New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 122)
(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)
(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 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 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.
In
this Part:
"former Act" means the Pesticides Act 1978 .
Part 3 of this Act extends to any pesticide pollution that occurred before the commencement of that Part.
(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.
(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.
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.
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.
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.
(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.
(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.
(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.
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.
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.