LOCAL LAND SERVICES ACT 2013 - SCHEDULE 6

LOCAL LAND SERVICES ACT 2013 - SCHEDULE 6

SCHEDULE 6 – Savings, transitional and other provisions

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(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 on the NSW legislation website, 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.

(4) Regulations under this clause may have effect despite any provision of this Schedule.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

In this Part--


"former Act" means the former RLP Act or the former CMA Act.


"former CMA Act" means the Catchment Management Authorities Act 2003 as in force immediately before its repeal by this Act.


"former RLP Act" means the Rural Lands Protection Act 1998 as in force immediately before its repeal by this Act.


"repeal date" means the date on which the former RLP Act and the former CMA Act are repealed by this Act.

3 Local Land Services Regulation 2014

(1) Schedule 9 sets out the terms of the Local Land Services Regulation 2014 .

(2) On and from the commencement of this clause--

(a) Schedule 9 is taken to be, and to have effect as, a regulation under this Act, and

(b) the regulation set out in Schedule 9 is taken, for the purposes of section 10 of the Subordinate Legislation Act 1989 , to have been published on the commencement of this clause, and

(c) sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the regulation set out in Schedule 9 (but apply to any amendment or repeal of the regulation).

(3) Schedule 9 is repealed on the day following the day on which this clause commences.

Note : The continued effect of the regulation set out in Schedule 9 is unaffected by the repeal of Schedule 9. See section 30 of the Interpretation Act 1987 .

4 Abolition of former corporate and statutory bodies

(1) On the repeal date--

(a) each former corporate or statutory body is abolished, and

(b) each person appointed as a member of the former corporate or statutory body ceases to hold office as such a member (but is eligible, if otherwise qualified, to be appointed as a member of a local board), and

(c) any assets, rights and liabilities (if any) of the former corporate or statutory body become the assets, rights and liabilities of Local Land Services.

(2) A person who ceases to hold office as a member of the former corporate or statutory body is not entitled to any remuneration or compensation because of the loss of that office.

(3) In this clause--


"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.


"former corporate or statutory body" means the following bodies as constituted under the former RLP Act or the former CMA Act--

(a) the State Management Council of Livestock Health and Pest Authorities,

(b) the State Policy Council of Livestock Health and Pest Authorities,

(c) each livestock health and pest authority,

(d) each catchment management authority.

"liabilities" means all liabilities, debts and obligations (whether present or future and whether vested or contingent and whether personal or assignable).


"rights" means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent and whether personal or assignable).

5 Interim boards

(1) Pending the commencement of section 27 (Local boards) on 1 January 2014, there is to be a local board for each region (the
"interim local board" ) to carry out such functions in relation to the administration of this Act as may be determined by the Minister. An interim local board is to consist of 4 members (or, for the Western Region, 5 members) appointed by the Minister.

(2) The members of an interim local board are to be persons who together have, in the opinion of the Minister, appropriate skills and knowledge.

(3) Of the members of an interim local board appointed by the Minister, one is, in and by the instrument of appointment or another instrument made by the Minister, to be appointed as chair of the interim local board.

(4) A member of an interim local board for a region holds office until 1 January 2014 and is eligible (if otherwise qualified) to be appointed or elected as a member of the local board for the region constituted after the commencement of section 27.

(5) The Minister may call the first meeting of an interim local board in such manner as the Minister thinks fit.

(6) Pending the commencement of section 25 (Establishment of Board of Chairs) on 1 January 2014, there is to be a Board of Chairs (the
"interim Board of Chairs" ) consisting of--

(a) the Chair of the Board of Chairs appointed under Chapter 1A of the Public Sector Employment and Management Act 2002 , and

(b) the chair of each interim local board.

(7) The interim Board of Chairs is to carry out such functions in relation to the administration of this Act as may be determined by the Minister.

(8) Despite clause 2 of Schedule 2 to this Act, the Minister may appoint a person as a member of the first local board for a region constituted after the commencement of this Act for a period (not exceeding 4½ years) specified in the instrument of appointment of the person.

