Does not include amendments by:
Sec 7 (1) of this Act (sec 7 (1) repeals a subschedule of Sch 1, 2 or 3 on the day following the day on which all of the provisions of that subschedule have commenced)

An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings.

1   Name of Act

This Act is the Statute Law (Miscellaneous Provisions) Act (No 2) 2008.

2   Commencement

(1)  This Act commences on the date of assent, except as provided by this section.

(2)  The amendments made by Schedules 1–3 commence on the day or days specified in those Schedules in relation to the amendments concerned. If a commencement day is not specified, the amendments commence on the date of assent.

3   Amendments

The Acts and instruments specified in Schedules 1–3 are amended as set out in those Schedules.

4   Repeals

(1)  Each Act specified in Part 1 of Schedule 4 is repealed.

(2)  Each Act specified in Part 2 or 3 of Schedule 4 is, to the extent indicated in the Part, repealed.

5   General savings, transitional and other provisions

Schedule 5 has effect.

6   Explanatory notes

The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.

7   Repeal of provisions of Act

(1)  A subschedule of Schedule 1, 2 or 3 is repealed on the day following the day on which all of the provisions of the subschedule have commenced.

(2)  The repeal of any such subschedule does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by those subschedules.

Schedule 1 Minor amendments

(Section 3)

1.1–1.7

1.8 Environmental Planning and Assessment Act 1979 No 203

[1]   Sections 75J (5) and 122 (b) (vi)

Omit “referred to in section 93F” wherever occurring.

Insert instead “under Division 4 of Part 5B”.

[2]   Section 79C Evaluation

Omit “section 93F” wherever occurring in section 79C (1) (a) (iiia).

Insert instead “Division 4 of Part 5B”.

[3]   Section 80A Imposition of conditions

Omit “section 94, 94A, 94EF or 94F” from section 80A (1) (h).

Insert instead “Division 2, 3 or 5 of Part 5B”.

[4]   Section 85A Process for obtaining complying development certificates

Omit “Division 6” from section 85A (9).

Insert instead “Part 5B (Division 5 excepted)”.

[5]   Section 109ZI Definitions

Omit the definition of building work. Insert instead:

  

building work includes the design or inspection of building work, the issuing of a Part 4A certificate or complying development certificate in respect of building work and the issue of a design certificate under section 109IA.

[6]   Section 118 Appointment of planning administrator, planning assessment panel or regional panel

Omit “94E” from paragraph (a) of the definition of failure to comply with obligations under the planning legislation in section 118 (12).

Insert instead “116L”.

[7]   (Repealed)

[8]   Schedule 5A Special contributions areas

Omit “Schedule 116A”. Insert instead “Section 116A”.

Items [1]–[4] and [6] of the amendments commence or are taken to have commenced on the commencement of Schedule 3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008.

Item [5] of the amendments commences or is taken to have commenced on the commencement of Schedule 4.1 [17] to the Environmental Planning and Assessment Amendment Act 2008.

Item [8] of the amendments commences immediately after the commencement of Schedule 3.1 [8] to the Environmental Planning and Assessment Amendment Act 2008.

Explanatory note

Items [1]–[4] and [6] of the proposed amendments to the Environmental Planning and Assessment Act 1979 (the EP&A Act) update cross-references.

Currently, section 109ZI of the EP&A Act and section 64 of the Building Professionals Act 2005 provide that building work includes the design, inspection and issuing of a Part 4A certificate or complying development certificate in respect of building work.

On the commencement of Schedule 2 [14] to the Building Professionals Amendment Act 2008, building work under the Building Professionals Act 2005 will include the issue of a design certificate under section 109IA of the EP&A Act. Item [5] of the proposed amendments ensures that the definition of building work in section 109ZI of the EP&A Act remains consistent with the definition in section 64 of the Building Professionals Act 2005.

Items [7] and [8] of the proposed amendments correct typographical errors.

1.9–1.11

1.12 Local Government Act 1993 No 30

[1], [2]   (Repealed)

[3]   Section 32 Reclassification of land dedicated under Division 2 of Part 5B of the Environmental Planning and Assessment Act 1979

Omit “section 94” from section 32 (1) and (5) wherever occurring.

Insert instead “Division 2 of Part 5B”.

[4]   Section 32 (2)

Omit “public amenities and public services”.

Insert instead “community infrastructure”.

[5]   Section 32 (5)

Omit “that section”. Insert instead “Divisions 1 and 2 of Part 5B of that Act”.

[6]   Section 377 General power of the council to delegate

Omit “section 82A” from section 377 (1) (o). Insert instead “section 96D”.

