New South Wales Consolidated Acts

LUNA PARK SITE ACT 1990 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 22A)

Part 1 - Preliminary

1 Regulations

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

Luna Park Site Amendment Act 1997

Luna Park Site Amendment (Noise Control) Act 2005

(2) A provision of a regulation authorised by this clause may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.

(3) To the extent to which a provision of a regulation authorised by this clause takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:

(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.

Part 2 - Luna Park Site Amendment Act 1997

2 Addition of land to the Luna Park site

(1) The addition of land to the Luna Park site by the insertion of items 7 and 8 in Schedule 1 has effect for the purposes of this Act on and from the relevant operative date for the land and not before. The relevant operative date for the land to which item 7 applies is 23 December 1994 and the relevant operative date for the land to which item 8 applies is 22 August 1997.

(2) Accordingly, sections 5, 6 and 8 apply in respect of that land as if references in those sections to “the commencement of this section” were references to the relevant operative date for the land under this clause.

Part 3 - Luna Park Site Amendment (Noise Control) Act 2005

3 Past noise emissions from use of land within Luna Park site

(1) Any use of land within the Luna Park site that was an authorised use or dedicated use at any time during the relevant period is taken to have been such a use:

(a) regardless of the noise arising from the use, or the combined noise arising from all or any such uses, at that time, and

(b) regardless of any maximum noise level to which the use was subject, pursuant to the conditions of any development consent, at that time.

(2) The emission of noise from the Luna Park site at any time during the relevant period is not to be taken to have constituted a public or private nuisance.

(3) Without limiting their operation apart from this subclause, subclauses (1) and (2) have effect for the purposes of:

(a) any legal proceedings commenced during or after the relevant period, and

(b) any noise abatement action (within the meaning of section 19A) commenced during or after the relevant period,

with respect to noise emitted from the Luna Park site during that period.

(4) This clause does not affect any final determination that, before the commencement of this clause, had been made by a court or tribunal in relation to legal proceedings with respect to noise emitted from the Luna Park site during the relevant period.

(5) Despite subclause (4), any such final determination is not to be construed as limiting or restricting the use of land within the Luna Park site after the commencement of this clause.

(6) Subclause (5) does not permit noise emitted from the Luna Park site to exceed the maximum permissible noise level at the closest residential facade (within the meaning of section 19A).

(7) In this clause:
"development consent" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
"the relevant period" means the period beginning on 30 March 2004 and ending on the commencement of section 19A.