New South Wales Consolidated Acts

SURVEYING AND SPATIAL INFORMATION ACT 2002 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

(Section 39)

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

Surveying Amendment Act 2009

(2) Such a 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 such a 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 that 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 that publication.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

In this Part--

"the 1929 Act" means the Surveyors Act 1929 .

"the 1949 Act" means the Survey Co-ordination Act 1949 .

"the 1999 Act" means the Survey (Geocentric Datum of Australia) Act 1999 .

"the former Board" means the Board of Surveyors constituted under the 1929 Act.

"the new Board" means the Board of Surveying and Spatial Information constituted under this Act.

3 Electronic applications for registration

(1) Despite Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (as applied by section 10 of this Act), an application referred to in section 41 of that Act may not be made by means of electronic communication.

(2) Subclause (1) does not limit the effect of the Electronic Transactions Act 2000 .

(3) This clause ceases to have effect on a day to be appointed by proclamation published on the NSW legislation website.

4 Continuation of Board

(1) The new Board is taken to be a continuation of, and the same legal entity as, the former Board.

(2) The members of the former Board cease to hold office on the repeal of the 1929 Act.

5 State triangulation survey

The State control survey under this Act is a continuation of the State triangulation survey under the 1949 Act.

6 Central plan register

The central plan register kept under the 1949 Act is taken to be the register of public surveys kept under this Act.

7 Notices under section 15 of 1949 Act

Any notice given under section 15 (1) of the 1949 Act is taken to be a notice given under section 9 (1) of this Act.

8 Register of surveyors

The register kept under the 1929 Act is taken to be the register of surveyors kept under this Act.

9 Registered surveyors

Any person who, immediately before the repeal of the 1929 Act, was a registered surveyor under that Act is taken to have been registered as a land surveyor under this Act, subject to the same conditions as those to which he or she was then subject.

10 Continuation of certain regulations

The Surveyors (Practice) Regulation 2001 and the Survey Co-ordination Regulation 1998 are taken to be regulations under this Act, and may be amended and repealed accordingly.

11 Construction of certain references

In any Act or instrument--

(a) a reference to the 1929 Act, the 1949 Act or the 1999 Act extends to this Act, and

(b) a reference to a registered surveyor under the 1929 Act extends to a registered land surveyor under this Act.

12 General saving

Subject to this Schedule and the regulations--

(a) anything begun before the appointed day under a provision of the 1929 Act or 1949 Act for which there is a corresponding provision in this Act may be continued and completed under the 1929 Act or 1949 Act as if this Act had not been enacted, and

(b) subject to paragraph (a), anything done under a provision of the 1929 Act or 1949 Act for which there is a corresponding provision in this Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act.