(9) Schedule 2 (other than clause 2) to this Act applies to and in respect of the members of an interim local board and the interim Board of Chairs in the same way as it will apply to the members, a local board and the Board on or after 1 January 2014.

(10) Despite section 27 (7), the chair of each interim local board is (subject to subclause (4)) to be appointed as chair of the first local board for a region constituted after the commencement of this Act.

(11) Any act or proceeding of the Board of Chairs or a local board (or the interim Board of Chairs or an interim local board) is not to be called into question merely because of any vacancies in the membership of the Board of Chairs or local board (or the interim Board of Chairs or the interim local board) pending the appointment or election of its members in accordance with this Act and the regulations.

6 Staff

Without limiting section 26 of the Interpretation Act 1987 , a State industrial instrument or other agreement may be entered into before the commencement of Part 2 of this Act with respect to--

(a) the transfer of staff of livestock health and pest authorities under the former RLP Act and catchment management authorities under the former CMA Act on the commencement of that Part to Local Land Services, and

(b) the terms and conditions of employment applicable to those persons.

7 Rates, catchment contributions and other amounts outstanding under former Acts to remain payable

(1) The amount of any catchment contribution, rate, fee or charge that has been levied or imposed under a provision of a former Act and has not been paid when that provision is repealed by this Act is payable and recoverable by Local Land Services as if that provision had not been repealed.

(2) An amount referred to in this clause that, by virtue of a provision of a former Act, was secured by a charge and that could, if it had first become due and payable under this Act, have been secured by a charge by virtue of a provision of this Act continues to be secured under the provisions of this Act.

8 State Council's Fund and funds of livestock health and pest authorities and catchment management authorities

(1) On the repeal date--

(a) the State Council's Fund established under section 30 of the former RLP Act is abolished, and

(b) any balance standing to the credit of that Fund is transferred to the Local Land Services Fund and may be used for any purpose for which Local Land Services may expend money from the Fund under this Act.

(2) On the repeal date--

(a) the funds established under section 50 of the former RLP Act are abolished, and

(b) any balance standing to the credit of those funds is transferred to the Local Land Services Fund and may be used for any purpose for which Local Land Services may expend money from that Fund under this Act.

(3) On the repeal date--

(a) the funds established under section 30 of the former CMA Act are abolished, and

(b) any balance standing to the credit of those funds is transferred to the Local Land Services Fund and may be used for any purpose for which Local Land Services may expend money from that Fund under this Act.

9 Assessment of carrying capacity under former RLP Act to continue to have effect

The last assessment of the carrying capacity of land made under the former RLP Act before the commencement of clause 16 of the Local Land Services Regulation 2014 continues to have effect in respect of the land until superseded by an assessment of the notional carrying capacity of the land made in accordance with that clause.

10 Catchment action plans and local strategic plans

A catchment action plan in force under the former CMA Act before the repeal date continues to have effect in respect of natural resource management (within the meaning of the former CMA Act) of the land to which it applied immediately before the repeal date until superseded by a local strategic plan containing provisions with respect to natural resource management (within the meaning of this Act) of the land is made in accordance with this Act.

11 Authorised officers

(1) On the repeal date, a person who was an authorised officer for the purposes of a provision of the former RLP Act that corresponds to a provision of this Act is taken to be an authorised officer for the purposes of a corresponding provision of this Act.

(2) The authority of such an authorised officer is subject to the same conditions, limitations or restrictions as the authority was subject to under the former RLP Act.

12 Existing travelling stock reserves and stock watering places

(1) On the repeal date, Local Land Services is taken to be vested with the care, control and management of each travelling stock reserve the care, control and management of which was vested in an authority under Part 8 of the former RLP Act.

(2) Land that, immediately before the repeal date, was a stock watering place under Part 9 of the former RLP Act is taken to have been declared to be a stock watering place under this Act.

