COMMUNITY LAND MANAGEMENT ACT 1989 - SCHEDULE 7

COMMUNITY LAND MANAGEMENT ACT 1989 - SCHEDULE 7

SCHEDULE 7 – Savings, transitional and other provisions

(Section 123)

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--

Strata Schemes Management (Miscellaneous Amendments) Act 1996

Traffic Legislation Amendment Act 1997 , but only in relation to the amendments made to this Act

Statute Law (Miscellaneous Provisions) Act (No 2) 2000 , but only in relation to the amendments made to this Act

Courts and Crimes Legislation Amendment Act 2008

any other Act that amends this Act

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

(3) To the extent to which such a provision takes effect on 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 that publication, or

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

Part 2 - Provisions consequent on the amendment of this Act

2 Pending proceedings and applications

Any proceedings commenced but not determined or finalised under provisions of this Act amended by the Strata Schemes Management (Miscellaneous Amendments) Act 1996 may be dealt with and determined as if this Act had not been amended by that Act.

3 Previous orders made by Commissioner or a Board

(1) An order made by the Commissioner or a Community Schemes Board under a provision of this Act as in force before its amendment by the Strata Schemes Management (Miscellaneous Amendments) Act 1996 is taken to have been made under that provision as amended by that Act.

(2) Despite subclause (1)--

(a) Division 6A of Part 4 does not apply to such an order, and

(b) the provisions of this Act relating to the contravention of orders as in force immediately before the commencement of that Division continue to apply to such an order.

4 Abolition of Community Schemes Boards

A Community Schemes Board in existence immediately before the commencement of section 109K is abolished on the completion of any proceedings being heard by it.

5 Construction of references

In any other Act or instrument--

(a) a reference to the Community Schemes Board is taken to be a reference to the Residential Tribunal, and

(b) a reference to an order or declaration of the Residential Tribunal made in the exercise of jurisdiction conferred by this Act or the Community Land Development Act 1989 includes a reference to an order or declaration made by the Community Schemes Board under either of those Acts and in force immediately before the commencement of the Residential Tribunal Act 1998 , and

(c) a reference to the Registrar of the Community Schemes Board is taken to be a reference to the Registrar of the Residential Tribunal.

6 Pending appeals

An appeal to the Supreme Court for which a hearing date had been allocated before the commencement of Schedule 4 to the Courts and Crimes Legislation Amendment Act 2008 is to be determined as if that Act had not been enacted.

7 Saving of a variation of a time period prescribed by regulation for COVID-19

A regulation made under section 122A(1)(d) continues to have effect until the end of the time period specified by the regulation, despite the repeal of section 122A or the regulation.