
Queanbeyan Showground (Variation of Whole Act
Purposes) Act 1995 No 14
River Murray (Diversion) Act 1933 (1934 Whole Act
No 24)
St. Thomas' Church of England, North Sydney, Whole Act
Cemetery Act 1967 No 22
Page 61
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Schedule 6 General savings, transitional and other provisions
Schedule 6 General savings, transitional and other 1
provisions 2
1 Effect of amendment of amending provisions 3
(1) An amendment made by Schedule 1, 2 or 3 to an amending provision 4
contained in an Act or instrument is, if the amending provision has 5
commenced before the Schedule 1, 2 or 3 amendment concerned, taken 6
to have effect as from the commencement of the amending provision 7
(whether or not the amending provision has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act or instrument that 10
makes a direct amendment to an Act or instrument by: 11
(a) the repeal or omission of matter contained in the amended Act or 12
instrument without the insertion of any matter instead of the 13
repealed or omitted matter, or 14
(b) the omission of matter contained in the amended Act or 15
instrument and the insertion of matter instead of the omitted 16
matter, or 17
(c) the insertion into the amended Act or instrument of matter, not 18
being matter inserted instead of matter omitted from the Act or 19
instrument. 20
Explanatory note 21
This clause ensures that certain amendments, including amendments correcting errors 22
in technical provisions (for example, headings indicating the section to be amended or 23
directions as to where a new section is to be inserted) and rectifying minor drafting 24
errors (for example, corrections in numbering of provisions, correction or insertion of 25
cross-references, omission of unnecessary matter or insertion of omitted matter), will 26
be taken to have commenced on the date the amendments to which they relate 27
commenced. 28
2 Effect of amendment or repeal on acts done or decisions made 29
Except where it is expressly provided to the contrary, if this Act: 30
(a) amends a provision of an Act or an instrument, or 31
(b) repeals and re-enacts (with or without modification) a provision 32
of an Act or an instrument, 33
any act done or decision made under the provision amended or repealed 34
has effect after the amendment or repeal as if it had been done or made 35
under the provision as so amended or repealed. 36
Explanatory note 37
This clause ensures that the amendment or repeal of a provision will not, unless 38
expressly provided, vitiate any act done or decision made under the provision as in 39
force before the amendment or repeal. 40
Page 62
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
General savings, transitional and other provisions Schedule 6
3 Effect of amendment on instruments 1
Except where expressly provided to the contrary, any instrument made 2
under an Act amended by this Act, that is in force immediately before 3
the commencement of the amendment, is taken to have been made 4
under the Act as amended. 5
Explanatory note 6
This clause ensures that, unless expressly provided, any instrument that is in force and 7
made under a provision of an Act that is amended or substituted by the proposed Act 8
will be taken to have been made under the Act as amended. 9
4 Revocation of repeal 10
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts 11
or instruments by this Act. 12
Explanatory note 13
The effect of this clause is to enable the Governor, by proclamation, to revoke the 14
repeal of any Act or instrument or the provision of any Act or instrument repealed by 15
the proposed Act. The Act or instrument or provision of an Act or instrument the subject 16
of the revocation of repeal is taken not to be, and never to have been, repealed. 17
5 Regulations 18
(1) The Governor may make regulations containing provisions of a savings 19
or transitional nature consequent on the enactment of this Act. 20
(2) Any such provision may, if the regulations so provide, take effect from 21
the date of assent to this Act or a later date. 22
(3) To the extent to which any such provision takes effect from a date that 23
is earlier than the date of its publication on the NSW legislation website, 24
the provision does not operate so as: 25
(a) to affect, in a manner prejudicial to any person (other than the 26
