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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 85
As laid on the table and read a first time, 2 March 2005
South Australia
Statutes
Amendment (Environment and Conservation Portfolio) Bill 2005
A Bill For
An
Act to amend the Historic Shipwrecks Act 1981, the National
Parks and Wildlife Act 1972, the Native Vegetation Act 1991,
the Natural Resources Management Act 2004, the Pastoral Land
Management and Conservation Act 1989, the Radiation Protection and
Control Act 1982, the Water Resources Act 1997 and the Wilderness
Protection Act 1992.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Historic
Shipwrecks Act 1981
4 Amendment of section 3—Interpretation
5 Insertion of section 4A
4A All shipwrecks and relics of a
certain age historic
6 Amendment of section 12—Register of
Historic Shipwrecks
7 Amendment of section 14—Regulations
may prohibit certain activities in a protected zone
8 Repeal of section 25
Part 3—Amendment of National
Parks and Wildlife Act 1972
9 Amendment of section 12—Delegation
10 Amendment of section 19D—Annual report
11 Amendment of section 19L—Annual report
12 Amendment of section 27—Constitution
of national parks by statute
13 Amendment of section 28—Constitution
of national parks by proclamation
14 Amendment of section 29—Constitution
of conservation parks by statute
15 Amendment of section 30—Constitution
of conservation parks by proclamation
16 Amendment of section 31—Constitution
of game reserves by statute
17 Amendment of section 33—Constitution
of recreation parks by statute
18 Amendment of section 34A—Constitution
of regional reserves by proclamation
19 Amendment of section 45A—Interpretation
and application
20 Amendment of section 45F—Functions of
a Trust
21 Amendment of section 60I—Plan of
management
22 Amendment of section 70A—Failure to
comply with authority
23 Amendment of section 73—Offences
against provisions of proclamations and notices
24 Amendment of section 80—Regulations
Part 4—Amendment of Native
Vegetation Act 1991
25 Amendment of section 29—Provisions
relating to consent
Part 5—Amendment of Natural
Resources Management Act 2004
26 Amendment of section 115—Declaration
of penalty in relation to the unauthorised or unlawful taking or use of water
Part 6—Amendment of Pastoral
Land Management and Conservation Act 1989
27 Amendment of section 9—Pastoral Land
Management Fund
28 Amendment of section 17—Functions of
Board
Part 7—Amendment of Radiation
Protection and Control Act 1982
29 Amendment of long title
30 Amendment of section 5—Interpretation
31 Amendment of section 9—Radiation
Protection Committee
32 Amendment of section 12—Functions of
Radiation Protection Committee
33 Amendment of section 16—Authorised
officers
34 Amendment of section 17—Powers of
authorised officers
35 Amendment of section 22—Annual report
36 Substitution of section 35
35 Minister required to refer certain matters to Committee
37 Amendment of Schedule—Application of
this Act to the Roxby Downs Joint Venturers
Part 8—Amendment of Water
Resources Act 1997
38 Amendment of section 132—Declaration
of penalty in relation to the unauthorised or unlawful taking or use of water
Part 9—Amendment of Wilderness
Protection Act 1992
39 Amendment of section 3—Interpretation
40 Amendment of section 6—Delegation
41 Amendment of section 7—Annual report
42 Amendment of section 8—Wilderness
Advisory Committee
43 Amendment of section 12—Wilderness
code of management
44 Amendment of section 22—Constitution
of wilderness protection areas and wilderness protection zones
45 Amendment of section 24—Alteration of
boundaries of wilderness protection areas and zones
46 Amendment of section 25—Prohibition of
mining operations in wilderness protection areas and zones
47 Amendment of section 31—Plans of
management
48 Amendment of section 33—Prohibited
areas
Schedule 1—Transitional provision
1 Transitional provision relating to
Natural Resources Management Act 2004 and Water Resources Act 1997
Schedule 2—Statute law revision amendment of Historic Shipwrecks
Act 1981
Schedule 3—Statute law revision amendment of National Parks and
Wildlife Act 1972
Schedule 4—Statute law revision amendment of Native Vegetation
Act 1991
Schedule 5—Statute law revision amendment of Pastoral Land
Management and Conservation Act 1989
Schedule 6—Statute law revision amendment of Radiation Protection
and Control Act 1982
Schedule 7—Statute law
revision amendment of Wilderness Protection Act 1992
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Statutes Amendment (Environment
and Conservation Portfolio) Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Historic Shipwrecks Act 1981
4—Amendment of section 3—Interpretation
(1) Section 3(1), definition of historic
relic—before paragraph (a) insert:
(aa) an article to which section 4A(3) or (4)
applies;
(2) Section 3(1), definition of historic
shipwreck—before paragraph (a) insert:
(aa) the remains of a ship to which section 4A(1)
or (2) applies;
Part 2—before section 5 insert:
4A—All shipwrecks and relics of a certain age historic
(1) The
remains of ships that have been situated in territorial waters of the State for
75 years or more are historic shipwrecks for the purposes of this Act.
