New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 57)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActCoal Industry Amendment (Fees for Rescue Services) Act 2002
(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.
(1) To avoid doubt, past acts are as valid, and are taken always to have been as valid, as they would have been if the Coal Industry Repeal Act 2001 of the Commonwealth had commenced on 1 January 2002.
(2) Subclause (1) is enacted in accordance with the express intention of the Parliament of the Commonwealth (set out in section 6 (6) of the Coal Industry Repeal (Validation of Proclamation) Act 2002 of the Commonwealth) that a law of New South Wales may make provision in terms of that subclause.
(3) Subclause (1) has effect to the extent to which it is not in excess of the legislative power of the Parliament of New South Wales.
(4) In this section:
"past act" means an act or thing that was done on the assumption that the Coal Industry Repeal Act 2001 of the Commonwealth had commenced on 1 January 2002.
(1) On the dissolution date, a person holding office as a member of the Joint Coal Board immediately before that date ceases to hold that office.
(2) A person who ceases to hold office under subclause (1) is not entitled to any remuneration or compensation because of loss of that office.
Any workers compensation scheme established by the Joint Coal Board and in operation under section 27 of the Coal Industry Act 1946 immediately before the repeal of that section is taken to have been established by the approved company nominated by the Minister for the purposes of this clause.
(1) Any order of the Joint Coal Board made and in force under section 29 of the Coal Industry Act 1946 immediately before the repeal of that section is taken to have been made under section 13 of this Act by the approved company nominated by the Minister for the purposes of this clause and may be amended or revoked by that company.
(2) A reference in any such order to the Joint Coal Board is taken to be a reference to the approved company so nominated.
(1) On the commencement of section 8, a person holding office as a member of the Mines Rescue Board immediately before that commencement ceases to hold that office.
(2) A person who ceases to hold office under subclause (1) is not entitled to any remuneration or compensation because of loss of that office.
(1) The Brigade is a continuation of the New South Wales Mines Rescue Brigade established by the former 1994 Act.
(2) A person who was, immediately before the repeal of the former 1994 Act, a member of the New South Wales Mines Rescue Brigade is taken to be a member of the Brigade appointed under this Act and may be removed in accordance with this Act.
Any staff superannuation scheme established by the Mines Rescue Board and in operation under the former 1994 Act immediately before the repeal of that Act is taken to have been established by the approved company nominated by the Minister for the purposes of this clause.
(1) A regulation in force under section 31 of the Mines Rescue Act 1994 immediately before the repeal of that Act (being a regulation that prescribes the amount that the owner of a coal mine must pay to the Mines Rescue Board in respect of a particular financial year of the Board) is taken to be a determination of the mines rescue company under section 19 of this Act in respect of the financial year concerned.
(2) However, an owner of a coal mine who has paid to the Mines Rescue Board the amount prescribed by such a regulation is not required to pay that amount to the mines rescue company.
(1) A reference in any Act, in any instrument made under any Act or in any document of any kind, to:(a) the Joint Coal Board, or(b) the Mines Rescue Board,is taken (except as the regulations otherwise provide) to be a reference to the approved company exercising the relevant functions of the Board concerned.
(2) A reference in any Act, in any instrument made under any Act or in any document of any kind, to the Mines Rescue Brigade is taken to be a reference to the Mines Rescue Brigade established by this Act.