State or an authority of the State), the rights of that person 27
existing before the date of its publication, or 28
(b) to impose liabilities on any person (other than the State or an 29
authority of the State) in respect of anything done or omitted to 30
be done before the date of its publication. 31
Explanatory note 32
This clause enables the making of regulations of a savings or transitional nature having 33
a short term effect and relating to incidental matters arising out of the proposed Act with 34
regard to which no specific, or sufficient, provision has been made in the proposed Act. 35
Page 63
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Notes
Notes 1
Index of Acts and instruments amended by Schedules 14 2
Aboriginal Land Rights Regulation 2002--Schedule 2 3
Albury Local Environmental Plan 2010--Schedule 2 4
Anti-Discrimination Act 1977 No 48--Schedule 3 5
Bail Act 1978 No 161--Schedule 3 6
Balranald Local Environmental Plan 2010--Schedule 2 7
Bathurst Regional (Interim) Local Environmental Plan 2005--Schedule 2 8
Bellingen Local Environmental Plan 2010--Schedule 2 9
Broken Hill Trades Hall Site Act of 1898 No 31--Schedule 4 10
Building Professionals Act 2005 No 115--Schedule 1 11
Casino Control Act 1992 No 15--Schedule 3 12
Children and Young Persons (Care and Protection) Act 1998 No 157--Schedule 3 13
Children (Criminal Proceedings) Regulation 2011--Schedule 2 14
Civil Liability Act 2002 No 22--Schedule 4 15
Commercial Agents and Private Inquiry Agents Act 2004 No 70--Schedule 1 16
Commercial Agents and Private Inquiry Agents Regulation 2006--Schedule 2 17
Commission for Children and Young People Act 1998 No 146--Schedule 2 18
Community Land Management Act 1989 No 202--Schedule 1 19
Companion Animals Act 1998 No 87--Schedule 1 20
Consumer, Trader and Tenancy Tribunal Act 2001 No 82--Schedule 1 21
Conversion of Cemeteries Act 1974 No 17--Schedule 4 22
Coolamon Local Environmental Plan 2011--Schedule 2 23
Coonamble Local Environmental Plan 2011--Schedule 2 24
Corporations (Ancillary Provisions) Act 2001 No 32--Schedule 4 25
Crimes (Forensic Procedures) Act 2000 No 59--Schedule 3 26
Crimes (Sentencing Procedure) Act 1999 No 92--Schedule 3 27
Criminal Procedure Act 1986 No 209--Schedule 3 28
Criminal Records Act 1991 No 8--Schedule 3 29
Crown Lands Act 1989 No 6--Schedule 4 30
Drug Misuse and Trafficking Act 1985 No 226--Schedule 3 31
Duties Act 1997 No 123--Schedule 2 32
Environmental Planning and Assessment Act 1979 No 203--Schedules 1 and 2 33
Explosives Act 2003 No 39--Schedule 1 34
Fines Act 1996 No 99--Schedules 2 and 3 35
Page 64
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Notes
Fire Brigades Act 1989 No 192--Schedule 3 1
First State Superannuation Act 1992 No 100--Schedule 3 2
Growth Centres (Development Corporations) Act 1974 No 49--Schedule 4 3
Harden Local Environmental Plan 2011--Schedule 2 4
Health Care Complaints Act 1993 No 105--Schedule 1 5
Health Records and Information Privacy Act 2002 No 71--Schedules 1 and 3 6
Health Services Act 1997 No 154--Schedule 2 7
Health Services Regulation 2008--Schedule 2 8
Independent Commission Against Corruption Act 1988 No 35--Schedule 3 9
Industrial Relations Act 1996 No 17--Schedule 3 10
Industrial Relations (General) Regulation 2001--Schedule 3 11
Innovation Council Act 1996 No 77--Schedule 1 12
Jury Act 1977 No 18--Schedule 3 13
and and Environment Court Act 1979 No 204--Schedule 2 14
iquor Regulation 2008--Schedule 2 15
iverpool Local Environmental Plan 2008--Schedule 2 16
ocal Government and Other Authorities (Superannuation) Act 1927 No 35-- 17
Schedule 4 18
Marine Safety Act 1998 No 121--Schedule 2 19
Meat Industry Act 1978 No 54--Schedule 3 20
Mental Health (Forensic Provisions) Act 1990 No 10--Schedule 2 21
Motor Accidents Act 1988 No 102--Schedule 3 22
Motor Accidents Compensation Act 1999 No 41--Schedule 3 23
Motor Dealers Act 1974 No 52--Schedule 3 24
Motor Vehicle Repairs Act 1980 No 71--Schedule 3 25
Nambucca Local Environmental Plan 2010--Schedule 2 26
National Parks and Wildlife Act 1974 No 80--Schedule 1 27
Pawnbrokers and Second-hand Dealers Act 1996 No 13--Schedule 3 28
Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011 No 19--Schedule 2 29
Poisons and Therapeutic Goods Act 1966 No 31--Schedule 2 30
Police Superannuation Regulation 2010--Schedule 3 31