(2) The
remains of ships that have been removed from territorial waters of the State
(whether before or after the commencement of this subsection) are, after the
75th anniversary of the date on which the remains first came to rest on the
seabed, historic shipwrecks for the purposes of this Act.
(3) Articles
that have been situated in territorial waters of the State for 75 years or more
and that were associated with ships are historic relics for the purposes of
this Act.
(4) Articles
that have been removed from territorial waters of the State (whether before or
after the commencement of this subsection) and that were associated with ships
are, after the 75th anniversary of the date on which the articles first came to
rest on the seabed, historic relics for the purposes of this Act.
(5) The Governor may, by proclamation, declare
that this section does not apply to—
(a) the remains, or part of the remains, of a ship or class of
ships; or
(b) an article or class of articles.
6—Amendment of section 12—Register of Historic Shipwrecks
Section 12(2)—delete subsection (2) and
substitute:
(2) The Minister must cause to be entered in
the Register—
(a) particulars of all known remains and articles that are
historic shipwrecks or historic relics by virtue of section 4A; and
(b) particulars of notices in force under section 5, 6 or 7.
7—Amendment of section 14—Regulations may prohibit certain activities in a protected zone
(1) Section 14(1) and (2)—delete subsections
(1) and (2) and substitute:
(1) The regulations may prohibit or restrict—
(a) the
bringing into a protected zone of equipment constructed or adapted for the
purpose of diving, salvage or recovery operations, or of explosives,
instruments or tools the use of which would be likely to damage or interfere
with a historic shipwreck or a historic relic situated within that protected
zone; or
(b) the use within a protected zone of such equipment,
explosives, instruments or tools; or
(c) causing a ship carrying such equipment, explosives,
instruments or tools to enter, or remain within, a protected zone; or
(d) trawling, or diving or other underwater activity, within a
protected zone; or
(e) the mooring or use of ships within a protected zone.
(2) Regulations
made for the purposes of this section for restricting the doing of an act may
prohibit the doing of that act except in accordance with a permit.
(2) Section 14(3)—delete "subsection (1)(a)" and substitute:
subsection (1)
(3) Section 14—after subsection (3) insert:
(3a) A person who
contravenes or fails to comply with a regulation under subsection (1) is guilty
of an offence.
Maximum penalty: $1 250 or imprisonment for 1 year, or both.
Section 25—delete the section
Part 3—Amendment of National Parks and Wildlife
Act 1972
9—Amendment of section 12—Delegation
Section 12(3)—delete subsection (3) and
substitute:
(3) The
Director may delegate to the Council, an advisory committee or any other person
any of the Director's powers under this Act, including, with the consent of the
person who has delegated the power, a power delegated to the Director under
this section.
10—Amendment of section 19D—Annual report
Section 19D(2)—delete
"six" and substitute:
12
11—Amendment of section 19L—Annual report
Section 19L(2)—delete
"six" and substitute:
12
12—Amendment of section 27—Constitution of national parks by statute
Section 27(4)—delete "or to be
included in" and substitute:
or ceases to be included in
13—Amendment of section 28—Constitution of national parks by proclamation
Section 28(3)—delete "or to be
included in" and substitute:
or ceases to be included in
14—Amendment of section 29—Constitution of conservation parks by statute
Section 29(4)—delete "or to be
included in" and substitute:
or ceases to be included in
15—Amendment of section 30—Constitution of conservation parks by proclamation
Section 30(3)—delete "or to be
included in" and substitute:
or ceases to be included in
16—Amendment of section 31—Constitution of game reserves by statute
Section 31(4)—delete "or to be
included in" and substitute:
or ceases to be included in
17—Amendment of section 33—Constitution of recreation parks by statute
Section 33(4)—delete "or to be
included in" and substitute:
or ceases to be included in
18—Amendment of section 34A—Constitution of regional reserves by proclamation
Section 34A(3)—delete
"or to be included in" and substitute:
or ceases to be included in
19—Amendment of section 45A—Interpretation and application
(1) Section
45A(1), definition of Bookmark Biosphere Trust—delete
the definition
(2) Section
45A(1), definition of Man and the Biosphere
Program—delete the definition
20—Amendment of section 45F—Functions of a Trust
Section 45F(1a)—delete subsection (1a)
21—Amendment of section 60I—Plan of management
Section 60I(7)—delete
subsection (7) and substitute:
(7) Notice
that a plan of management has been adopted by the Minister must be published in
the Gazette and a newspaper circulating generally throughout the State.
