Schedule 3 Repeals

1   Repeal of redundant Act and provisions

The following provisions of the following Act and instruments are repealed:

Act or instrument	Provisions repealed
Fertilizers (Amendment) Act 1992 No 8	Whole Act
State Environmental Planning Policy (Affordable Rental Housing) 2009	Schedule 3.11
Sydney Regional Environmental Plan No 26—City West	Part 4

2   Repeal of provisions that contain only amendments that have commenced or that are redundant

The following provisions of the following Acts are repealed:

Act	Provisions repealed
Courts and Crimes Legislation Further Amendment Act 2008 No 107	Schedules 4, 7 and 24
Building Professionals Amendment Act 2008 No 37	Schedule 1 [5], [7], [11], [17] and [38]

Explanatory note

Clause 1 repeals an Act and provisions of 2 instruments that are redundant.

Clause 2 repeals provisions of Acts that contain only amendments to other Acts or instruments.

In relation to the repeal of amending provisions, it should be noted that the provisions are repealed simply to rationalise the legislation in force and that the repeals have no substantive effect on the amendments made by the provisions, or any associated provisions. The Acts and instruments that were amended by the provisions being repealed are up-to-date on the NSW legislation website maintained by the Parliamentary Counsel’s Office (www.legislation.nsw.gov.au).

Section 30 (2) of the Interpretation Act 1987 ensures that the following matters are not affected when an Act or statutory rule is amended or repealed:

(a)  the proof of any past act or thing,

(b)  any right, privilege, obligation or liability saved by the operation of the Act or statutory rule,

(c)  any amendment or validation made by the Act or statutory rule,

(d)  the operation of any savings or transitional provision contained in the Act or statutory rule.

Section 5 (6) of the Interpretation Act 1987 provides that the provisions of section 30 that apply to a statutory rule also apply to an environmental planning instrument.