New South Wales Consolidated Acts

LORD HOWE ISLAND ACT 1953 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 39)

Part 1 - Preliminary

1A Savings and transitional regulations

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

Lord Howe Island Amendment Act 2004

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

(3) To the extent to which such a 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 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 or omitted to be done before the date of that publication.

Part 2 - Provisions consequent on enactment of Lord Howe Island (Amendment) Act 1981

1 Provision consequent on enactment of Lord Howe Island (Amendment) Act 1981

(1) If, before 1 January 1982, a lease under section 21 devolved beneficially under the will, or on the intestacy, of a lineal ancestor on an Islander who was already a lessee under that section and the Minister, otherwise than pursuant to section 21 (7), suspended, or purported to suspend, the condition of residence applicable to the lease:

(a) the suspension is taken to have been effected, and the conditions to which the suspension was made subject are taken to have been imposed, by order made by the Minister, and

(b) the suspension and conditions have, and are taken always to have had, the same effect as they would have had if section 23 (12), as amended by the amending Act, had been in force at the time of the suspension.

(2) This clause is taken to have commenced on 1 January 1982 (the date of commencement of the amending Act).

(3) Subclause (1) re-enacts (with minor modifications) clause 10 of Schedule 8 to the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

(4) In this clause:
"amending Act" means the Lord Howe Island (Amendment) Act 1981 .

Part 3 - Provisions consequent on enactment of Lord Howe Island Amendment Act 2004

2 Definition

In this Part:
"2004 amending Act" means the Lord Howe Island Amendment Act 2004 .

3 Revocation of lease conditions with respect to Kentia palms

The Minister may, without the need for any application by the lessee, revoke any condition of a lease that has the effect of reserving to the Crown any palm trees or palm tree products.

4 Constitution of Board

(1) The substitution of section 4 by the 2004 amending Act does not affect:

(a) the existence or identity of the Board, or

(b) the office of any member of the Board who held office as such immediately before the substitution of that section.

(2) In particular:

(a) the 3 elected members referred to in former section 4 (3) (a) are taken to hold 3 of the positions referred to in new section 4 (3) (a), and

(b) the member referred to in former section 4 (3) (b) is taken to be the member referred to in new section 4 (3) (d), and

(c) the member referred to in former section 4 (3) (c) is taken to be the member referred to in new section 4 (3) (c), and

(d) the chairperson referred to in former section 4 (3A) is taken to hold office as Chairperson under clause 2 of Schedule 1A, and

(e) each of the persons holding office pursuant to this subclause continue in office, subject to Schedule 1A, for the residue of the terms for which they were appointed under former section 4.

(3) The Minister is to fill the vacancy in new section 4 (3) (b) (arising from the increase in number of Board members) in accordance with Part 2 of Schedule 1A.

(4) The Minister is to fill the new vacancy for an elected member referred to in new section 4 (3) (a) (arising from the increase in number of Board members) by appointing to that office:

(a) from among the unsuccessful candidates at the most recent election under Division 3 of Part 2 who are still eligible for election and available for appointment, that candidate who had the most votes at that election, or

(b) if no such candidate is still eligible for election and available for appointment, such Islander as the Minister considers appropriate.

5 Determinations of rent

A determination of annual rent under section 21A or 22, as in force immediately before the commencement of section 22B, is taken to be an existing determination for the purposes of section 22B.