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 ActStatute Law (Miscellaneous Provisions) Act (No 2) 2003 , but only to the extent that it amends this ActBrigalow and Nandewar Community Conservation Area Act 2005 , but only to the extent that it amends this Actany other 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 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.
In this Schedule--
"assets" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description (including money), and includes securities, choses in action and
documents.
"liabilities" means any liabilities, debts or obligations (whether present or
future and whether vested or contingent).
"rights" means any rights, powers, privileges or immunities (whether present
or future and whether vested or contingent).
In
this Part--
"former Act" means the Waste Minimisation and Management Act 1995 .
"instrument" means an instrument (other than this Act) that creates, modifies
or extinguishes rights or liabilities (or would do so if lodged, filed or
registered in accordance with any law), and includes any judgment, order or
process of a court.
"State Waste Advisory Council" means the State Waste Advisory Council
established by the former Act as in force immediately before the repeal of
that Act by this Act.
"Waste Board" means a Waste Planning and Management Board constituted under
Part 3 of the former Act as in force immediately before the repeal of that Act
by this Act.
(1) Each Waste Board is dissolved.
(2) A person who, immediately before the dissolution of a Waste Board, held office as a director of the Waste Board--(a) ceases to hold that office, and(b) is not entitled to any compensation because of the loss of that office.
(1) This clause applies to a person employed by a Waste Board immediately before the day on which the Waste Board is dissolved by this Act as--(a) the general manager, or(b) an officer declared by the Minister by order in writing to be an officer to whom this clause applies.
(2) A person to whom this clause applies--(a) ceases to hold the position held by the person immediately before the Waste Board is dissolved, and(b) except as provided by subclause (3), is not entitled to any compensation because of the loss of that position, and(c) is eligible to be employed by Resource NSW.
(3) Any such person (if not employed by Resource NSW on ceasing to hold that position) is entitled to be paid by Resource NSW--(a) the compensation (if any) that would have been payable under Part 2A of the Public Sector Management Act 1988 on termination of employment if the person had been an executive officer to whom that Part applied, or(b) the compensation (if any) provided by the person's contract of employment with the dissolved Waste Board on termination of employment with that Board,whichever is the lesser.
(1) This clause applies to a person employed by a Waste Board immediately before the day on which the Waste Board is dissolved by this Act, other than the general manager or other officer to whom clause 4 applies.
(2) A person to whom this clause applies becomes, on the dissolution of the Waste Board, an employee of Resource NSW.
(3) The person is (until other provision is duly made under any Act or law) to be employed in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the person had the person remained in the employ of the Waste Board.
On the dissolution of a Waste Board by this Act, a reference in any Act (other than this Act), in an instrument made under any Act or in a document of any kind--
(a) to the Waste Board is taken to be a reference to Resource NSW, and
(b) to a director of the Waste Board is taken to be a reference to a member of the Board of Resource NSW, and
(c) to the general manager of the Waste Board is taken to be a reference to the Chief Executive of Resource NSW.
(1) On the day on which a Waste Board is dissolved by this Act, the following provisions have effect--(a) the assets of the Waste Board vest in Resource NSW by virtue of this clause without the need for any further conveyance, transfer, assignment or assurance,(b) the rights and liabilities of the Waste Board become the rights and liabilities of Resource NSW,(c) all proceedings commenced before that day by or against the Waste Board and pending immediately before that day are taken to be proceedings pending by or against Resource NSW,(d) any act, matter or thing done or omitted to be done before that day by, to or in respect of the Waste Board 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 Resource NSW.
(2) The Minister may, by order in writing, direct that any specified asset, right or liability of a Waste Board is transferred to a body representing the Crown (but only if the body consents to the transfer). Subclause (1) applies to any such direction as if a reference to Resource NSW were a reference to that body.
(3) 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.
(4) The operation of this clause is not to be regarded as an event of default under any contract or other agreement.
(5) No attornment to the transferee by a lessee from a Waste Board is required.
Duty under the Duties Act 1997 is not chargeable for or in respect of--
(a) a transfer effected by or under this Schedule, or
(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
(1) This clause applies with respect to any period before the dissolution of a Waste Board for which the affairs of the Waste Board have not been the subject of an annual financial report of the Waste Board.
(2) The first annual report of Resource NSW is to include the financial affairs of a dissolved Waste Board with respect to any such period.