[7]–[9]   (Repealed)

Items [1] and [2] of the amendments commence, or are taken to have commenced, on the commencement of Schedule 1.1 [11] to the Environmental Planning and Assessment Amendment Act 2008.

Items [3]–[5] of the amendments commence, or are taken to have commenced, on the commencement of Schedule 3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008.

Item [6] of the amendments commences, or is taken to have commenced, on the commencement of section 96D of the Environmental Planning and Assessment Act 1979 (as inserted by Schedule 2.1 [36] to the Environmental Planning and Assessment Amendment Act 2008).

Explanatory note

The proposed amendments to the Local Government Act 1993 update provisions of that Act as a consequence of amendments to the Environmental Planning and Assessment Act 1979 made by the Environmental Planning and Assessment Amendment Act 2008.

Items [1] and [2] of the proposed amendments update terminology relating to the making of local environmental plans, so that reference is made instead to planning proposals.

Items [3]–[5] of the proposed amendments update terminology and references relating to development contributions. Reference is now made to “community infrastructure” rather than “public amenities and public services”.

Items [6] and [9] of the proposed amendments update cross-references.

Items [7] and [8] of the proposed amendments move incorrectly located words.

1.13–1.24

Schedule 2 Amendments by way of statute law revision

(Section 3)

2.1–2.9

2.10 Growth Centres (Development Corporations) Act 1974 No 49

Section 23 (2) (e)

Omit “Divisions 6 and 6A of Part 4”. Insert instead “Part 5B”.

The amendment commences on the commencement of Schedule 3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008.

Explanatory note

The proposed amendment updates a cross-reference.

2.11–2.31

2.32 Sydney Olympic Park Authority Act 2001 No 57

[1]   (Repealed)

[2]   Section 23

Omit “Division 6 of Part 4”. Insert instead “Part 5B”.

Item [2] of the amendments commences on the commencement of Schedule 3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008.

Explanatory note

Item [1] of the proposed amendments updates references to a Minister and a Department.

Item [2] of the proposed amendments updates a cross-reference.

2.33, 2.34

2.35 Threatened Species Conservation Act 1995 No 101

[1]   Section 127B (10) (a)

Omit “Subdivision 2 of Division 6 of Part 4”.

Insert instead “Division 4 of Part 5B”.

[2]   Section 127B (10) (b)

Omit “or levy) required under Subdivision 3 or 4 of Division 6 of Part 4”.

Insert instead “) required under Division 2 or 3 of Part 5B”.

[3]   Section 127ZO (7)

Omit “Section 82A”. Insert instead “Section 96D”.

Items [1] and [2] of the amendments commence on the commencement of Schedule 3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008.

Item [3] of the amendments commences on the commencement of section 96D of the Environmental Planning and Assessment Act 1979 to be inserted by Schedule 2.1 [36] to the Environmental Planning and Assessment Amendment Act 2008.

Explanatory note

The proposed amendments update cross-references.

2.36–2.38

2.39 Western Sydney Parklands Act 2006 No 92

[1]   Section 39 (4)

Omit “Division 6 of Part 4”. Insert instead “Part 5B”.

[2]   Section 39 (4)

Omit “section 94EJ”. Insert instead “section 116ZD”.

The amendments commence on the commencement of Schedule 3.1 [6] to the Environmental Planning and Assessment Amendment Act 2008.

Explanatory note

The proposed amendments update cross-references.

2.40, 2.41

Schedules 3, 4 (Repealed)

Schedule 5 General savings, transitional and other provisions

(Section 5)

1   Effect of amendment of amending provisions

(1)  An amendment made by Schedule 1 or 2 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, taken to have effect as from the commencement of the amending provision (whether or not the amending provision has been repealed).

(2)  In this clause:

amending provision means a provision of an Act that makes a direct amendment to an Act by:

(a)  the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or

(b)  the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, or

(c)  the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act.

Explanatory note

This clause ensures that certain amendments, including amendments correcting errors in technical provisions (for example, headings indicating the section to be amended or directions as to where a new section is to be inserted) and rectifying minor drafting errors (for example, corrections in numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter or insertion of omitted matter), will be taken to have commenced on the date the amendments to which they relate commenced.

2   Effect of amendment or repeal on acts done or decisions made

Except where it is expressly provided to the contrary, if this Act:

(a)  amends a provision of an Act or an instrument, or

(b)  repeals and re-enacts (with or without modification) a provision of an Act or an instrument,

any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or repealed.

Explanatory note

This clause ensures that the amendment or repeal of a provision will not, unless expressly provided, vitiate any act done or decision made under the provision as in force before the amendment or repeal.

