New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 62

62 Orders

(1) Sections 30, 39, 40 and 41 of the Interpretation Act 1987 apply in relation to orders made in pursuance of the regulations as if references in those sections to statutory rules were references to such orders and references in those sections to an Act included a reference to regulations.

(2) Unless the contrary intention appears, expressions used in orders made in pursuance of the regulations have the same meanings as in this Act.

(3) Orders made in pursuance of the regulations shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of the power conferred by this Act and the regulations.

(4) Where an order made in pursuance of the regulations is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.