(7a) A notice under subsection (7) must state the place or
places at which copies of the plan may be inspected or purchased.
22—Amendment of section 70A—Failure to comply with authority
Section 70A(1)—delete
subsection (1) and substitute:
(1) If the holder of an authority, or a person
acting in the employment or with the authority of the holder of an authority,
contravenes or fails to comply with a limitation, restriction, condition or
provision of the authority, the holder of the authority is guilty of an
offence.
Maximum penalty: $2 500.
Expiation fee: $210.
23—Amendment of section 73—Offences against provisions of proclamations and notices
Section 73(2)—delete subsection (2)
24—Amendment of section 80—Regulations
(1) Section 80(2)(a)—after
"expedient for the" insert:
administration or
(2) Section 80(2)—after paragraph (w) insert:
(wa) regulate the taking, keeping or selling of—
(i) protected animals
or other animals indigenous to Australia; or
(ii) the eggs or carcasses of protected animals or other animals
indigenous to Australia,
(including pursuant to permits granted by
the Minister under this Act); and
Part 4—Amendment of Native Vegetation Act 1991
25—Amendment of section 29—Provisions relating to consent
(1) Section 29(11)—delete "The
Council" and substitute:
Subject to subsection (12), the Council
(2) Section 29—after subsection (11) insert:
(12) A consent to clearance of native vegetation
under this section may be unconditional if, and only if, the Council is
satisfied that—
(a) the clearance would not result in any loss of biodiversity;
and
(b) the attachment of a condition to the consent under
subsection (11) would place an unreasonable burden on the applicant.
Part 5—Amendment of Natural Resources Management
Act 2004
(1) Section 115(3)—delete "A notice"
and substitute:
Subject to subsection (3a), a notice
(2) Section 115—after subsection (3) insert:
(3a) If
the Minister has not declared a penalty or penalties under paragraph (a) of
subsection (1) by the end of the first half of a particular accounting period
(the new accounting period), it will be taken that the last
penalty or penalties declared by the Minister under that paragraph also apply
to the taking of water in the consumption period that corresponds to the new
accounting period.
(3) Section 115—after subsection (5) insert:
(6) In this section—
accounting period and consumption period have
the same respective meanings as in Division 2.
Part 6—Amendment of Pastoral Land Management and
Conservation Act 1989
27—Amendment of section 9—Pastoral Land Management Fund
Section 9(2)(a)—delete
paragraph (a) and substitute:
(a) if
the amount received in a particular year by way of rent paid under pastoral
leases exceeds the administrative costs attributable to administering those
leases for that year—a prescribed percentage (being not less than 5 per cent or
more than 15 per cent) of the excess; and
28—Amendment of section 17—Functions of Board
Section 17(2)(c)—after
"this Act" insert:
or another Act
Part 7—Amendment of Radiation Protection and Control
Act 1982
Long title—delete "protection"
and substitute:
protecting the environment and the health and safety
of people
30—Amendment of section 5—Interpretation
(1) Section
5, definition of the Commission—delete the definition
(2) Section 5, definition of the
Department—delete the definition and substitute:
Department means the administrative unit of the Public Service charged with
the administration of this Act;
(3) Section
5, definition of mines inspector—delete the definition
31—Amendment of section 9—Radiation Protection Committee
Section 9(2)(a)—delete
paragraph (a) and substitute:
(a) one (the presiding member) must be an officer or employee of
the Department; and
32—Amendment of section 12—Functions of Radiation Protection Committee
Section 12(d)—delete "or the Commission"
33—Amendment of section 16—Authorised officers
Section 16(2)—delete subsection (2)
34—Amendment of section 17—Powers of authorised officers
Section 17(4)—delete subsection (4)
35—Amendment of section 22—Annual report
(1) Section 22(1)—delete "Commission
shall" and substitute:
Department must
(2) Section 22(2)—delete subsection (2) and
substitute:
(2) The
Minister must cause a copy of the report of the Department to be laid before
each House of Parliament as soon as practicable after the Minister receives the
report.
Section 35—delete the section and
substitute:
35—Minister
required to refer certain matters to Committee
The Minister must, before determining an application for a licence
(not being a temporary licence), refer the application to the Committee for its
advice and give due consideration to the advice of the Committee.
