New South Wales Consolidated Acts

AGRICULTURAL LIVESTOCK (DISEASE CONTROL FUNDING) ACT 1998 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 34)

Part 1 - General

1 Regulations

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

This Act

Agricultural Livestock (Disease Control Funding) Amendment Act 2004

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision 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 an authority of the State), the rights of that person existing before the date of its publication, or

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

2 Amendment of this Act following commencement of Rural Lands Protection Act 1998

On the commencement of the Rural Lands Protection Act 1998 , this Act is amended as follows:

(a) by omitting from the definition of "occupier" in section 3 and from sections 23 and 24 “ Rural Lands Protection Act 1989 ” wherever occurring and by inserting instead “ Rural Lands Protection Act 1998 ”,

(b) by omitting the definitions of "carrying capacity" and "ratable land" in section 3 and by inserting instead the following definitions:

"carrying capacity" means notional carrying capacity within the meaning of Part 7 of the Rural Lands Protection Act 1998 .
"ratable land" means rateable land within the meaning of section 60 of the Rural Lands Protection Act 1998 .

Note: Commencement of the Rural Lands Protection Act 1998 for the purposes of this clause, 28.9.2001.

Part 2 - Provisions consequent on enactment of Agricultural Livestock (Disease Control Funding) Amendment Act 2004

3 Definitions

In this Part:
"amending Act" means the Agricultural Livestock (Disease Control Funding) Amendment Act 2004 .
"commencement day" means the day on which the amending Act commences.

4 Existing orders

(1) Any order in force under section 6 or 13 immediately before the commencement day ceases to have effect on that day.

(2) Nothing in subclause (1) affects:

(a) any liability of any person to pay an industry levy that accrued before the commencement day and that remained unpaid on that day, or

(b) any right of a person to obtain a refund under section 17 as in force immediately before its repeal by the amending Act.

5 Existing industry contribution funds and industry levy funds

(1) Any industry contribution fund or industry levy fund in existence immediately before the commencement day is closed on the commencement day.

(2) Any money standing to the credit of any such fund may be applied for such purposes as the Minister may direct from time to time (including for the purpose of payment into an industry fund established on or after the commencement day).

6 Existing industry advisory committees

(1) Any industry advisory committee for a designated disease control service that is in existence immediately before the commencement day is dissolved on that day.

(2) Any person who, immediately before the commencement day, held office as a member of an industry advisory committee ceases to hold office on that day.

(3) A person to whom subclause (2) applies is not entitled to any remuneration or compensation because of the loss of office but is, if qualified, eligible for appointment to another industry advisory committee established on or after the commencement day.

7 Appointment of industry advisory committee in respect of Ovine Johne’s Disease

(1) In this clause:
"former committee" means any industry advisory committee established for a designated disease control service for Ovine Johne’s Disease that was in existence immediately before the commencement day.
"former member" of a former committee means any person who was a member of the committee immediately before the commencement day.
"6-month transitional period" means the period commencing on the commencement day and ending on expiry of the period of 6 months after that day.

(2) In establishing an industry advisory committee during the 6-month transitional period for a designated disease control program for Ovine Johne’s Disease, the Minister is taken to have made an appointment of a member to the committee in compliance with section 8 (3) (b), (c) or (d) if:

(a) the Minister appoints a former member of a former committee who had been appointed to the former committee under paragraph (b), (c) or (d) (as the case may be), or

(b) if any such former member declines appointment or is otherwise unavailable for appointment, the Minister appoints another person who the Minister considers would represent:

(i) in the case of an appointment under paragraph (b) or (d)-designated livestock producers, or

(ii) in the case of an appointment under paragraph (c)-the Rural Lands Protection Board Association.

8 Consultation on transaction based contribution schemes

Any consultation undertaken by the Minister, the Director-General or an industry advisory committee before the commencement day in respect of the establishment of a scheme for the collection of transaction based contributions to fund the provision of a disease control program for a particular disease is taken to constitute consultation for the purposes of section 12B (4) (b) (as inserted by the amending Act) in respect of a scheme established on or after that day for that disease.