New South Wales Consolidated Acts

APIARIES ACT 1985 - SCHEDULE 5

SCHEDULE 5 – Savings and transitional provisions

(Section 53)

1 Definition

In this Schedule, "commencement day" means the day on which the provisions of this Act referred to in section 2 (5) commence.

2 Inspectors

The persons holding office as inspectors under section 3 (1) of the repealed Act immediately before the commencement day shall be deemed to have been appointed as inspectors under section 5 (1) of this Act.

3 Beekeeper deemed to have notified notifiable disease in certain cases

Where:

(a) a beekeeper on whose apiary a disease appeared before the commencement day has, before that day, sent written notice of the disease to the Minister or an inspector in accordance with section 5 of the repealed Act, and

(b) the disease is a notifiable disease which continues to infect the bees in the apiary on the commencement day,

4 Effect of proclamation under section 8C of repealed Act

Where, immediately before the commencement day, a proclamation by the Governor under section 8C of the repealed Act was in force, that proclamation shall, on and after that day, continue in force, and may be altered, varied or revoked, as if it were an order made by the Minister under section 26 of this Act.

5 Effect of proclamation under section 12C of repealed Act

Where, immediately before the commencement day, a proclamation under section 12C of the repealed Act was in force, that proclamation shall, on and after that day, continue in force, and may be revoked, altered or varied, as if it were an order made under section 19 of this Act.

6 Regulations of a savings or transitional nature

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Apiaries Amendment Act 2006

(2) A provision made under subclause (1) may take effect as from the date of assent to the Act concerned or a later date.

(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or a public authority), the rights of that person existing before the date of its publication therein, or

(b) to impose liabilities on any person (other than the State or a public authority) in respect of anything done or omitted to be done before the date of its publication therein.

(4) A provision made under subclause (1) shall, if the regulations expressly so provide, have effect notwithstanding the provisions of clauses 1-5.

7 Continuity of things done

Anything done by the Chief, Division of Animal Industries under or for the purposes of section 24A (1) (b) is, to the extent that the thing done had effect immediately before the amendment of that paragraph by the Statute Law (Miscellaneous Provisions) Act 2005 , taken to have been done by the Director-General.

8 Prescribed forms

A form prescribed for the purposes of section 7 (2) (a), 8 (3) (a), 10 (3), 11 (2) (a) or (6) (b) or 30 (1) by a regulation in force immediately before the repeal and re-enactment or amendment (as the case may be) of the provision concerned by the Statute Law (Miscellaneous Provisions) Act 2005 is, until such time as a different form is approved for the purposes of the provision concerned, taken to be an approved form for the purposes of that provision.

9 Notice to stop vehicle

A traffic sign of a kind prescribed for the purposes of section 38 (2) by a regulation in force immediately before the amendment of that subsection by the Statute Law (Miscellaneous Provisions) Act 2005 is, until such time as a traffic sign of a different kind is approved for the purposes of that provision, taken to be a traffic sign of a kind approved by the Director-General.

10 Registrar of beekeepers

(1) Anything done by the registrar of beekeepers under or for the purposes of this Act is, to the extent that the thing done had effect immediately before the repeal of section 4 by the Apiaries Amendment Act 2006 , taken to have been done by the Director-General.

(2) Any application for registration made to the registrar under section 7 and not finally determined before the amendment of that section by the Apiaries Amendment Act 2006 is taken to have been made to the Director-General.

11 Register of beekeepers

The register of beekeepers kept under section 13 immediately before the amendment of that section by the Apiaries Amendment Act 2006 is taken to be the register required to be kept under that section as so amended.