State Emergency and Rescue Management Act 1989 No 165
Current version for 27 November 2013 to date (accessed 23 December 2014 at 05:28)
Schedule 4

Schedule 4 Savings, transitional and other provisions

(Section 68)

Part 1 General

1   Savings and transitional regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of:

this Act

State Emergency and Rescue Management (Amendment) Act 1994

State Emergency Legislation Amendment Act 1995

State Emergency and Rescue Management Amendment Act 2000

State Emergency and Rescue Management Amendment (Botany Emergency Works) Act 2008

State Emergency and Rescue Management Amendment Act 2009

State Revenue Legislation Amendment Act 2010, but only to the extent that it amends this Act, the Fire Brigades Act 1989, the Rural Fires Act 1997 or the State Emergency Service Act 1989

State Emergency and Rescue Management Amendment Act 2010

any other Act that amends this Act

(2)  Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect on 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 this Act

2   Accreditation of rescue units—existing units

(1)  A person who manages or controls a rescue unit established before the commencement of section 53 (Offence to operate rescue unit without accreditation) is not guilty of an offence under that section during the transition period.
(2)  For the purposes of this clause, the transition period is the period between the commencement of section 53 and the expiry of 3 months after that commencement.

Part 3 Provisions consequent on the State Emergency and Rescue Management (Amendment) Act 1994

3   Part 3A applies to existing employment

Part 3A of this Act applies in respect of any employment or engagement even if it commenced before the commencement of that Part.

Part 4 Provisions consequent on State Emergency Legislation Amendment Act 1995

4   State Emergency Operations Controller to cease to be Chairperson of State Emergency Management Committee and State Rescue Board

On and from the commencement of this Part, the State Emergency Operations Controller:
(a)  ceases to hold office as the Chairperson of the State Emergency Management Committee and of the State Rescue Board, and
(b)  is not entitled to any remuneration or compensation because of the loss of those offices.

5   Director-General of SES to cease to be Deputy State Emergency Operations Controller and Deputy Chairperson of State Rescue Board

On and from the commencement of this Part, the Director-General of the State Emergency Service:
(a)  ceases to hold office as Deputy State Emergency Operations Controller and Deputy Chairperson of the State Rescue Board, and
(b)  is not entitled to any remuneration or compensation because of the loss of those offices.

6   Continuation of appointment of State Emergency Operations Controller

The person who, on the commencement of the amendment made to section 18 (1) by the State Emergency Legislation Amendment Act 1995, is the State Emergency Operations Controller is taken to be appointed under that subsection as so amended.

7   References to State Rescue and Emergency Services Board

On and from the commencement of this Part, a reference in any Act (other than this Act) or statutory instrument, or any other instrument, or in any other document, to the State Rescue and Emergency Services Board is to be read as a reference to the State Rescue Board.

Part 5 Provisions consequent on State Emergency and Rescue Management Amendment Act 2000

8   Definition

In this Part:

amending Act means the State Emergency and Rescue Management Amendment Act 2000.

9   Existing District and Local Rescue Sub-committees

(1)  District Rescue Sub-committees established under section 22 (4) are, on the repeal of section 22 (4) by the amending Act, taken to be district rescue committees established under section 48A.
(2)  Local rescue sub-committees established under section 28 (6) are, on the repeal of section 28 (6) by the amending Act, taken to be local rescue committees established under section 48A.

Part 6

10–13(Repealed)

Part 7 Provisions consequent on State Revenue Legislation Amendment Act 2010

14   Collection of emergency services contributions

(1)  In this clause:

relevant provision means any of the following provisions (as inserted by the State Revenue Legislation Amendment Act 2010):

(a)  section 47 (3) of the Fire Brigades Act 1989,
(b)  section 106 (3) of the Rural Fires Act 1997,
(c)  section 24E (3) of the State Emergency Service Act 1989.

(2)  Anything done by the Chief Executive, Emergency Management NSW before the commencement of this clause that could have been validly done under a relevant provision if the provision had been in force when it was done is taken to have been validly done on and from the date when it was done.

Part 8 Provisions consequent on State Emergency and Rescue Management Amendment Act 2010

15   Existing Chairperson of State Emergency Management Committee

The person holding office as Chairperson of the State Emergency Management Committee immediately before the substitution of section 14 (2A) by the State Emergency and Rescue Management Amendment Act 2010 continues to hold office as Chairperson of the Committee until such time as an appointment is made by the Minister under section 14 (2A) as so substituted.

Part 9 Provisions consequent on Emergency Legislation Amendment Act 2012

16   Definition of “amending Act”

In this Part, amending Act means the Emergency Legislation Amendment Act 2012.

17   State Emergency Management Plan

(1)  Displan, as in force under section 12 (1) immediately before the commencement of the amending Act, is taken to be the State Emergency Management Plan.
(2)  A reference in any Act, any instrument made under an Act or a document of any kind to Displan or the State Disaster Plan is taken to be a reference to the State Emergency Management Plan.

18   Existing districts established under section 21

(1)  Districts established under section 21 before the commencement of the amending Act are taken to be regions.
(2)  A reference in any Act, any instrument made under an Act or a document of any kind to a district established under section 21 is taken to be a reference to a region.

19   Existing District Emergency Management Committees

(1)  District Emergency Management Committees constituted under Part 2 of this Act before the commencement of the amending Act are taken to be Regional Emergency Management Committees.
(2)  A reference in any Act, any instrument made under an Act or a document of any kind to such a District Emergency Management Committee is taken to be a reference to a Regional Emergency Management Committee established under that Part.

20   Existing District Emergency Operations Controllers

(1)  Any person holding office as a District Emergency Operations Controller, or as the deputy of that District Emergency Operations Controller, immediately before the commencement of the amending Act is taken to have been appointed as the Regional Emergency Operations Controller or as the deputy of that Regional Emergency Operations Controller (as the case may be).
(2)  A reference in any Act, any instrument made under an Act or a document of any kind to a District Emergency Operations Controller appointed under section 24 is taken to be a reference to a Regional Emergency Operations Controller.

21   Repeal of sections 26 (2) and 32 (2)

The repeal of sections 26 (2) and 32 (2) by the amending Act does not operate to abolish any positions.
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