NATIVE VEGETATION ACT 1991 - SCHEDULE 2
NATIVE VEGETATION ACT 1991 - SCHEDULE 2
Schedule 2—Transitional provisions
2 (1)
Where an application made on or before 12 February
1991 to the Native Vegetation Authority under the repealed Act for consent
to clear native vegetation had not been determined by the Authority before the
repeal of Part 5 of the repealed Act—
(a)
the repealed Act will continue to apply to, and in relation to, that
application to the exclusion of this Act; and
(b)
where the application is refused or is granted subject to conditions, Part 5
of the repealed Act will apply for the benefit of the owner of the land but a
claim for the payment of money under that Part must be made within two years
of the Authority's decision on which the claim is based.
(2) Where an
application made on or after 13 February 1991 to the Native Vegetation
Authority under the repealed Act for consent to clear native vegetation had
not been determined by the Authority at the commencement of this Act,
the repealed Act (excluding Part 5) will continue to apply to, and in relation
to, that application to the exclusion of this Act.
(3) A person who,
immediately before the repeal of Part 5 of the repealed Act, had the
right—
(a) to
claim the payment of money under that Part; or
(b) to
require the Minister to enter into a heritage agreement and then claim the
payment of money under that Part,
is entitled to exercise those rights within two years of the repeal of that
Part.
(4) A condition
attached to the Authority's consent granted under the repealed Act (whether
before or after the commencement of this Act) may be enforced under this Act
as if it were attached to consent granted under this Act.
(5) The
Native Vegetation Authority continues in existence as if the repealed Act had
not been repealed for the purpose of administering the repealed Act (whether
pursuant to section 16 of the Acts Interpretation Act 1915 or to this
clause) and, if necessary, new appointments may be made to it.
3 The party to heritage agreements made before the
commencement of this Act and referred to in those agreements as "the Minister"
will, after the commencement of this Act, be taken to be the Minister who is,
for the time being, responsible for the administration of this Act.
4 (1) The Governor
may, by regulation, make provisions of a saving or transitional nature
consequent on the enactment of the Statutes Amendment (Boards and
Committees—Abolition and Reform) Act 2015 .
(2) A provision of a
regulation made under subclause (1) may, if the regulation so provides,
take effect from the commencement of this subclause or from a later day.
(3) To the extent to
which a provision takes effect under subclause (2) from a day earlier
than the day of the regulation's publication in the Gazette, the provision
does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.