37—Amendment of Schedule—Application of this Act to the Roxby Downs Joint Venturers
(1) Schedule,
clause 3—delete ", the Commission"
(2) Schedule, clause 4—delete
"Commission must, for the purposes of preparing its response to such an
application," and substitute:
Minister must also
(3) Schedule,
clause 7—delete ", the Commission"
Part 8—Amendment of Water Resources Act 1997
(1) Section 132(2a)—delete "A notice"
and substitute:
Subject to subsection (2ab), a notice
(2) Section 132(2a)(b)—delete
paragraph (b) and substitute:
(b) must be published in the Gazette in the first half of the
accounting period.
(3) Section 132—after subsection (2a) insert:
(2ab) If
the Minister has not declared a penalty or penalties under paragraph (a) of
subsection (1) by the end of the first half of a particular accounting period
(the new accounting period), it will be taken that the last
penalty or penalties declared by the Minister under that paragraph also apply
to the taking of water in the consumption period that corresponds to the new
accounting period.
Part 9—Amendment of Wilderness Protection Act 1992
39—Amendment of section 3—Interpretation
(1) Section 3(1), definition of the
Department—delete the definition and substitute:
Department means the administrative unit of the Public Service charged with
the administration of this Act;
(2) Section
3(1), definition of the Natural Resources Management Standing Committee—delete
the definition
40—Amendment of section 6—Delegation
Section 6(3)—delete subsection (3) and
substitute:
(3) The
Director may delegate to any person any of the Director's powers under this
Act, including, with the consent of the person who has delegated the power, a
power delegated to the Director under this section.
41—Amendment of section 7—Annual report
(1) Section 7(1)(h)—delete
"by the Department of Mines and Energy in administering those mining tenements"
and substitute:
in administering those mining tenements by an administrative
unit of the Public Service
(2) Section 7(3)(b)—delete
paragraph (b) and substitute:
(b) provide a copy of the report to the Minister responsible for
the administration of the Mining Act 1971; and
42—Amendment of section 8—Wilderness Advisory Committee
Section 8(2)(a)—delete
paragraph (a) and substitute:
(a) one of whom has qualifications or
experience in a field of science that is relevant to the conservation of
ecosystems and to the relationship of wildlife with its environment;
43—Amendment of section 12—Wilderness code of management
(1) Section 12(3)—delete subsection (3) and
substitute:
(3) On receipt of the draft code of management,
the Minister must give public notice specifying—
(a) an address at which copies of the draft code may be
inspected or purchased; and
(b) an address to which submissions in connection with the draft
code may be forwarded.
(2) Section
12(5)—delete "and the Natural Resources Management Standing
Committee"
Section 22(6)(d)—delete "the Natural
Resources Management Standing Committee,"
45—Amendment of section 24—Alteration of boundaries of wilderness protection areas and zones
Section 24(3)—delete subsection (3)
46—Amendment of section 25—Prohibition of mining operations in wilderness protection areas and zones
Section 25(7)(a)—delete
"the Minister of Mines and Energy" and substitute:
the Minister responsible for the administration of the Mining
Act 1971
47—Amendment of section 31—Plans of management
(1) Section 31(3)—delete subsection (3) and
substitute:
(3) If
the plan of management will relate to a wilderness protection zone, the
Minister must give a copy of the notice to the Minister responsible for the
administration of the Mining Act 1971.
(2) Section
31(8)—delete subsection (8)
48—Amendment of section 33—Prohibited areas
Section 33(6)—delete "the Minister of
Mines and Energy" and substitute:
the Minister responsible for the administration of the Mining
Act 1971
Schedule 1—Transitional provision
1—Transitional provision relating to Natural Resources Management Act 2004 and Water Resources Act 1997
The penalties declared by the relevant Minister under section
132(1)(a) of the Water Resources Act 1997 with respect to the
taking of water in the consumption period that corresponds to the 2003/2004
financial year accounting period (as defined for the purposes of that section)
will continue to apply for the purposes of the Water Resources Act 1997
or the Natural Resources Management Act 2004 (as the case requires)
in respect of succeeding consumption periods until a new penalty is declared by
the relevant Minister (either under section 132(1)(a) of the Water Resources
Act 1997 or section 115(1)(a) of the Natural Resources Management
Act 2004 (as the case requires)).