13 Existing permits relating to stock

Any stock permit or reserve use permit issued under Part 8 of the former RLP Act (an
"original authority" ) that, immediately before the repeal date, entitled or authorised a person to enter, remain on, occupy, use or engage in any activity in a travelling stock reserve or public road is taken to be a stock permit or reserve use permit (as the case requires) issued under this Act authorising that person to do that thing subject to any conditions to which the original authority was subject.

14 Right of way conditions and directions to make improvements

Any right of way condition imposed, or direction to make improvements given, under section 98 of the former RLP Act immediately before the repeal date is taken to have been imposed or given under section 75 of this Act.

15 Fencing notices

Any fencing notice given under Division 6 of Part 8 of the former RLP Act having effect immediately before the repeal date is taken to have been given under Division 6 of Part 6 of this Act.

16 Stock Transportation Accreditation Committee

On the repeal date, the Stock Transportation Accreditation Committee as constituted under section 140H of the former RLP Act immediately before that date is taken to have been constituted under section 125 of this Act.

17 Notices served under former Acts

If--

(a) a notice or notification has been given or served under a provision of a former Act, and

(b) a similar notice or notification could have been served under a corresponding provision of this Act had this Act been in force at the relevant time, and

(c) either the period within which the notice or notification was due to take effect had not expired when that corresponding provision commenced or, if it had expired, the notice or notification had not been complied with,

18 Documents prepared for the purposes of former Acts

If--

(a) a certificate or other document prepared or created under or for the purposes of a provision of a former Act was in force immediately before the repeal of that provision by this Act, and

(b) a similar certificate or document could be prepared or created under or for the purposes of a corresponding provision of this Act,

19 Noxious insects, noxious animals and pest animals

(1) In this clause--


"former pest" means--

(a) any animal or bird of a species that, immediately before the commencement of clause 27 of Schedule 7 to the former RLP Act, was a noxious animal within the meaning of the Rural Lands Protection Act 1989 , and

(b) any insect of any species that, immediately before the commencement of clause 27 of Schedule 7 to the former RLP Act, was a noxious insect within the meaning of the Rural Lands Protection Act 1989 , and

(c) any animal or bird of a species that, immediately before the commencement of clause 27 of Schedule 7 to the former RLP Act, was the subject of a control order made under section 138D of the Rural Lands Protection Act 1989 .

(2) The Minister may make a pest control order under Part 10 of this Act that declares a former pest (or only such species, hybrid or description of such a pest as is specified in the order) to be a pest within the meaning of this Act without complying with the requirements of sections 133 and 134. Such a pest control order is taken to be made in accordance with Division 2 of Part 10.

(3) Nothing in this clause limits section 26 of the Interpretation Act 1987 .

Part 3 - Provisions relating to enactment of Biosecurity Act 2015

20 Definition

In this Part--


"relevant instrument" means any order, approval, warrant, delegation or other instrument made, given, granted or issued under a repealed provision.


"repealed provision" means a provision of this Act repealed by the Biosecurity Act 2015 .

21 Continuation of instruments and powers under repealed provisions

(1) This Act, as in force immediately before its amendment by the Biosecurity Act 2015 , continues to have effect in respect of--

(a) any relevant instrument in force immediately before the repeal of a repealed provision, and

(b) anything done (before or after the repeal of a repealed provision) under or in connection with such a relevant instrument.

(2) A relevant instrument--

(a) continues to have effect (despite the amendments made by the Biosecurity Act 2015 ), and

(b) may be withdrawn, varied, revoked or cancelled in accordance with this Act (as if those amendments had not been made), and

(c) ceases to have effect as provided for by this Act, as in force immediately before those amendments were made, or as provided for by this clause (whichever happens first).

(3) Accordingly, any function conferred on any person under a repealed provision in connection with a relevant instrument (including a power to give directions or to seize or destroy any thing) may continue to be exercised after the repeal of the repealed provision as if that provision remained in force.

(4) The Secretary of Regional NSW may, by order in writing, declare that a relevant instrument is a superseded instrument.

(5) A relevant instrument that is declared to be a superseded instrument ceases to have effect when the order takes effect.

