Repeal:
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2011 No 27 with effect from 8.7.2011.

An Act to repeal an Act 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 2010.

2   Commencement

(1)  This Act commences on 9 July 2010, except as provided by this section.

(2)  The amendments made by the Schedules to this Act 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 9 July 2010.

3   Repeal of this Act

(1)  A subschedule of Schedule 1 or 2 is repealed on the day following the day on which all of the provisions of the subschedule have commenced (except as provided by subsection (2)).

(2)  If a subschedule of Schedule 1 or 2 commences before the date of assent to this Act, the subschedule is repealed on the day after the date of assent to this Act.

(3)  The repeal by this section 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.

4   Explanatory notes

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

Schedule 1 Minor amendments

1.1–1.28

Schedule 2 Amendments by way of statute law revision

2.1–2.110

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The following provisions of the following Act and instruments are repealed:

Act or instrument	Provisions repealed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The following provisions of the following Acts are repealed:

Act	Provisions repealed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.

Schedule 4 General savings, transitional and other provisions

1   Effect of amendment of amending provisions

(1)  An amendment made by Schedule 1 or 2 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1 or 2 amendment concerned, 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 or instrument that makes a direct amendment to an Act or instrument by:

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or omission of matter contained in the amended Act or instrument without the insertion of any matter instead of the repealed or omitted matter, or

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

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

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

Statute Law (Miscellaneous Provisions) Act 2008

(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 the Act concerned.

(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 any of the other statute law revision Acts listed. 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 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.

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 and 2

Adoption Act 2000 No 75—Schedules 1 and 2

Agricultural Industry Services Act 1998 No 45—Schedule 2

Agricultural Livestock (Disease Control Funding) Act 1998 No 139—Schedule 2

Agricultural Scientific Collections Trust Act 1983 No 148—Schedule 2

Albury Local Environmental Plan 2000—Schedule 2

Animal Diseases (Emergency Outbreaks) Act 1991 No 73—Schedule 2

Animal Diseases (Emergency Outbreaks) Regulation 2008—Schedule 2

Animal Research Act 1985 No 123—Schedule 1

Annual Reports (Departments) Act 1985 No 156—Schedule 1

Annual Reports (Statutory Bodies) Act 1984 No 87—Schedule 1

Apiaries Act 1985 No 16—Schedule 2

Associations Incorporation Act 2009 No 7—Schedule 1

Australian Museum Trust Act 1975 No 95—Schedule 1

Biofuels Act 2007 No 23—Schedule 2

Biological Control Act 1985 No 199—Schedule 2

Camden Local Environmental Plan No 48—Schedule 2

Child Protection (Offenders Prohibition Orders) Act 2004 No 46—Schedule 2

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

Coal Mine Health and Safety Regulation 2006—Schedule 2

Coastal Protection Act 1979 No 13—Schedule 2

Commercial Vessels (Equipment) Regulation 1986—Schedule 2

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

Contaminated Land Management Act 1997 No 140—Schedule 2

Conveyancers Licensing Regulation 2006—Schedule 2

Conveyancing (Sale of Land) Regulation 2005—Schedule 2

Coroners Act 2009 No 41—Schedule 2

Crown Lands Act 1989 No 6—Schedule 2

Crown Lands (Continued Tenures) Act 1989 No 7—Schedule 2

Crown Lands (General Reserves) By-law 2006—Schedule 2

Crown Lands Regulation 2006—Schedule 2

Dairy Industry Act 2000 No 54—Schedule 1

Deer Act 2006 No 113—Schedule 2

Drug Misuse and Trafficking Act 1985 No 226—Schedule 2

Education Act 1990 No 8—Schedule 2

Environmental Planning and Assessment Act 1979 No 203—Schedule 1

Environmental Planning and Assessment Regulation 2000—Schedule 2

Exhibited Animals Protection Act 1986 No 123—Schedule 2

Explosives Regulation 2005—Schedule 2

Farm Water Supplies Act 1946 No 22—Schedule 2

Farrer Memorial Research Scholarship Fund Act 1930 No 38—Schedule 2

Fertilisers Act 1985 No 5—Schedule 2

Fines Act 1996 No 99—Schedule 1

Fines Regulation 2005—Schedule 1

Fisheries Management Act 1994 No 38—Schedules 1 and 2

Fisheries Management (Estuary General Share Management Plan) Regulation 2006—Schedule 2