Schedule 2—Statute law revision amendment of Historic
Shipwrecks Act 1981
Provision amended |
How amended |
Generally |
Delete "Where" wherever occurring and substitute in
each case: If |
Section 3(1) definition of inspector |
Delete "member of the police force" and substitute: police officer |
Section 3(1) definition of protected zone |
Delete "and by virtue of" |
Section 3(3) |
Delete "shall" and substitute: will |
Section 3(4) |
Delete "shall" and substitute: will |
Section 5 |
Delete the section and substitute: 5—Certain shipwrecks and relics may be
declared to be historic (1) If
the Minister is of the opinion that— (a) the
remains of a ship situated in territorial waters of the State; or (b) any
part of the remains of a ship removed from territorial waters of the State, are of historic significance, the Minister may, by notice in
the Gazette, declare the remains to be a historic shipwreck. (2) If
the Minister is of the opinion that an article, particular articles or all
articles associated with a ship and situated in, or removed from, territorial
waters of the State are of historic significance, the Minister may, by notice
in the Gazette, declare the article or articles to be a historic relic or
historic relics. (3) Subject
to this Act, a declaration under this Act continues to apply to remains or an
article despite the removal of the remains or article from the territorial
waters of the State after the making of the declaration. |
Section 6(1) |
Delete "that is or are situated in" and substitute: situated in, or removed from, |
Section 6(1) |
Delete "he" and substitute: the Minister |
Section 6(1) |
Delete "published" |
Section 6(2) |
Delete "a particular article that is, or particular
articles that are, situated in" and substitute: an article, or particular articles, situated in or removed from |
Section 6(2) |
Delete "he" and substitute: the Minister |
Section 6(2) |
Delete "published" |
Section 6(3) and (4) |
Delete subsections (3) and (4) and substitute: (3) Subject
to this Act, a declaration under this Act continues to apply to remains or an
article despite the removal of the remains or article from the territorial
waters of the State after the making of the declaration. |
Section 7(1) |
Delete "published" |
Section 7(1) |
Delete "is, or a historic relic is or historic relics
are" and substitute: or historic relic is |
Section 7(2) |
Delete "shall" and substitute: will |
Section 8 |
Delete "such" |
Section 8 |
Delete "he" and substitute: the Minister |
Section 9(1) |
Delete "shall" and substitute: must |
Section 9(1), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $1 250. |
Section 9(2) |
Delete "shall" and substitute: must |
Section 9(2) |
After "his" insert: or her |
Section 9(2), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $1 250. |
Section 9(3) |
Delete "prosecution of a person for" and substitute: charge of |
Section 9(3) |
After "he" insert: or she |
Section 10(2) |
Delete "shall" and substitute: must |
Section 10(2), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $1 250. |
Section 10(3) |
Delete "in pursuance of" and substitute: under |
Section 11(1) |
Delete "such action in relation to the article as is
specified in the notice" and substitute: specified action in relation to the article |
Section 11(3) |
Delete "he shall in the notice inform the person" and
substitute: the notice must include a statement |
Section 11(4) |
Delete "shall" and substitute: must |
Section 11(4), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $2 500 or imprisonment for 2 years, or both. |
Section 11(5) |
Delete "any action taken by him in pursuance of a notice
given to him" and substitute: action taken in accordance with a notice given to the person |
Section 11(8) |
Delete "him" wherever occurring and substitute in each
case: the person |
Section 12(1) |
Delete "shall" and substitute: must |
Section 12(3) |
Delete ", or any part of, the Register" and
substitute: the Register or a part of the Register |
Section 13(1) |
Delete "shall" and substitute: must |
Section 13(1) |
After the present contents of subsection (1) insert: Maximum penalty: $5 000 or imprisonment for 5 years, or both. |
Section 13(3) |
Delete subsection (3) |
Section 15(1) |
Delete "in his discretion, upon" and substitute: in the Minister's discretion, on |
Section 15(1) |
Delete "any" |
Section 15(3)(c) |
Delete "any" |
Section 15(3)(c) |
Delete "such custody or dealt with in such manner as is
specified in the permit or as is specified" and substitute: custody, or dealt with, as specified in the permit or" |
Section 15(3b) |
Delete "his or her" and substitute: a |
Section 15(5) |
Delete "shall" and substitute: must |
Section 15(5) |
Delete "him" wherever occurring and substitute in each
