New South Wales Consolidated Acts

RADIATION CONTROL ACT 1990 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 44)

Part 1 - Preliminary

1 Savings and transitional regulations

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

Environment Protection Legislation Amendment Act 2002 (but only to the extent that it amends this Act)

Radiation Control Amendment Act 2002

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect as from the date of assent to this Act or a later date.

(3) To the extent to which a provision referred to in subclause (1) 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.

Part 2 - Provisions consequent on the enactment of this Act

2 Licences

(1) A licence issued under section 9 or 10 of the Radioactive Substances Act 1957 and in force immediately before the repeal of that Act is to be taken to have been issued under section 6 of this Act.

(2) A reference in a licence issued under section 10 of the Radioactive Substances Act 1957 (which is to be taken to have been issued under section 6 of this Act) to irradiating apparatus is to be read as a reference to radiation apparatus.

Part 3 - Provisions consequent on the enactment of the Environment Protection Legislation Amendment Act 2002

3 Existing accreditations

Section 11, as in force before its amendment by the Environment Protection Legislation Amendment Act 2002 , continues to apply in respect of an accreditation of a person as a radiation expert if the accreditation was in force immediately before the commencement of that amendment.

4 Existing inspectors

A person who, immediately before the substitution of section 15 by the Environment Protection Legislation Amendment Act 2002 , held office as an inspector is taken to have been appointed as an authorised officer for the purposes of this Act under Chapter 7 of the Protection of the Environment Operations Act 1997 .

Part 4 - Provisions consequent on the enactment of Radiation Control Amendment Act 2002

5 Applications for licences, registration and accreditation

An application under Part 2 for a licence, registration or accreditation made, and not decided, before the commencement of Schedule 1 [41] to the Radiation Control Amendment Act 2002 is to be dealt with as if it had been made after the commencement of that item.

Part 5 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2004

6 Construction of references to “sealed radioactive source”

(1) A reference to a sealed radioactive source in any licence, accreditation or registration (and in any related document, such as a variation, suspension, surrender or cancellation), being a licence, accreditation, registration or other document that is issued by the Authority for the purposes of this Act and that was in force immediately before the repeal and re-enactment of the definition of "sealed radioactive source" in section 4 by the Statute Law (Miscellaneous Provisions) Act 2004 is taken to be a reference to a sealed source device.

(2) Subclause (1) applies in respect of any application made to the Authority in the same way as it applies in respect of a document issued by the Authority.