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--this ActProtection of the Environment Administration Amendment (Environmental Education) Act 1998Protection of the Environment Legislation Amendment Act 2011any Act that amends 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 date.
(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 before the date of its publication.
(1) The State Pollution Control Commission is abolished.
(2) All public service staff attached to that Commission (and any other staff employed by that Commission), immediately before the abolition of that Commission, become public service staff attached to (and other staff employed by) the Authority.
(3) On the abolition of that Commission, the following provisions have effect--(a) the assets of that Commission vest in the Authority by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities of that Commission become by virtue of this clause the rights and liabilities of the Authority,(c) all proceedings by or against that Commission that are pending immediately before the abolition are taken to be proceedings pending by or against the Authority,(d) any act, matter or thing done or omitted to be done before the abolition by, to or in respect of that Commission is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Authority.
(4) The operation of this clause is not to be regarded--(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(5) No attornment to the Authority by a lessee from that Commission is required.
(1) This clause applies during any period after the commencement of section 15 and before the abolition of the State Pollution Control Commission.
(2) During the period to which this clause applies the State Pollution Control Commission is to be constituted by the members of the Board of the Authority. When acting as members of that Commission, Schedule 1 applies as if they were acting as members of the Board of the Authority.
(3) A person who, immediately before the commencement of section 15, held office as a member of that Commission--(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(4) On the commencement of section 15, the following provisions of the State Pollution Control Commission Act 1970 cease to have effect--section 6 (except subsection (1)),sections 7, 8 and 9.
(1) The Ministry for the Environment is abolished.
(2) All branches of that Ministry are removed from that Ministry and added to the group of public service staff attached to the Authority.
(1) The following committees are dissolved--(a) the Technical Advisory Committee and any other Committee established under Part 4 of the State Pollution Control Commission Act 1970 ,(b) the Clean Waters Advisory Committee established under Part 2 of the Clean Waters Act 1970 .
(2) A person who, immediately before the dissolution of any such committee, held office as a member of the committee--(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(3) On the dissolution of any such committee, the assets, rights, liabilities and obligations of the Committee become the assets, rights, liabilities and obligations of the Authority.
In any other Act, in any instrument made under any Act or in any document of any kind--
(a) a reference to the State Pollution Control Commission or the Ministry for the Environment is to be read as a reference to the Authority, and
(b) a reference to the Director of the State Pollution Control Commission or of the Ministry for the Environment is to be read as a reference to the Director-General of the Authority, and
(c) a reference to a member of the State Pollution Control Commission is to be read as a reference to a member of the Board of the Authority, and
(d) a reference to an officer or employee of the State Pollution Control Commission or the Ministry for the Environment is to be read as a reference to a member of the staff of the Authority.
(1) The Environmental Education Committee established under Part 6 is dissolved.
(2) A person who, immediately before the dissolution of the Environmental Education Committee, held office as a member of the Committee--(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(3) On the dissolution of the Environmental Education Committee, the assets, rights, liabilities and obligations of the Committee become the assets, rights, liabilities and obligations of the Authority.
A person who, immediately before the commencement of Schedule 1 [4[#93] to the Protection of the Environment Legislation Amendment Act 2011 , held office as a member of the Board--
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office.
A person who, immediately before the repeal of Divisions 1-3 of Part 6 of this Act by the Protection of the Environment Legislation Miscellaneous Amendments Act 2017 , held office as a member of the Hunter Region Environment Protection Community Consultation Forum, the Illawarra Region Environment Protection Community Consultation Forum or the New South Wales Council on Environmental Education--
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office.
In this Part--
"amended" , in relation to a provision, means the provision as in force on and after the commencement date.
"commencement date" means the date the Environment Legislation Amendment Act 2022 , Schedule 4 commenced.
(1) This clause applies to the person who, immediately before the commencement date, holds the appointment as Chairperson of the Authority.
(2) On the commencement date--(a) the person's appointment as Chairperson of the Authority ends, and(b) the person is taken to have been appointed as Chairperson of the Board under amended section 18(1).
(3) For the purposes of amended section 18(2), the person is taken to be appointed as Chairperson on a part-time basis on the same terms and conditions as applied in relation to the person's appointment as Chairperson of the Authority immediately before the commencement date.
(4) For the purposes of Schedule 1, clause 2, the person is taken to have been appointed as Chairperson of the Board for the term that ends on the day on which the person's appointment as the Chairperson of the Authority would have ended other than because of subclause (2)(a).
(5) For the purposes of amended Schedule 1, clause 2A, the Minister is taken to have decided that the remuneration and allowances payable to the person as Chairperson of the Board are the same as the remuneration and allowances that were payable to the person as Chairperson of the Authority.
(6) Subclause (5) does not affect the Minister's power to otherwise determine the remuneration and allowances payable to the Chairperson of the Board from time to time under amended Schedule 1, clause 2A.
(1) This clause applies in relation to appointed members of the existing Board.
(2) Despite amended Part 5, Division 2, from the commencement date--(a) each appointed member of the existing Board continues as a part-time member of the Board under amended Part 5, Division 2 on the same terms and conditions as applied in relation to the appointed member's appointment immediately before the commencement date, and(b) the continuing part-time members of the Board are taken to collectively have the skills and experience stated in amended section 15(3).
(3) In this clause--
"appointed member" , of the existing Board, means a person who, immediately before the commencement date, holds an appointment as a part-time member of the Board.
"existing Board" means the Board as constituted immediately before the commencement date.
In this part--
"amendment Act" means the Environment Protection Legislation Amendment
(Stronger Regulation and Penalties) Act 2024 .
"commencement" means the commencement of the amendment Act, Schedule 8[5[#93].
Section 34A, as amended by the amendment Act, applies to penalty notices paid after the commencement.