case: the person |
Section 15(5), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $2 500 or imprisonment for 2 years, or both. |
Section 16 |
Delete "prosecution of a person for" and substitute: charge of |
Section 17(1) |
Delete "shall" and substitute: must |
Section 17(1), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $1 250. |
Section 17(2) |
Delete "prosecution of a person for" and substitute: charge of |
Section 17(2) |
After "he" insert: or she |
Section 17(3) |
Delete "shall" and substitute: must |
Section 17(3) |
Delete "his" and substitute: the person's |
Section 17(3), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $1 250. |
Section 18(2) |
Delete "shall be made out of moneys" and substitute: must be made out of money |
Section 20(1) |
Delete "he" and substitute: the Minister |
Section 20(1) |
Delete "published" |
Section 20(2) |
Delete "Upon" and substitute: On |
Section 20(4) |
Delete "his" and substitute: the |
Section 20(5) |
Delete "Upon" and substitute: On |
Section 21(1) |
Delete ", by writing signed by him," |
Section 21(2) |
Delete "shall" and substitute: must |
Section 21(2) |
Delete "in accordance with the prescribed form" |
Section 21(3) |
Delete "shall forthwith return his" and substitute: must immediately return his or her |
Section 21(3), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $125. |
Section 22(1) |
After "him" insert: or her |
Section 22(1)(c) |
Delete "any cargo" and substitute: cargo |
Section 22(1)(c) |
Delete "any ship" and substitute: a ship |
Section 22(1)(c) |
Delete "any such" and substitute: such |
Section 22(1)(d) |
Delete "any" wherever occurring and substitute in each
case: a |
Section 22(1)(d) |
Delete "his" and substitute: the person's |
Section 22(2) |
After "him" insert: or her |
Section 22(4) |
Delete "shall" and substitute: must |
Section 22(5) |
Delete "shall" and substitute: must |
Section 22(5)(a) |
Delete "made of him by" and substitute: of |
Section 22(5)(b) |
Delete "he" and substitute: the person |
Section 22(5), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $1 250. |
Section 22(6) |
Delete "he" and substitute: the person |
Section 22(6) |
After "him" insert: or her |
Section 22(7) |
Delete "and is punishable, on conviction, by a fine not
exceeding two thousand dollars, or imprisonment for a period not exceeding
two years, or both" |
Section 22(7) |
After the present contents of subsection (7) insert: Maximum penalty: $2 500 or imprisonment for 2 years, or both. |
Section 23(2) |
Delete "member of the police force" wherever occurring
and substitute in each case: police officer |
Section 23(2) |
Delete "shall" and substitute: must |
Section 23(2)(b) |
After "his" insert: or her |
Section 23(3) |
Delete "shall forthwith" and substitute: must immediately |
Section 23(3) |
Delete "him" and substitute: the person |
Section 24(1) |
Delete "he" and substitute: the inspector |
Section 26(2) |
Delete "shall" and substitute: will |
Section 27 |
Delete the section and substitute: 27—Delegation (1) The
Minister may delegate to a body or person (including a person for the time
being holding or acting in a specified office or position) a function or
power of the Minister under this Act. (2) A
delegation under this section— (a) must
be by instrument in writing; and (b) may
be absolute or conditional; and (c) does
not derogate from the power of the Minister to act in a matter; and (d) is revocable at will. (3) A
function or power delegated under this section may, if the instrument of
delegation so provides, be further delegated. |
Section 28(3) |
Delete "in pursuance of" and substitute: under |
Schedule 3—Statute law revision amendment of National
Parks and Wildlife Act 1972
Provision amended |
How amended |
Section 5, definition of mining Act |
After "the Mining Act 1971," insert: |
Section 5, definition of mining Act |
Delete "Petroleum Act 1940" and substitute: Petroleum Act 2000 |
Section 5, definition of mining production tenement,
(b) |
Delete paragraph (b) and substitute: (b) a
production licence or a pipeline licence granted under the Petroleum
Act 2000; |
Section 20(5) |
Delete "member of the police force" and substitute: police officer |
Section 20(6)) |
Delete "member of the police force" and substitute: police officer |
Section 20(6) |
Delete "member's" and substitute: officer's |
Section 69(2c)(a) |
Delete "relevant authority" and substitute: Minister |
Section 69(2c)(b) |
Delete "relevant authority" and substitute: Minister |
Schedule 4—Statute law revision amendment of Native
Vegetation Act 1991
Provision amended |
How amended |
Section 33I(14) |
Delete "notwithstanding" and substitute: despite |
Schedule 5—Statute law revision amendment of Pastoral