Prevention of Cruelty to Animals Act 1979 No 200--Schedule 2 32
Property, Stock and Business Agents Act 2002 No 66--Schedules 1 and 3 33
Public Finance and Audit Act 1983 No 152--Schedule 2 34
Public Interest Disclosures Act 1994 No 92--Schedule 3 35
Public Sector Employment and Management Act 2002 No 43--Schedule 3 36
Page 65
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Notes
Public Works Act 1912 No 45--Schedule 4 1
Residential Parks Act 1998 No 142--Schedules 1 and 2 2
Residential Tenancies Act 2010 No 42--Schedule 1 3
Retirement Villages Act 1999 No 81--Schedules 1 and 2 4
Road Transport (Driver Licensing) Act 1998 No 99--Schedule 3 5
Road Transport (Safety and Traffic Management) Regulation 1999--Schedule 3 6
Road Transport (Vehicle Registration) Act 1997 No 119--Schedules 1 and 2 7
Roads Act 1993 No 33--Schedule 1 8
Rural Fires Act 1997 No 65--Schedule 3 9
Rural Lands Protection Act 1998 No 143--Schedule 2 10
Security Industry Act 1997 No 157--Schedule 1 11
Standard Instrument (Local Environmental Plans) Order 2006--Schedule 2 12
State Authorities Non-contributory Superannuation Act 1987 No 212--Schedule 3 13
State Authorities Superannuation Act 1987 No 211--Schedule 3 14
State Authorities Superannuation Regulation 2010--Schedule 2 15
State Emergency and Rescue Management Act 1989 No 165--Schedules 1 and 3 16
State Environmental Planning Policy (Affordable Rental Housing) 2009-- 17
Schedule 2 18
State Environmental Planning Policy (Major Development) 2005--Schedule 2 19
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)--Schedule 3 20
Strata Schemes Management Act 1996 No 138--Schedule 1 21
Strata Schemes Management Regulation 2010--Schedule 2 22
Subordinate Legislation Act 1989 No 146--Schedule 4 23
Summary Offences Act 1988 No 25--Schedule 2 24
Superannuation Act 1916 No 28--Schedules 1, 2 and 3 25
Sydney Olympic Park Authority Act 2001 No 57--Schedule 1 26
Sydney Water Act 1994 No 88--Schedule 2 27
Threatened Species Conservation Act 1995 No 101--Schedule 2 28
Totalizator Act 1997 No 45--Schedule 3 29
Tow Truck Industry Act 1998 No 111--Schedule 3 30
Transport Administration Act 1988 No 109--Schedule 3 31
Transport Administration (Staff) Regulation 2005--Schedule 2 32
Unlawful Gambling Act 1998 No 113--Schedule 3 33
Valuers Regulation 2010--Schedule 2 34
Victims Rights Act 1996 No 114--Schedule 3 35
Water Management Act 2000 No 92--Schedules 1 and 4 36
Page 66
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Notes
Water Management Amendment Act 2010 No 133--Schedule 1 1
Water Management (General) Regulation 2011--Schedule 1 2
Water Sharing Plan for the Castlereagh (below Binnaway) Unregulated and Alluvial 3
Water Sources 2011--Schedule 2 4
Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water 5
Sources 2011--Schedule 2 6
Water Sharing Plan for the North Western Unregulated and Fractured Rock Water 7
Sources 2011--Schedule 2 8
Weapons Prohibition Act 1998 No 127--Schedule 3 9
Witness Protection Act 1995 No 87--Schedule 3 10
Woollahra Local Environmental Plan 1995--Schedule 2 11
Workers Compensation Act 1987 No 70--Schedule 2 12
Workplace Injury Management and Workers Compensation Act 1998 No 86-- 13
Schedule 3 14
Young Local Environmental Plan 2010--Schedule 2 15
Index of Acts and instruments wholly repealed by Schedule 5 16
Aberdare County Council (Dissolution) Act 1982 No 74 17
Albury-Wodonga Development Repeal Act 2000 No 18 18
Appropriation Act 2010 No 43 19
Appropriation (Budget Variations) Act 2010 No 21 20
Appropriation (Parliament) Act 2010 No 44 21
Appropriation (Special Offices) Act 2010 No 45 22
Bible Society NSW (Corporate Conversion) Act 2008 No 91 23
British Home Supplies Pty., Limited (Investigation) Act 1942 No 17 24
Broken Hill Trades Hall Site Extension Act 1915 No 42 25
Builders Labourers Federation (Special Provisions) Act 1986 No 17 26
Cancer Institute (NSW) Regulation 2005 27
Centenary Park Sale (Conveyancing) Act 1905 No 6 28
Charcoal (Producer Gas) Act 1941 No 60 29
Collarenebri Water Supply Act 1968 No 18 30
College Street Pedestrian Subway Construction Act 1950 No 42 31
Companies (Death Duties) Act 1901 No 30 32
Coonamble Cemetery Act 1963 No 1 33
Corporations (Ancillary Provisions) Regulation 2001 34
Corporations (Consequential Amendments) Act 2001 No 34 35
Damage by Aircraft Act 1952 No 46 36
Page 67
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Notes
