ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 124 124 Insertion of new s 156A

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 124

After section 156--

insert--

'(1) This section applies if, before the commencement of this section--

(a) the preparation of a management plan under the 1990 regulation was started and was not finished; or

(b) a management plan was prepared under the 1990 regulation, but the Minister had not approved the plan under that regulation.

'(2) If this section applies because of subsection (1)(a), the chief executive may continue and finish the preparation of the plan, and the Minister may approve it, as if this Act had not been enacted.

'(3) If this section applies because of subsection (1)(b), the Minister may approve the plan as if this Act had not been enacted.

'(4) A plan approved under subsection (2) or (3)--

(a) is taken to be a management plan approved under section 29; and

(b) is to be read with the changes necessary to make it consistent with, and adapt its operation to, this Act; and

(c) may be amended or repealed under this Act.

'(5) However, the management plan, as prepared and approved, may provide for matters in a way that is consistent with this Act, rather than the repealed Act.

'(6) In this section--

1990 regulation means the Marine Parks Regulation 1990 as in force from time to time before the repeal of the Marine Parks Act 1982.'.