New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--Heritage Amendment Act 1996Heritage Amendment Act 1998Heritage Amendment Act 2001Heritage Amendment Act 2009Statute Law (Miscellaneous Provisions) Act (No 2) 2010 , to the extent that it amends this ActHeritage Amendment Act 2011
(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.
(1) Despite the repeal of the Heritage (Elizabeth Farm) Amendment Act 1985 , section 4 of, and clause 3 of Schedule 3 to, that Act continue to have effect and are taken to have been transferred to this Act.
(2) Section 4 of, and clause 3 of Schedule 3 to, the Heritage (Elizabeth Farm) Amendment Act 1985 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(1) Sections 146A- 146C, as inserted by the amending Act, do not apply to or in respect of a relic obtained from an excavation carried out pursuant to an excavation permit issued before 3 April 1987.
(2) This clause is taken to have commenced on 3 April 1987 (the date of commencement of the amending Act).
(3) Subclause (1) re-enacts (with minor modifications) clause 4 of Schedule 5 to the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(4) In this clause--
"amending Act" means the Heritage (Amendment) Act 1987 .
(1) A person holding office as a member or alternate member of the Heritage Council appointed by the Minister under section 8 (2) or section 13 (as in force immediately before the amendment of those sections by the Heritage Amendment Act 1996 ) ceases to hold that office on that commencement.
(2) A person who ceases to hold office by virtue of this clause is not entitled to any remuneration or compensation in respect of ceasing to hold office but is eligible (if otherwise qualified) for re-appointment to the Heritage Council.
(1) An interim conservation order in force under Part 3 immediately before the commencement of this clause is taken to be an interim heritage order made by the Minister that took effect on the date the interim conservation order took effect. The order continues in force accordingly, subject to this Act.
(2) This Act continues to apply (as if it had not been amended by the Heritage Amendment Act 1998 ) to and in respect of an order in force under section 130 immediately before the repeal of that section by that Act. This subclause ceases to have effect 3 years after the repeal of section 130, at which time any order under that section still in force ceases to have effect.
(3) In any instrument, a reference to an interim conservation order under this Act is taken to be a reference to an interim heritage order under this Act.
(1) When an objection is pending under section 29A immediately before the repeal of that section--(a) sections 29A-29D and 35A continue to apply in respect of the interim conservation order to which the objection relates as if those sections had not been repealed, and(b) clause 5 applies in respect of any permanent conservation order made under section 35A (as applying under this clause) as if the permanent conservation order had been made immediately before the commencement of clause 5.
(2) This clause does not apply if the objection is withdrawn within 30 days after the commencement of this clause. An objection cannot be withdrawn after a commission of inquiry is appointed under section 29B in respect of the objection.
(1) Any item or land that is the subject of a permanent conservation order in force under Part 3 immediately before the commencement of this clause is taken to be listed on the State Heritage Register, and the Heritage Council is to list the item or land accordingly. A listing pursuant to this clause does not prevent the removal of the listing from the State Heritage Register in accordance with this Act.
(2) In any instrument, a reference to an item or land being subject to a permanent conservation order is taken to be a reference to an item or land being subject to a listing on the State Heritage Register.
(3) This clause applies to the permanent conservation order validated by section 4 of the repealed Act, and to any item or land the subject of that permanent conservation order, as if it were a permanent conservation order in force under Part 3 of this Act immediately before the commencement of this clause.
(4) In this clause,
"repealed Act" means the Walsh Bay Development (Special Provisions) Act 1999 , as in force immediately before its repeal.
(5) Subclauses (3) and (4) re-enact (with minor modifications) section 4 (4) of the repealed Act and are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(1) As soon as possible after the commencement of this clause, the Heritage Council is to list on the State Heritage Register each item that is entered in a register kept under section 170 (Heritage and Conservation Register) as at that commencement if the Heritage Council--(a) considers that the item is of State heritage significance, and(b) considers that the item should be listed on the State Heritage Register, and(c) is satisfied that the item is owned by a government instrumentality and the government instrumentality has determined that the item is of State heritage significance.
(2) The listing of an item pursuant to this clause does not prevent the removal of the listing in accordance with this Act.
