New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 41)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActProtection of the Environment Administration Amendment (Environmental Education) Act 1998
(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 before the date of its publication.
(1) The State Pollution Control Commission is abolished.
(2) All public service staff attached to that Commission (and any other staff employed by that Commission), immediately before the abolition of that Commission, become public service staff attached to (and other staff employed by) the Authority.
(3) On the abolition of that Commission, the following provisions have effect:(a) the assets of that Commission vest in the Authority by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities of that Commission become by virtue of this clause the rights and liabilities of the Authority,(c) all proceedings by or against that Commission that are pending immediately before the abolition are taken to be proceedings pending by or against the Authority,(d) any act, matter or thing done or omitted to be done before the abolition by, to or in respect of that Commission is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Authority.
(4) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(5) No attornment to the Authority by a lessee from that Commission is required.
(1) This clause applies during any period after the commencement of section 15 and before the abolition of the State Pollution Control Commission.
(2) During the period to which this clause applies the State Pollution Control Commission is to be constituted by the members of the Board of the Authority. When acting as members of that Commission, Schedule 1 applies as if they were acting as members of the Board of the Authority.
(3) A person who, immediately before the commencement of section 15, held office as a member of that Commission:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(4) On the commencement of section 15, the following provisions of the State Pollution Control Commission Act 1970 cease to have effect:section 6 (except subsection (1)),sections 7, 8 and 9.
(1) The Ministry for the Environment is abolished.
(2) All branches of that Ministry are removed from that Ministry and added to the group of public service staff attached to the Authority.
(1) The following committees are dissolved:(a) the Technical Advisory Committee and any other Committee established under Part 4 of the State Pollution Control Commission Act 1970 ,(b) the Clean Waters Advisory Committee established under Part 2 of the Clean Waters Act 1970 .
(2) A person who, immediately before the dissolution of any such committee, held office as a member of the committee:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(3) On the dissolution of any such committee, the assets, rights, liabilities and obligations of the Committee become the assets, rights, liabilities and obligations of the Authority.
In any other Act, in any instrument made under any Act or in any document of any kind:
(a) a reference to the State Pollution Control Commission or the Ministry for the Environment is to be read as a reference to the Authority, and
(b) a reference to the Director of the State Pollution Control Commission or of the Ministry for the Environment is to be read as a reference to the Director-General of the Authority, and
(c) a reference to a member of the State Pollution Control Commission is to be read as a reference to a member of the Board of the Authority, and
(d) a reference to an officer or employee of the State Pollution Control Commission or the Ministry for the Environment is to be read as a reference to a member of the staff of the Authority.
Until the repeal of the Radioactive Substances Act 1957 by section 43 of the Radiation Control Act 1990 , the environment protection legislation includes the Radioactive Substances Act 1957 and the regulations and other instruments made under that Act.
(1) The Environmental Education Committee established under Part 6 is dissolved.
(2) A person who, immediately before the dissolution of the Environmental Education Committee, held office as a member of the Committee:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(3) On the dissolution of the Environmental Education Committee, the assets, rights, liabilities and obligations of the Committee become the assets, rights, liabilities and obligations of the Authority.