Marine Pollution Act 2012 No 5
Current version for 14 March 2012 to date (accessed 22 May 2013 at 22:08)
Schedule 2

Schedule 2 Savings, transitional and other provisions

Part 1 Regulations

1   Regulations

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

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 date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, 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 Savings and transitional provisions consequent on enactment of this Act

2   Definition

In this Part:

former Act means the Marine Pollution Act 1987.

3   Former Act continues to apply

Despite the repeal of the former Act, the provisions of the former Act continue to apply, after the commencement of this clause, in relation to any discharge or transfer of oil or a noxious liquid substance, that occurred before the commencement of this clause as if the former Act had not been repealed.

4   Notices relating to pollution

Nothing in this Act affects any notice issued under section 48 of the former Act before the commencement of section 191 of this Act and the provisions of the former Act are to continue to apply in respect of any such notice as if the former Act were still in force.

5   Notices relating to oil transfer restrictions

A permission granted under section 32 of the former Act is taken to have been granted under section 74 of this Act.

6   Inspector

A person appointed as an inspector under the former Act is taken to have been appointed as an inspector under section 226 of this Act.

7   Certificates relating to construction of ships

(1)  A ship construction certificate issued under section 36 of the former Act is taken to be a NSW ship construction certificate issued under section 155 (1) of this Act.
(2)  A chemical tanker construction certificate issued under section 41 of the former Act is taken to be a NSW chemical tanker construction certificate issued under section 155 (2) of this Act.
Top of page