Land Management and Conservation Act 1989
Provision amended |
How amended |
Section 3, definition of authorised officer, (a) |
Delete "member of the police force" and substitute: police officer |
Section 22(1)(a)(v)(D) |
Delete "Petroleum Act 1940" and substitute: Petroleum Act 2000 |
Section 62 |
Delete "Petroleum Act 1940" and substitute: Petroleum Act 2000 |
Schedule 6—Statute law revision amendment of Radiation
Protection and Control Act 1982
Provision amended |
How amended |
Section 6(2) |
Delete "shall be" and substitute: are |
Section 6(2) |
Delete "shall" second occurring and substitute: do |
Section 6(3) |
Delete "shall" and substitute: do |
Section 9(1) |
Delete subsection (1) and substitute: (1) The
Radiation Protection Committee is established. |
Section 9(2) |
Delete "shall consist" and substitute: consists |
Section 9(2)(b) |
Delete "shall" and substitute: must |
Section 9(2)(c) |
Delete "shall" and substitute: must |
Section 9(2)(d) |
Delete "shall" and substitute: must |
Section 9(2)(e) |
Delete "shall" and substitute: must |
Section 9(2)(f) |
Delete "shall" and substitute: must |
Section 9(2)(g) |
Delete "shall" and substitute: must |
Section 9(2)(h) |
Delete "shall" and substitute: must |
Section 9(2)(i) |
Delete "shall" and substitute: must |
Section 9(2)(j) |
Delete "shall" and substitute: must |
Section 10(1) |
Delete subsection (1) and substitute: (1) A
member of the Committee will be appointed on conditions determined by the
Governor for a term, not exceeding 3 years, specified in the instrument of
appointment and, at the expiration of a term of appointment, is eligible for
reappointment. |
Section 10(2) |
Delete "shall be deemed" and substitute: will be taken |
Section 10(2) |
Delete "he" and substitute: the person |
Section 10(3) |
Delete "his" wherever occurring and substitute in each
case: the member's |
Section 10(4) |
Delete subsection (4) and substitute: (4) The
office of a member of the Committee becomes vacant if the member— (a) dies;
or (b) completes
a term of office and is not reappointed; or (c) resigns
by written notice addressed to the Minister; or (d) is removed from office pursuant to subsection (3). |
Section 10(5) |
Delete subsection (5) and substitute: (5) On
the office of a member of the Committee becoming vacant, a person will be
appointed in accordance with this Act to the vacant office, but if the office
of a member becomes vacant before the expiration of a term of appointment,
the successor will be appointed only for the balance of the term. |
Section 11(1) |
Delete "shall" first occurring |
Section 11(1) |
Delete "shall" second occurring and substitute: may |
Section 11(2) |
Delete subsection (2) and substitute: (2) The
presiding member or, in his or her absence, the presiding member's deputy,
will preside at a meeting of the Committee or, in the absence of both the
presiding member and the presiding member's deputy, the members present will
decide who is to preside at the meeting. |
Section 11(3) |
Delete "shall be" and substitute: is |
Section 11(4) |
Delete "shall be" and substitute: is |
Section 11(4) |
Delete "shall, in the event of an equality of votes,
have" and substitute: has, in the event of an equality of votes, |
Section 11(5) |
Delete "shall" and substitute: must |
Section 11(6) |
Delete subsection (6) and substitute: (6) Subject
to this Act, the Committee may conduct its business in a manner determined by
the Committee. |
Section 14(1) |
Delete "There shall be the following subcommittees of the
Committee" and substitute: The following sub-committees of the Committee are established |
Section 14(1) |
Delete "shall consist" wherever occurring and
substitute in each case: consists |
Section 14(1) |
Delete "chairman of the Committee or his nominee"
wherever occurring and substitute in each case: presiding member of the Committee or the presiding member's
nominee |
Section 14(3) |
Delete "shall consist" and substitute: consists |
Section 14(3)(a) |
Delete "chairman of the Committee or his nominee" and
substitute: presiding member of the Committee or the presiding member's
nominee |
Section 14(4) |
Delete "shall" and substitute: must |
Section 14(5) |
Delete "shall be determined by the chairman" and
substitute: will be determined by the presiding member |
Section 15(1) |
Delete "any" and substitute: a |
Section 15(1) |
After "he" insert: or she |
Section 15(1) |
Delete "shall" wherever occurring and substitute in
each case: must |
Section 15(1) |
Delete "his" and substitute: the |
Section 15(2) |
Delete "he is a member shall not" and substitute: he or she is a member must not |
Section 16(3) |
Delete "shall" and substitute: must |
Section 16(3) |
Delete "in the prescribed form" |
Section 16(4) |