(3) For the purposes of this clause, a register of items of the environmental heritage kept by a State owned corporation immediately before the commencement of this clause is taken to be a register kept under section 170.
An exemption in force under section 57 (2) on the commencement of this clause has effect on and from that commencement subject to the following--
(a) a reference to an interim conservation order is to be read as a reference to an interim heritage order,
(b) a reference to a building, work, relic, place or land being subject to a permanent conservation order is to be read as a reference to its being listed on the State Heritage Register.
(1) A reference in Division 6 (Rating and taxing) of Part 6, as amended by the Heritage Amendment Act 1998 , to listing on the State Heritage Register includes a reference to a permanent conservation order under this Act as in force before the amendments made by that Act.
(2) A reference in Division 6 (Rating and taxing) of Part 6, as amended by the Heritage Amendment Act 1998 , to an interim heritage order made by the Minister includes a reference to an interim conservation order under this Act as in force before the amendments made by that Act.
In this Part--
"2001 amending Act" means the Heritage Amendment Act 2001 .
"amended Act" means this Act, as amended by the 2001 amending Act.
Section 63 of the amended Act extends to any application for an approval made before the commencement of the amendments to that section made by the 2001 amending Act.
(1) Section 63A of the amended Act extends to any application for an approval made before the commencement of that section.
(2) Section 63B of the amended Act extends to any application for an approval made before the commencement of that section.
Section 65A of the amended Act extends to any approval granted before the commencement of that section.
Section 158A does not apply to any offence that is alleged to have been committed before the commencement of that section.
In this Part,
"2009 amending Act" means the Heritage Amendment Act 2009 .
(1) The criteria notified in the Gazette under section 4A (3), as in force before its substitution by the 2009 amending Act, are taken to be criteria approved by the Minister and published in the Gazette under section 4A (3) as substituted by the 2009 amending Act.
(2) The Minister may, by notice published in the Gazette, revoke approval of any criteria taken to be approved and published under subclause (1).
(1) In this clause--
"existing appointed member" means a member appointed under section 8 (2) (a) (ii) or (b), and holding office as such a member, immediately before the substitution of section 8 by the 2009 amending Act.
(2) A person who held office as a member (other than an existing appointed member) of the Heritage Council immediately before the substitution of section 8 by the 2009 amending Act ceases to hold office on that substitution and is not entitled to any remuneration or compensation for loss of office.
(3) Subject to clause 6 of Schedule 2, an existing appointed member continues in office as a member of the Heritage Council after that substitution for the remainder of the term of the person's appointment (as specified in the member's instrument of appointment under section 8 as in force before that substitution). Any such member, if eligible for reappointment, may be reappointed.
(4) The Heritage Council, as constituted immediately after the substitution of section 8 by the 2009 amending Act, is a continuation of, and the same legal entity as, the Heritage Council as constituted immediately before that substitution.
(1) Section 32, as in force before its amendment by the 2009 amending Act, applies to the listing of an item for which a recommendation was made by the Heritage Council, but not determined by the Minister, before that amendment.
(2) Section 38, as in force before its amendment by the 2009 amending Act, applies to the removal of an item for which a recommendation was made by the Heritage Council, but not determined by the Minister, before that amendment.
(1) Section 170 (4), as in force before its amendment by the 2009 amending Act, continues to apply in respect of a government instrumentality if the instrumentality had furnished a copy of its Heritage and Conservation Register to the Heritage Council before that amendment.
(2) This clause ceases to apply to a government instrumentality when the instrumentality amends its Heritage and Conservation Register in accordance with section 170 (4), as amended by the 2009 amending Act.
Any form approved by the Minister, being a form that is an
"approved form" for the purposes of this Act immediately before the amendment
of that definition by Schedule 1 [1[#93] to the Heritage Amendment Act 2011 ,
is taken to have been approved by the Heritage Council on the commencement of
that amendment.
The amendments made to this Act by Schedule 1 [11[#93] and [12[#93] to the Heritage Amendment Act 2011 apply only in relation to a recommendation for listing that is made by the Heritage Council after the commencement of those amendments.