New South Wales Consolidated Acts

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ENVIRONMENTAL TRUST ACT 1998 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

(Section 29)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(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 or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 References to former Trusts and Funds

A reference in any other Act, in any statutory instrument or in any other document to--

(a) the Environmental Restoration and Rehabilitation Trust, the Environmental Research Trust or the Environmental Education Trust is to be construed as a reference to the Environmental Trust, or
(b) the Environmental Restoration and Rehabilitation Trust Fund, the Environmental Research Trust Fund or the Environmental Education Trust Fund is to be construed as a reference to the Environmental Trust Fund, or
(c) the Environmental Restoration and Rehabilitation Trust Act 1990 , the Environmental Research Trust Act 1990 or the Environmental Education Trust Act 1990 is to be construed as a reference to the Environmental Trust Act 1998 .

3 Dissolution of existing Trusts

(1) The Environmental Restoration and Rehabilitation Trust, the Environmental Research Trust and the Environmental Education Trust are each abolished.
(2) The assets, rights and liabilities of each such Trust become the assets, rights and liabilities of the Environmental Trust.
(3) The members of each such Trust cease to hold office as such on the abolition of the Trust and are not entitled to any remuneration or compensation for so ceasing to hold office.

4 Existing separate Trust Funds

(1) The Environmental Restoration and Rehabilitation Trust Fund, the Environmental Research Trust Fund and the Environmental Education Trust Fund are each terminated.
(2) Any amount standing to the credit of any such Fund on its termination is to be credited to the Environmental Trust Fund.

5 Transitional funding arrangements

(1) The Treasurer may direct, by order in the Gazette, that the commencement of the funding arrangements under section 19 is postponed until the financial year 1999-2000 or, by that or a subsequent order, until the financial year 2000-2001.
(2) On publication of the order, section 19 has effect subject to that order. An adjustment is to be made under section 19 (2) for the first financial year in which section 19 has effect in accordance with that order.
(3) If, because of this clause, section 19 does not apply in a financial year, there is payable into the Trust Fund all of the payments received by Sydney Water Corporation Limited or Sydney Water Corporation that are payable during that financial year for permissions or agreements relating to the discharge of trade waste into any service of Sydney Water Corporation Limited or Sydney Water Corporation.
(4) Amounts received by Sydney Water Corporation Limited or Sydney Water Corporation that are payable under the Acts repealed by this Act to the Funds established by those repealed Acts cease to be payable (subject to subclause (3)) on the repeal of those Acts. However, amounts received by that Corporation after the repeal of those Acts that are payable before the 1998-99 financial year are payable instead into the Trust Fund established by this Act (except as otherwise directed by the Treasurer).



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