3   Effect of amendment on instruments

Except where expressly provided to the contrary, any instrument made under an Act amended by this Act, that is in force immediately before the commencement of the amendment, is taken to have been made under the Act as amended.

Explanatory note

This clause ensures that, unless expressly provided, any instrument that is in force and made under a provision of an Act that is amended or substituted by the proposed Act will be taken to have been made under the Act as amended.

4   Revocation of repeal

(1)  The Governor may by proclamation published on the NSW legislation website revoke the repeal of any Act or instrument effected by the following:

this Act

Statute Law (Miscellaneous Provisions) Act (No 2) 2007

(2)  Any Act or instrument the subject of a proclamation under subclause (1) is taken not to be, and never to have been, repealed by any such Act.

(3)  Subclause (2) does not operate in respect of any Act or instrument 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 publication on the NSW legislation website of the proclamation under subclause (1) in respect of that Act or instrument, 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 publication of that proclamation.

(4)  A reference in this clause to an Act or instrument includes a reference to a provision of any Act or instrument.

Explanatory note

This clause enables the Governor, by proclamation, to revoke the repeal of any Act or instrument or the provision of any Act or instrument repealed by this Act or the 2007 statute law revision Act. The Act or instrument or provision of an Act or instrument the subject of the revocation of repeal is taken not to be, and never to have been, repealed.

5   Regulations

(1)  The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to this Act 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.

Explanatory note

This clause enables the making of regulations of a savings or transitional nature having a short term effect and relating to incidental matters arising out of the proposed Act with regard to which no specific, or sufficient, provision has been made in the proposed Act.

