PESTICIDES ACT 1999 - SCHEDULE 2
PESTICIDES ACT 1999 - SCHEDULE 2
SCHEDULE 2 – Savings, transitional and other provisions
Part 1 - Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and the following Acts--Protection of the Environment Operations Amendment Act 2005 (but only to the extent that it amends this Act)any other Act that amends this Act
(2) If the regulations so provide, any such provision may--(a) have effect despite any specified provisions of this Act (including a provision of this Schedule), and(b) 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 made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
Part 2 - Provisions consequent on enactment of this Act
2 Definitions
In
this Part--
"former Act" means the Pesticides Act 1978 .
3 Pesticide control notices may be issued with respect to existing pesticide pollution
Part 3 of this Act extends to any pesticide pollution that occurred before the commencement of that Part.
4 Continuation of existing licences
(1) In this clause--
"existing licence" means a licence that--(a) was issued under section 22F of the former Act, and(b) was in force immediately before the repeal of the former Act by this Act.
(2) Subject to the regulations, an existing licence is taken to be a licence granted under this Act.
(3) Subject to the regulations, an application for a licence made under the former Act that was not finally determined before the repeal of the former Act by this Act is taken to be an application for a licence under this Act and is to be dealt with in accordance with this Act.
5 Continuation of existing certificates of competency for restricted pesticides
(1) In this clause--
"existing certificate" means a certificate of competency that--(a) was issued under section 47 of the former Act, and(b) was in force immediately before the repeal of the former Act by this Act.
(2) Subject to the regulations, an existing certificate--(a) is taken to be a certificate of competency granted under this Act, and(b) continues in force for the unexpired portion of its term (unless it is sooner suspended or revoked or otherwise ceases to be in force under this Act), and(c) cannot be renewed.
(3) Subject to the regulations, an application for a certificate of competency made under the former Act that was not finally determined before the repeal of the former Act by this Act is taken to be an application for a certificate of competency under this Act and is to be dealt with in accordance with this Act.
6 Approved insurance policies
Until such time as regulations are made to prescribe classes of insurance policies for the purposes of Division 1 of Part 6 of this Act, any insurance policy that was, immediately before the repeal of the former Act by this Act, an approved insurance policy is taken to be of a class prescribed by the regulations.
7 Continuation of existing pesticide orders
Subject to the regulations, a pesticide order made under section 27 of the former Act, or an order made under section 49A of the former Act, and that was in force immediately before the repeal of the former Act by this Act is taken to be a pesticide control order made under this Act.
8 Pending appeals under former Act
Any appeal made under section 58 of the former Act that was made before the repeal of the former Act but not determined before that repeal is to be determined as if this Act had not been enacted.
9 Existing pesticide inspectors and analysts of pesticides
(1) Subject to the regulations, a person appointed as an inspector under section 7 of the former Act and holding office as such immediately before the repeal of the former Act by this Act is taken to be appointed as an authorised officer for the purposes of this Act.
(2) Subject to the regulations, a person appointed as an analyst of pesticides under section 7 of the former Act and holding office as such immediately before the repeal of the former Act by this Act is taken to be appointed as an analyst for the purposes of this Act.
10 Criminal and other proceedings
(1) Divisions 1 and 5 of Part 10 of this Act extend to proceedings in connection with the former Act in respect of offences committed under the former Act before its repeal or in respect of any related matter that continues to have force or effect. This subclause applies whether the proceedings were pending on the commencement of this clause or whether the proceedings are instituted after that commencement.
(2) Divisions 1 and 5 of Part 10 of this Act apply with such modifications as are necessary for the purposes of applying those Divisions to any such proceedings. In particular, the reference in section 73 to the Environment Protection Authority is to be read as including a reference to a person who is acting with the authority of the Minister to institute proceedings for an offence under the former Act.
11 Saving of existing regulation and regulation-making powers
(1) The Pesticides Regulation 1995 is, on the repeal of the former Act by this Act, taken to be a regulation under this Act to the extent that it may be made under this Act.
(2) For the purposes of Part 3 of the Subordinate Legislation Act 1989 , the Pesticides Regulation 1995 is taken to have been published on the repeal of the former Act.
(3) Until the end of 3 years after the repeal of the former Act by this Act, regulations may be made under this Act for or with respect to any matter that could be prescribed by regulations under the former Act but for its repeal.