22 Continuation of regulations

(1) Any regulations made under or relating to a repealed provision, as in force immediately before the repeal of the repealed provision, are taken to continue to have effect in relation to the relevant instruments and anything done under or in connection with the relevant instruments.

(2) The power to make regulations conferred by Part 1 of this Schedule includes power to amend or revoke any regulation that is taken to continue to have effect under this clause.

23 Obligations under repealed provisions continue to apply

(1) If a repealed provision continues to have effect, any liability or obligation imposed on a person by, under or in connection with a contravention of, that provision also continues to have effect.

(2) Accordingly, a person may incur liability for an offence under a repealed provision after the repeal of the repealed provision.

(3) However, a person cannot be found guilty of both an offence against this Act and an offence against the Biosecurity Act 2015 in respect of the same act or omission occurring on the same occasion.

24 General saving

Except as expressly provided for by this Act or the regulations under this Schedule, the amendment of any Act or any regulation by the Biosecurity Act 2015 does not affect the continued operation of that Act or regulation--

(a) in respect of a relevant instrument or anything done under or in connection with a relevant instrument, or

(b) in respect of any appeals or other proceedings arising under or in connection with a repealed provision.

Part 4 - Provision consequent on enactment of Local Land Services Amendment Act 2017

25 Repeal of Part 10

Schedules 3 and 5, as in force immediately before the repeal of Part 10 by the Local Land Services Amendment Act 2017 , continue to apply to compliance notices given, and charges imposed, under that Part before that repeal.

Part 5 - Provisions consequent on enactment of Forestry Legislation Amendment Act 2018

26 Definitions

"amending Act" means the Forestry Legislation Amendment Act 2018 .


"former PNF provisions" means Part 5C of the Forestry Act 2012 , as in force before its repeal by the amending Act.

27 Private native forestry plans approved or pending under the former PNF provisions

(1) On the commencement of Part 5B of this Act (as inserted by the amending Act)--

(a) a private native forestry plan approved under the former PNF provisions and in force on the repeal of those former provisions, or

(b) a property vegetation plan that was approved under the Native Vegetation Act 2003 and that was taken to be a private native forestry plan under the former PNF provisions (being a plan in force on the repeal of those former provisions),

is taken to be approved as a private native forestry plan under Part 5B of this Act.

(2) A draft private native forestry plan that was submitted to the regulatory authority under section 69ZE of the Forestry Act 2012 before the repeal of that section by the amending Act, and that was pending approval by the regulatory authority on that repeal, is taken to be a draft plan submitted to Local Land Services under section 60ZX.

28 Saving of previously registered plans that run with land

A private native forestry plan that was registered by the Registrar-General in accordance with section 69ZI of the Forestry Act 2012 before the repeal of that section by the amending Act is not affected by the repeal of that section by the amending Act, and that section continues to apply to that registered plan despite its repeal.

29 Saving of existing PNF codes of practice

(1) Until a private native forestry code of practice made under Part 5B of this Act otherwise provides, the following component document that applies to any forestry operations is, for the purposes of that Part, the
"private native forestry code of practice" in relation to those forestry operations--

(a) the Private Native Forestry Code of Practice for Northern NSW published in the Gazette on 16 August 2013,

(b) the Private Native Forestry Code of Practice for Southern NSW published in the Gazette on 8 February 2008,

(c) the Private Native Forestry Code of Practice for the River Red Gum Forests published in the Gazette on 8 February 2008,

(d) the Private Native Forestry Code of Practice for Cypress and Western Hardwood Forests published in the Gazette on 8 February 2008.

(2) The regulations under Part 1 of this Schedule may amend any such code while it continues to apply to forestry operations.

30 Proceedings for certain offences

Proceedings for an offence against this Act arising from the carrying out of forestry operations within the meaning of Part 5B (as inserted by the amending Act) and that has been committed since 25 August 2017 but before the commencement of Schedule 3.1 to the amending Act may be taken by the Environment Protection Authority.