New South Wales Repealed Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

This legislation has been repealed.

MARINE PARKS ACT 1997 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

(Section 50)

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
Marine Parks Amendment Act 2000
Marine Parks Amendment Act 2008
Fisheries Management Amendment Act 2009
(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 or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Regulations relating to aquatic reserves

(1) If an aquatic reserve under the Fisheries Management Act 1994 is revoked by a declaration of a marine park under this Act, the provisions of the regulations under Division 2 of Part 7 of that Act relating to the aquatic reserve (as in force on the declaration of the marine park) continue to have effect in relation to the marine park and are taken to be regulations under this Act and may be amended or repealed accordingly.
(2) Despite subclause (1), on the commencement of this clause, provisions the same as the provisions of Parts 1 and 9 of the Fisheries Management (Aquatic Reserves) Regulation 1995 (as in force immediately before 1 September 2000) are taken to form a regulation that may be cited as the Marine Parks (Solitary Islands) Regulation 2000 .
(3) The Marine Parks (Solitary Islands) Regulation 2000 is taken to be a regulation made under this Act and may be amended or repealed accordingly.
(4) Part 2 of the Subordinate Legislation Act 1989 does not apply to a regulation taken to have been made under this Act by the operation of this clause.
(5) For the purposes of section 10 of the Subordinate Legislation Act 1989 :
(a) a regulation taken to have been made under this Act by the operation of subclause (1) is taken to have been published on the revocation of the relevant declaration referred to in that subclause, and
(b) the regulation referred to in subclause (3) is taken to have been published on the date of commencement of this clause.
(6) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to a regulation taken to have been made by the operation of this clause.
(7) In any regulation taken to have been made under this Act by the operation of this clause:
(a) a reference to the relevant aquatic reserve is taken to be a reference to a marine park, and
(b) a reference to the Director-General of the Department of Primary Industries is taken to be a reference to the Authority.
(8) A defence under section 36 or 37 of the Fisheries Management Act 1994 applies to an offence against a regulation referred to in subclause (4).

Part 3 - Provisions consequent on enactment of Marine Parks Amendment Act 2000

3 Declaration of certain marine parks

(1) The declarations of the Jervis Bay Marine Park and the Solitary Islands Marine Park published in the Gazette on 2 January 1998 and Lord Howe Island Marine Park published in the Gazette on 26 February 1999:
(a) are taken to have been validly proclaimed in accordance with the provisions of Part 2 as in force at the time each of those proclamations was made, and
(b) are revoked on the commencement of this clause.
(2) On the commencement of this clause:
(a) the areas described in Part 1 of Schedule 4 are declared to be a marine park to be known as "Jervis Bay Marine Park", and
(b) the areas described in Part 2 of Schedule 4 are declared to be a marine park to be known as "Solitary Islands Marine Park", and
(c) the areas described in Part 3 of Schedule 4 are declared to be a marine park to be known as "Lord Howe Island Marine Park".
(3) The declaration of an area to be a marine park by the operation of subclause (2) is taken to be a declaration made in accordance with section 6 and may be revoked or varied in accordance with this Act.
(4) In Schedule 4:

"Lord Howe Island" has the same meaning as
"Island" in section 3 (1) of the Lord Howe Island Act 1953 .

"tidal lands" means any area of land that is covered from time to time by tidal waters, and that is above the lowest astronomical tide level.

"tidal limit" means to the limit of tidal influence at mean high water mark.

"tidal waters" means any area of waters of the sea or subject to tidal influence.
(5) Latitudes and longitudes referred to in Schedule 4 are latitudes and longitudes determined by reference to the Australian Geodetic Datum 1966 (AGD66).

4 Advisory committees

(1) An advisory committee established by the Authority under section 35 and in existence immediately before the commencement of Schedule 1 [15] to the Marine Parks Amendment Act 2000 is taken on that commencement to have been established under that section by the relevant Ministers.
(2) A person holding office as chairperson of an advisory committee under section 35 immediately before the commencement of Schedule 1 [17] to the Marine Parks Amendment Act 2000 is taken on that commencement to have been appointed as chairperson by the relevant Ministers.

5 Marine park rangers

A person who, immediately before the commencement of section 35A, was authorised under paragraph (a) or (b) of the definition of
"marine park ranger" in section 4 (as in force immediately before the commencement of Schedule 1 [2] to the Marine Parks Amendment Act 2000 ) to be a marine park ranger is taken to have been appointed by the relevant Ministers as a marine park ranger under section 35A.

Part 4 - Provisions consequent on enactment of Marine Parks Amendment Act 2008

6 Definitions

In this Part:

"amending Act" means the Marine Parks Amendment Act 2008 .

"existing zoning plan" means a zoning plan prescribed by regulations in force immediately before the repeal of section 16 by the amending Act.

7 Existing zoning plans for marine parks

(1) On the repeal of section 16 by the amending Act, an existing zoning plan is taken to have been made for the purposes of Division 1A of Part 3 of this Act (as inserted by the amending Act).
(2) Despite section 17D (1) (a), the review date for the purposes of that section for the first review of the Solitary Islands Marine Park Zoning Plan and the Jervis Bay Marine Park Zoning Plan is the date of commencement of section 17D.

8 Existing marine park advisory committee

(1) An advisory committee in existence under section 35 immediately before its substitution by the amending Act is taken to have been validly established under section 35 as so substituted.
(2) A person who, immediately before the substitution of section 35 by the amending Act, was a member of an advisory committee for a marine park continues to be a member of the advisory committee for the marine park for the remainder of the term of office.

9 Existing operational plans for marine parks

An operational plan that was in force immediately before the substitution of section 25 by the amending Act is taken to have been adopted under that section as so substituted.

10 Existing marine park rangers

A person who, immediately before the amendment of section 35A by the amending Act, was a marine park ranger is taken to have been validly appointed as a marine park ranger under section 35A as so amended.

11 Existing nominees

A nomination in force under section 44 immediately before the substitution of that section by the amending Act is taken to be a nomination under that section as so substituted.

Part 5 - Provision consequent on enactment of Fisheries Management Amendment Act 2009

12 Penalties imposed by Local Court

The amendment made to section 39 (2) by the Fisheries Management Amendment Act 2009 applies only in respect of an offence committed on or after the commencement of the amendment.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback