SOIL CONSERVATION ACT 1938 - SCHEDULE 1

SOIL CONSERVATION ACT 1938 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 32A)

Part 1 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 1987

1 References to Assistant Commissioner

(1) On and from the commencement of the amendments made to this Act by the Statute Law (Miscellaneous Provisions) Act (No 2) 1987 , a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to the Assistant Commissioner of the Service shall be read as a reference to the Deputy Commissioner.

(2) The person holding office as Assistant Commissioner of the Service immediately before the commencement of Schedule 32 of the Statute Law (Miscellaneous Provisions) Act (No 2) 1987 shall be deemed to have been appointed as Deputy Commissioner.

Part 2 - Savings and transitional regulations

2 Regulations

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

Soil Conservation (Amendment) Act 1989 .

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

(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 3 - Provisions consequent on enactment of Soil Conservation (Amendment) Act 1989

3 Abolition of Catchment Areas Protection Board

On the repeal of section 32, the Catchment Areas Protection Board is abolished.

4 Members of Catchment Areas Protection Board

A person who, immediately before the abolition of the Catchment Areas Protection Board, was a member of that Board ceases to hold that office on the abolition of that Board and is not entitled to any remuneration or compensation because of the loss of that office.

5 Construction of references

After the abolition of the Catchment Areas Protection Board, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to the Catchment Areas Protection Board is to be read as a reference to the Commissioner of the Soil Conservation Service of New South Wales.

6 Transfer of assets, liabilities etc of Board

On the abolition of the Catchment Areas Protection Board, any assets, rights, liabilities or obligations of the Board become assets, rights, liabilities or obligations of the Crown.

7 Existing authorities, notices, maps, orders etc concerning protected lands

Any notice, authority or certificate issued, any map prepared or any order published in the Gazette by the Catchment Areas Protection Board continues to apply in respect of protected land as if that Board had not been abolished.

Part 4 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2008

8 Deputy Commissioners

(1) On and from the commencement of the amendments made to this Act by the Statute Law (Miscellaneous Provisions) Act 2008 (the
"relevant commencement" ), a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind (including any instrument of appointment) to the Deputy Commissioner of the Soil Conservation Service is to be construed as a reference to a Deputy Soil Conservation Commissioner.

(2) Without limiting the operation of subclause (1), any person appointed (or purported to have been appointed) as Deputy Commissioner of the Soil Conservation Service and holding office as such immediately before the relevant commencement is taken to have been appointed as a Deputy Soil Conservation Commissioner holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002 .