(1) The State Waste Advisory Council is abolished.
(2) A person who, immediately before the abolition of State Waste Advisory Council, held office as a member of the Council--(a) ceases to hold that office, and(b) is not entitled to any compensation because of the loss of that office.
(1) In this clause--
"IWRP" means an industry waste reduction plan in force under Part 4 of the former Act immediately before its repeal.
"used packaging materials IWRP" means the IWRP notified in the Gazette of 29 September 2000.
(2) On the repeal of the former Act, each IWRP (other than the used packaging materials IWRP) is revoked and ceases to have effect.
(3) The used packaging materials IWRP continues to have effect until--(a) 1 July 2006, or(b) a date appointed by proclamation for the purposes of this clause,whichever first occurs.
(3A) Paragraph 5.1 of the used packaging materials IWRP is to be construed as if it read as follows--This Plan comes into force on the commencement date and will continue in force until 1 July 2006, or until a date appointed by proclamation for the purposes of clause 12 of Schedule 4 to the Waste Avoidance and Resource Recovery Act 2001 , whichever occurs first.
(4) The provisions of the former Act relating to an IWRP (and related provisions of the Protection of the Environment Operations Act 1997 ) continue to have effect (despite their repeal) with respect to the used packaging materials IWRP while it continues to have effect under subclauses (3) and (3A).
In this Part--
"Board" means the Board of Resource NSW referred to in section 8 as in force
immediately before the repeal of that section by the Statute Law
(Miscellaneous Provisions) Act (No 2) 2003 .
"Resource NSW" means the corporation constituted under section 5 as in force
immediately before the repeal of that section by the
Statute Law (Miscellaneous Provisions) Act (No 2) 2003 .
(1) Resource NSW is dissolved.
(2) A reference in any document (other than this Act) to Resource NSW is taken to be a reference to the Director-General.
(3) A person who, immediately before the dissolution of Resource NSW, held office as a member of the Board--(a) ceases to hold that office, and(b) is not entitled to any compensation because of the loss of that office.
(1) On the day on which Resource NSW is dissolved by this Act, the following provisions have effect--(a) the assets of Resource NSW vest in the Crown by virtue of this clause without the need for any further conveyance, transfer, assignment or assurance,(b) the rights and liabilities of Resource NSW become the rights and liabilities of the Crown,(c) all proceedings commenced before that day by or against Resource NSW and pending immediately before that day are taken to be proceedings pending by or against the Crown,(d) any act, matter or thing done or omitted to be done before that day by, to or in respect of Resource NSW 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 Crown.
(2) 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.
(3) The operation of this clause is not to be regarded as an event of default under any contract or other agreement.
(4) No attornment to the transferee by a lessee from Resource NSW is required.
(5) Duty under the Duties Act 1997 is not chargeable for or in respect of--(a) a transfer effected by this clause, or(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
(1) The annual report of Resource NSW required under the Annual Reports (Statutory Bodies) Act 1984 in respect of the portion of the financial year ending on the date of dissolution of Resource NSW is to be included in the annual report of the Department of Environment and Conservation for the relevant financial year.
(2) In this clause,
"financial year" has the same meaning as it has in the Public Finance and Audit Act 1983 .
Note : An annual report referred to in clause 16(1) must contain financial statements, prepared in accordance with Division 3 of Part 3 of the Public Finance and Audit Act 1983 and audited under that Division.
(1) The Waste Fund established under former section 19 is abolished.
(2) All money that is in the Waste Fund, as at the date of its abolition by this clause, is to be paid into the Environmental Trust Fund.
(3) In this clause--
"Environmental Trust Fund" means the fund of that name established by the Environmental Trust Act 1998 .
"former section 19" means section 19 of this Act as in force immediately before the commencement of Schedule 12.6 to the Brigalow and Nandewar Community Conservation Area Act 2005 .
In this
Part,
"amending Act" means the Waste Avoidance and Resource Recovery Amendment
(Container Deposit Scheme) Act 2016 .
Section 5 of the Subordinate Legislation Act 1989 does not apply to the first regulation made under this Act comprising matters relating to the container deposit scheme established by Part 5 of this Act (as inserted by the amending Act).
A reference in section 29 (as inserted by the amending Act) to a provision of Division 3 of Part 5 of this Act is to be read as if that Division had commenced on the date of assent to the amending Act.