Notes

Index of Acts and instruments amended by Schedules 1–3

Anti-Discrimination Act 1977 No 48—Schedule 2

Banks and Bank Holidays Act 1912 No 43—Schedule 1

Building Professionals Act 2005 No 115—Schedule 1

Building Professionals Amendment Act 2008 No 37—Schedule 2

Business Names Act 2002 No 97—Schedule 1

Canada Bay Local Environmental Plan 2008—Schedule 2

Children and Young Persons (Care and Protection) Act 1998 No 157—Schedule 1

City of Sydney Act 1988 No 48—Schedule 2

Commission for Children and Young People Act 1998 No 146—Schedule 1

Constitution Act 1902 No 32—Schedule 1

Constitution (Disclosures by Members) Regulation 1983—Schedule 2

Conveyancing Act 1919 No 6—Schedule 2

Co-operatives Act 1992 No 18—Schedule 1

Criminal Procedure Act 1986 No 209—Schedule 2

Electronic Transactions Regulation 2007—Schedule 2

Environmental Planning and Assessment Act 1979 No 203—Schedules 1 and 3

Environmental Planning and Assessment Amendment Act 2008 No 36—Schedule 1

Government Guarantees Act 1934 No 57—Schedule 3

Growth Centres (Development Corporations) Act 1974 No 49—Schedule 2

Hawkesbury Local Environmental Plan 1989—Schedule 2

Interpretation Act 1987 No 15—Schedule 1

Justices of the Peace Act 2002 No 27—Schedule 1

Law Enforcement (Powers and Responsibilities) Act 2002 No 103—Schedules 2 and 3

Local Courts (Criminal and Applications Procedure) Rule 2003—Schedule 2

Local Government Act 1993 No 30—Schedule 1

Local Government (General) Regulation 2005—Schedule 2

Marine Parks Act 1997 No 64—Schedule 1

Medical Practice Act 1992 No 94—Schedule 2

Mining Amendment Act 2008 No 19—Schedule 2

Miscellaneous Acts (Local Court) Amendment Act 2007 No 94—Schedules 2 and 3

Motor Dealers Regulation 2004—Schedule 2

Motor Vehicle Repairs Act 1980 No 71—Schedule 1

National Parks and Wildlife Act 1974 No 80—Schedule 1

Newcastle Local Environmental Plan 2003—Schedule 2

Noxious Weeds Act 1993 No 11—Schedule 1

Parliamentary Electorates and Elections Act 1912 No 41—Schedule 2

Parliamentary Electorates and Elections Amendment Act 2006 No 68—Schedule 3

Pesticides Act 1999 No 80—Schedule 1

Police Integrity Commission Act 1996 No 28—Schedule 2

Police Regulation (Superannuation) Act 1906 No 28—Schedule 1

Property, Stock and Business Agents Act 2002 No 66—Schedule 2

Public Authorities (Financial Arrangements) Regulation 2005—Schedule 3

Public Finance and Audit Act 1983 No 152—Schedule 3

Public Sector Employment and Management Act 2002 No 43—Schedule 1

Redfern–Waterloo Authority Act 2004 No 107—Schedule 2

Residential Parks Regulation 2006—Schedule 2

Rice Marketing Act 1983 No 176—Schedule 3

Road Transport (Driver Licensing) Regulation 2008—Schedule 2

Road Transport (General) Act 2005 No 11—Schedule 2

Road Transport (Safety and Traffic Management) Act 1999 No 20—Schedule 1

Solicitor General Act 1969 No 80—Schedule 2

Standard Instrument (Local Environmental Plans) Order 2006—Schedule 2

State Authorities Non-contributory Superannuation Act 1987 No 212—Schedule 1

State Authorities Superannuation Act 1987 No 211—Schedule 1

State Environmental Planning Policy No 19—Bushland in Urban Areas—Schedule 2

State Environmental Planning Policy (Major Projects) 2005—Schedule 2

Statutory and Other Offices Remuneration Act 1975 (1976 No 4)—Schedule 1

Superannuation Act 1916 No 28—Schedule 1

Swimming Pools Regulation 2008—Schedule 2

Sydney Olympic Park Authority Act 2001 No 57—Schedule 2

Sydney Water Catchment Management Regulation 2008—Schedule 2

Terrorism (Police Powers) Act 2002 No 115—Schedule 2

Threatened Species Conservation Act 1995 No 101—Schedule 2

Tumut Local Environmental Plan 1990—Schedule 2

Victims Support and Rehabilitation Act 1996 No 115—Schedule 2

Water Sharing Plan for the NSW Great Artesian Basin Groundwater Sources 2008—Schedule 2

Western Sydney Parklands Act 2006 No 92—Schedule 2

Wyong Local Environmental Plan 1991—Schedule 2

Young Offenders Regulation 2004—Schedule 2

Index of Acts repealed by Schedule 4

Appropriation (Parliament) Act 2007 No 19

Appropriation (Special Offices) Act 2007 No 20

Bennelong Point (Parking Station) Act 1985 No 189

Dairy Adjustment Programme Agreement Ratification Act 1975 No 31

Dairy Adjustment Programme Agreement Ratification Act 1977 No 98

Dried Fruits (Repeal) Act 1997 No 124

Grain Marketing Act 1991 No 15

Marginal Dairy Farms Reconstruction Scheme Agreement Ratification Act 1971 No 72

Softwood Forestry Agreement Act 1968 No 20

Softwood Forestry Agreement Ratification Act 1980 No 90

Softwood Forestry (Further Agreement) Act 1973 No 7

State Brickworks Act 1946 No 16

Statute Law (Miscellaneous Provisions) Act (No 2) 2007 No 82

Swine Compensation Act 1928 No 36

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114. Assented to 10.12.2008. Date of commencement, Schs 1–3 excepted, assent, sec 2 (1); date of commencement of Schs 1–3 (except Schs 1.2, 1.8 [1]–[6] and [8], 1.12 [1]–[6], 1.18, 1.21, 1.22, 1.24, 2.4, 2.5, 2.8 [3], 2.10, 2.11 [1], 2.21, 2.32 [2], 2.35 [1]–[3] and 2.39), assent, sec 2 (2); date of commencement of Sch 1.2, 3.11.2008, Sch 1.2; date of commencement of Schs 1.8 [3]–[6] and [8], 1.12 [1]–[6], 2.10, 2.32 [2], 2.35 [1]–[3] and 2.39: not in force; date of commencement of Sch 1.12 [1] and [2], 1.7.2009, Sch 1.12 and 2009 (254) LW 26.6.2009; date of commencement of Sch 1.18, 19.12.2008, Sch 1.18 and GG No 158 of 19.12.2008, p 12310; date of commencement of Sch 1.21, 19.12.2008, Sch 1.21 and GG No 158 of 19.12.2008, p 12310; date of commencement of Sch 1.22, 19.12.2008, Sch 1.22 and GG No 158 of 19.12.2008, p 12310; date of commencement of Sch 1.24, 19.12.2008, Sch 1.24 and GG No 158 of 19.12.2008, p 12310; date of commencement of Sch 2.4, 7.3.2008, Sch 2.4; date of commencement of Sch 2.5, 1.7.2009, Sch 2.5 and 2009 (254) LW 26.6.2009; date of commencement of Sch 2.8 [3], 1.8.2008, Sch 2.8; date of commencement of Sch 2.11 [1], 18.7.2008, Sch 2.11; date of commencement of Sch 2.21, 1.8.2008, Sch 2.21; Sch 2.23 was not commenced and was repealed by the Redfern–Waterloo Authority Repeal Act 2011 No 61. This Act has been amended by sec 7 (1) of this Act and as follows:

Table of amendments