12 Existing notices, exemptions etc
A notice, direction, order, requirement or exemption given, issued or made under the former Act and in force on the repeal of the former Act by this Act continues to have effect to the extent provided by the regulations under this Schedule.
13 General saving
Any thing done under the former Act that has any force or effect immediately before its repeal by this Act is taken to have been done under the corresponding provision of this Act, subject to any express or implied provision to the contrary in this Act or the regulations made under this Act.
Part 3 - Provisions consequent on enactment of Pesticides Amendment Act 2015
14 Definition
In this Part--
"amending Act" means the Pesticides Amendment Act 2015 .
15 Abolition of Pesticides Implementation Committee
(1) The Pesticides Implementation Committee established by Part 8 of this Act is abolished on the day on which that Part is repealed by the amending Act (the
"abolition day" ).
(2) A person who, immediately before the abolition day, held office as the Chairperson or Deputy Chairperson, or as a member, of the Pesticides Implementation Committee--(a) ceases to hold that office on that day, and(b) is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
(3) Nothing in this clause prevents the Minister from convening one or more committees (including committees constituted with former members of the Pesticides Implementation Committee) to advise the Minister in relation to matters arising under this Act.
16 Enforcement of undertakings
Section 110 (3) and (4), as inserted by the amending Act, apply in relation to the enforcement of undertakings given on or after the commencement of those provisions.
17 Transfer of information from WorkCover concerning certificates of competency
The WorkCover Authority may, despite section 271 of the Work Health and Safety Act 2011 , provide such information and documents as it has obtained in connection with the exercise of its powers or functions under Part 9.1 of the former Occupational Health and Safety Regulation 2001 (as continued in force by clause 65 of Schedule 18B to the Work Health and Safety Regulation 2011 ) as the Environment Protection Authority may require to assist the Authority to establish and maintain the licensing system under this Act.
18 Specifying day on which clause 65 of Schedule 18B to Work Health and Safety Regulation 2011 ceases to have effect
The regulations may declare the day on which clause 65 of Schedule 18B to the Work Health and Safety Regulation 2011 ceases to apply in relation to the application of pesticides and the use of fumigants.
19 Conversion of certificates of competency into restricted pesticide authorisations
(1) For the purposes of this clause, an
"existing certificate of competency" means--(a) a certificate of competency in force under this Act immediately before the day on which Schedule 1.1 [1[#93] to the amending Act commences (the
"conversion day" ), and(b) a certificate of competency that had been suspended (but not revoked) immediately before the conversion day.
(2) Subject to subclause (3), an existing certificate of competency has effect for the unexpired balance of its period of duration as if it were a restricted pesticide authorisation granted under this Act on or after the conversion day, and may be renewed, varied, revoked or suspended accordingly.
(3) Any period of suspension of an existing certificate of competency in force immediately before the conversion day continues in force until the day it would have expired if the amending Act had not been enacted, unless sooner varied or rescinded.
(4) An application for a certificate of competency made (but not determined) before the conversion day may be determined by the Environment Protection Authority on or after the conversion day as if it were an application for a restricted pesticide authorisation.
(5) Any application under section 62 (whether made before, on or after the conversion day) for an administrative review under the Administrative Decisions Review Act 1997 of a decision concerning a certificate of competency may be dealt with under this Act on or after that day as if it were an application for the administrative review of a decision concerning a restricted pesticide authorisation.
Part 4 - Provision consequent on enactment of Environment Legislation Amendment Act 2022
20 Court orders in connection with offences
(1) Amended sections 93, 97 and 99 extend to proceedings commenced, but not finally determined, before the date this clause commences.
(2) In this clause--
"amended" , in relation to a provision, means the provision as in force on and from the date this clause commences.
Part 5 - Provisions consequent on enactment of Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024
21 Definitions
In this part--
"amendment Act" means the Environment Protection Legislation Amendment
(Stronger Regulation and Penalties) Act 2024 .
"commencement" means the commencement of the amendment Act., Schedule 4.
22 Jurisdictional limits for proceedings in Local Court
Section 71, as amended by the amendment Act, applies to proceedings commenced but not finally determined before the commencement.
23 Evidence of analysts
Sections 107 and 107A, as substituted or inserted by the amendment Act, apply to proceedings commenced but not finally determined before the commencement.