Fisheries Management (General) Regulation 2002—Schedule 2

Gene Technology (GM Crop Moratorium) Act 2003 No 12—Schedule 2

Geographical Names Act 1966 No 13—Schedule 2

Gloucester Local Environmental Plan 2000—Schedule 2

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

Guardianship Act 1987 No 257—Schedule 1

Hay Irrigation Regulation 2007—Schedule 2

Health Care Complaints Act 1993 No 105—Schedule 2

Health Practitioner Regulation Act 2009 No 86—Schedule 2

Hemp Industry Act 2008 No 58—Schedule 2

Independent Pricing and Regulatory Tribunal Act 1992 No 39—Schedule 2

Judicial Officers Act 1986 No 100—Schedule 2

Lake Illawarra Authority Act 1987 No 285—Schedule 2

Land and Environment Court Act 1979 No 204—Schedule 2

Lane Cove Local Environmental Plan 2009—Schedule 2

Law Enforcement (Powers and Responsibilities) Regulation 2005—Schedule 2

Licensing and Registration (Uniform Procedures) Act 2002 No 28—Schedule 1

Liverpool Local Environmental Plan 2008—Schedule 2

Local Government Act 1993 No 30—Schedule 1

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005—Schedule 2

Marine Parks Act 1997 No 64—Schedule 2

Maritime Services Act 1935 No 47—Schedule 2

McGarvie Smith Institute Incorporation Act 1928 No 28—Schedule 2

Meat Industry (Meat Industry Levy) Regulation 2006—Schedule 2

Mental Health Act 2007 No 8—Schedule 1

Mine Health and Safety Act 2004 No 74—Schedule 2

Mine Health and Safety Regulation 2007—Schedule 2

Mine Safety (Cost Recovery) Act 2005 No 116—Schedule 2

Mine Safety (Cost Recovery) Regulation 2005—Schedule 2

Mine Subsidence Compensation Act 1961 No 22—Schedule 2

Mining Act 1992 No 29—Schedule 2

Mining Amendment Act 2008 No 19—Schedule 2

Mining Regulation 2003—Schedule 2

Motor Vehicles Taxation Act 1988 No 111—Schedule 2

National Parks and Wildlife Regulation 2009—Schedule 2

Non-Indigenous Animals Act 1987 No 166—Schedule 2

Noxious Weeds Act 1993 No 11—Schedule 2

Occupational Health and Safety Regulation 2001—Schedule 2

Ombudsman Act 1974 No 68—Schedule 1

Parliamentary Electorates and Elections Amendment Act 2006 No 68—Schedule 2

Pesticides Act 1999 No 80—Schedule 2

Petroleum (Onshore) Act 1991 No 84—Schedule 2

Petroleum (Onshore) Regulation 2007—Schedule 2

Plant Diseases Act 1924 No 38—Schedule 2

Port Stephens Local Environmental Plan 2000—Schedule 2

Poultry Meat Industry Act 1986 No 101—Schedule 2

Prevention of Cruelty to Animals Act 1979 No 200—Schedule 2

Prevention of Cruelty to Animals (General) Regulation 2006—Schedule 2

Private Health Facilities Regulation 2010—Schedule 2

Property, Stock and Business Agents Regulation 2003—Schedule 2

Protection of the Environment Operations (General) Regulation 2009—Schedule 2

Public Finance and Audit Act 1983 No 152—Schedule 1

Public Reserves Management Fund Act 1987 No 179—Schedule 1

Real Property Act 1900 No 25—Schedules 1 and 2

Retirement Villages Act 1999 No 81—Schedules 1 and 2

Retirement Villages Regulation 2009—Schedule 2

Rice Marketing Act 1983 No 176—Schedule 2

Roads Regulation 2008—Schedule 2

Rural Lands Protection Act 1998 No 143—Schedule 2

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008—Schedule 2

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

State Environmental Planning Policy (Sydney Region Growth Centres) 2006—Schedule 2

State Environmental Planning Policy (Temporary Structures) 2007—Schedule 2

State Environmental Planning Policy (Western Sydney Employment Area) 2009—Schedule 2

Stock (Chemical Residues) Act 1975 No 26—Schedule 2

Stock Diseases Act 1923 No 34—Schedule 2

Stock Foods Act 1940 No 19—Schedule 2

Stock Medicines Act 1989 No 182—Schedule 2

Strata Schemes Management Act 1996 No 138—Schedule 1

Strata Schemes Management Regulation 2005—Schedule 1

Subordinate Legislation Act 1989 No 146—Schedule 1

Surveying and Spatial Information Act 2002 No 83—Schedule 2

Sydney Opera House Trust Act 1961 No 9—Schedule 1

Sydney Water Catchment Management Act 1998 No 171—Schedule 2

Telecommunications (Interception and Access) (New South Wales) Act 1987 No 290—Schedule 2

Threatened Species Conservation Regulation 2002—Schedule 2

Travel Agents Regulation 2006—Schedule 2

Valuation of Land Act 1916 No 2—Schedule 2

Veterinary Practice Regulation 2006—Schedule 2

Victims Support and Rehabilitation Act 1996 No 115—Schedule 2

Warren Local Environmental Plan 2009—Schedule 2

Water Sharing Plan for the Tomago Tomaree Stockton Groundwater Sources 2003—Schedule 2

Waverley Local Environmental Plan (Bondi Junction Centre) 2010—Schedule 2

Western Lands Act 1901 No 70—Schedule 2

Western Lands Regulation 2004—Schedule 2

Wine Grapes Marketing Board (Reconstitution) Act 2003 No 100—Schedule 2

Wollongong Local Environmental Plan 2009—Schedule 2

Workers Compensation Act 1987 No 70—Schedule 1

Index of Acts and instruments wholly or partly repealed by Schedule 3

Courts and Crimes Legislation Further Amendment Act 2008 No 107

Fertilizers (Amendment) Act 1992 No 8

State Environmental Planning Policy (Affordable Rental Housing) 2009

Sydney Regional Environmental Plan No 26—City West

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Statute Law (Miscellaneous Provisions) Act 2010 No 59. Assented to 28.6.2010. Date of commencement, except Schs 1–3, 9.7.2010, sec 2 (1); date of commencement of Schs 1–3, except Schs 1.1 [3], 1.4, 1.20 and 2.42, 9.7.2010, sec 2 (2); date of commencement of Sch 1.1 [3], 1.7.2010, Sch 1.1; date of commencement of Sch 1.4, 30.6.2010, Sch 1.4; date of commencement of Sch 1.20, 30.6.2010, Sch 1.20; date of commencement of Sch 2.42, 15.6.2010, Sch 2.42. This Act has been amended by sec 3 (1) of this Act.

Table of amendments