East Ballina Cemetery Act 1957 No 37 1
Environmental Planning and Assessment (Savings and Transitional) 2
Regulation 1986 3
Environmental Planning and Assessment (Savings and Transitional) 4
Regulation 1998 5
Environmental Planning and Assessment (Sydney Cove) Savings and Transitional 6
Regulation 1999 7
Federal Aid Roads and Works Act 1937 No 22 8
Glenreagh to Dorrigo Railway (Closure) Act 1993 No 65 9
Gosford Cemeteries Act 1970 No 84 10
GosfordWyong Electricity Supply (Special Provisions) Act 1985 No 182 11
Government Railways (Fencing) Act 1902 No 76 12
Grafton Water Supply Act 1956 No 33 13
Hunter District Water Board Employees' Provident Fund (Special Provisions) Act 14
1987 No 213 15
Industrial Arbitration (Special Provisions) Act 1984 No 121 16
Interest Reduction Act 1931 No 44 17
Irrigation Areas (Conversion of Leases) Act 1977 No 61 18
iverpool Cemetery Act 1950 No 20 19
ocal Government (Areas) Act 1948 No 30 20
Manning District Water Supply Act 1969 No 21 21
Menindee Lakes Storage Agreement Act 1964 No 4 22
Mudgee Cemeteries Act 1963 No 2 23
Murrumbidgee Turf Club (Divesting) Act 1936 No 26 24
Old Balmain (Leichhardt) Cemetery Act 1941 No 12 25
Old Liverpool Cemetery Act 1970 No 49 26
Old Wallsend Cemetery Act 1953 No 5 27
Olympic Co-ordination Authority Dissolution Act 2002 No 55 28
Parramatta Methodist Cemetery Act 1961 No 44 29
Port Kembla Inner Harbour (Further Construction) Act 1961 No 45 30
Price Exploitation Code (New South Wales) Act 1999 No 55 31
Queanbeyan Showground (Variation of Purposes) Act 1995 No 14 32
Real Property (Legal Proceedings) Act 1970 No 92 33
River Murray (Diversion) Act 1933 (1934 No 24) 34
Rural Reconstruction Act 1939 No 45 35
St. Thomas' Church of England, North Sydney, Cemetery Act 1967 No 22 36
Page 68
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Notes
States and Northern Territory Grants (Rural Adjustment) Agreement Ratification Act 1
1989 No 168 2
States Grants (Rural Reconstruction) Agreement Ratification Act 1971 No 37 3
Sydney Bethel Union Enabling Act 1934 No 23 4
Sydney Female School of Industry (Dissolution) Act 1926 No 18 5
Trustees Delegation of Powers Act 1915 No 31 6
Tuberculosis Act 1970 No 18 7
Walgett Water Supply Act 1959 No 17 8
Workmen's Compensation (Lead Poisoning--Broken Hill) Act 1922 No 31 9
Year 2000 Information Disclosure Act 1999 No 23 10
Index of Acts and instruments partly repealed by Schedule 5 11
AGL Corporate Conversion Act 2002 No 16 12
Appropriation (Supply and Budget Variations) Act 2011 No 14 13
Building Professionals Amendment Act 2008 No 37 14
Central Coast Water Corporation Act 2006 No 105 15
Court Security Act 2005 No 1 16
Federal Courts (State Jurisdiction) Act 1999 No 22 17
Gene Technology (New South Wales) Act 2003 No 11 18
Glen Davis Act 1939 No 38 19
Gore Hill Memorial Cemetery Act 1986 No 116 20
Government Guarantees Act 1934 No 57 21
Homebush Motor Racing (Sydney 400) Act 2008 No 106 22
Industrial Relations (Child Employment) Act 2006 No 96 23
Industrial Relations (Ethical Clothing Trades) Act 2001 No 128 24
icensing and Registration (Uniform Procedures) Act 2002 No 28 25
ong Service Leave (Metalliferous Mining Industry) Act 1963 No 48 26
Marine Safety Act 1998 No 121 27
Married Persons (Equality of Status) Act 1996 No 96 28
Mine Safety (Cost Recovery) Act 2005 No 116 29
Mine Subsidence Compensation Act 1961 No 22 30
Motor Accidents Compensation Amendment Act 2006 No 17 31
Motor Vehicles (Third Party Insurance) Act 1942 No 15 32
National Park Estate (Lower Hunter Region Reservations) Act 2006 No 90 33
National Park Estate (Reservations) Act 2005 No 84 34
Port Kembla Inner Harbour Construction and Agreement Ratification Act 1955 35
No 43 36
Page 69
Statute Law (Miscellaneous Provisions) Bill (No 2) 2011
Notes
Protection of the Environment Operations (Noise Control) Regulation 2008 1
Regional Development Act 2004 No 58 2
Road Transport Legislation Amendment Act 2008 No 61 3
Soil Conservation Act 1938 No 10 4
State Arms, Symbols and Emblems Act 2004 No 1 5
Statute Law (Miscellaneous Provisions) Act 2011 No 27 6
Sydney Olympic Park Authority Act 2001 No 57 7
Trustee Act 1925 No 14 8
Water (Commonwealth Powers) Act 2008 No 69 9
Water Management Amendment Act 2008 No 73 10
Youth and Community Services Act 1973 No 90 11
Page 70
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