Delete "shall, upon" and substitute: must, on |
Section 16(4) |
Delete "he" and substitute: the officer |
Section 16(4) |
Delete "any of his" |
Section 16(4) |
Delete "his" second occurring and substitute: the officer's |
Section 17(1)(b) |
Delete "where" and substitute: if |
Section 17(1)(c)(ii) |
Delete "any" and substitute: a |
Section 17(1)(c)(ii) |
Delete "him" and substitute: the person |
Section 17(1)(c)(iii) |
Delete "any" and substitute: a |
Section 17(1)(c)(iii) |
Delete "his" and substitute: the person's |
Section 17(1)(c)(iv) |
Delete "any" |
Section 17(1)(d) |
Delete "where he" and substitute: if the officer |
Section 17(1)(f) |
Delete "his" and substitute: the officer's |
Section 17(2) |
Delete "shall" and substitute: must |
Section 17(5) |
Delete "his" |
Section 17(5) |
Delete "he" and substitute: the officer |
Section 17(6) |
Delete "shall" and substitute: must |
Section 17(6) |
Delete "his" |
Section 17(6) |
After the present contents of subsection (6) as amended by this
Schedule insert: Maximum penalty: $10 000. |
Section 17(7) |
Delete "shall" and substitute: must |
Section 17(7) |
Delete "his" and substitute: the person's |
Section 17(7) |
After the present contents of subsection (7) as amended by this
Schedule insert: Maximum penalty: $10 000. |
Section 17(8) |
Delete "him" and substitute: the person |
Section 17(9) |
Delete "any" and substitute: a |
Section 17(9) |
Delete "shall" and substitute: must |
Section 17(9) |
After the present contents of subsection (9) as amended by this
Schedule insert: Maximum penalty: $10 000. |
Section 17(10) |
Delete "Where" and substitute: If |
Section 17(10) |
Delete "shall" |
Section 17(10)(a) |
Delete "any" wherever occurring and substitute in each
case: a |
Section 17(10)(a) |
Delete "shall be" and substitute: is |
Section 17(10)(c) |
Delete "where" and substitute: if |
Section 17(10)(c) |
Delete "shall" wherever occurring and substitute in
each case: will |
Section 17(10)(c) |
Delete "General Revenue of the State" and substitute: Consolidated Account |
Section 18 |
Delete "shall" and substitute: must |
Section 18(a) |
Delete "any" first occurring and substitute: a |
Section 18(a) |
Delete "any" second occurring and substitute: an |
Section 18(b) |
Delete "any such" and substitute: a |
Section 18(b) |
Delete "any" second occurring and substitute: a |
Section 19 |
Delete "any" wherever occurring |
Section 19 |
After its present contents as amended by this Schedule insert: Maximum penalty: $10 000. |
Section 20 |
Delete "shall" and substitute: must |
Section 20 |
After "he" insert: or she |
Section 20 |
After its present contents as amended by this Schedule insert: Maximum penalty: $10 000. |
Section 21(1) |
Delete "shall attach" and substitute: attaches |
Section 21(1) |
Delete "any act or omission by him, or a body of which
he" and substitute: an act or omission by him or her, or a body of which he or she |
Section 21(1) |
Delete "his or its" |
Section 21(2) |
Delete "shall lie" and substitute: lies |
Section 23(1) |
Delete "shall" wherever occurring and substitute in
each case: must |
Section 23(1) |
Delete "his or its" |
Section 23(1) |
Delete "any" second occurring and substitute: an |
Section 24(1) |
Delete "shall" and substitute: must |
Section 24(1) |
After the present contents of subsection (1) as amended by this
Schedule insert: Maximum penalty: $50 000 or imprisonment for 5 years, or both. |
Section 24(3) |
Delete "upon" and substitute: on |
Section 24(4) |
Delete "shall" and substitute: must |
Section 24(4c) |
Delete "any" and substitute: an |
Section 24(6) |
Delete subsection (6) |
Section 26 |
Delete "Notwithstanding any" and substitute: Despite the |
Section 26 |
Delete "shall be fixed by any" and substitute: may be fixed by a |
Section 26 |
After "recommendations" insert: applied, |
Section 26 |
Delete "Environment Protection (Nuclear Codes) Act 1978"
and substitute: |
Section 27(1) |
Delete "No person shall carry on any" and substitute: A person must not carry on an |
Section 27(1) |
After the present contents of subsection (1) as amended by this
Schedule insert: Maximum penalty: $50 000 or imprisonment for 5 years, or both. |
Section 27(2) |
Delete subsection (2) |
Section 27(3) |
Delete "shall" and substitute: will |
Section 27(4) |
Delete "shall" and substitute: must |
Section 28(1) |
Delete "shall" and substitute: must |
Section 28(1) |
After the present contents of subsection (1) as amended by this
Schedule insert: Maximum penalty: $10 000. |
Section 28(3) |
Delete "upon" and substitute: on |
Section 28(4) |
Delete "shall" and substitute: must |
Section 28(5) |
Delete "Where" and substitute: If |
Section 28(5)(a) |
Delete "shall" and substitute: will |
Section 28(5)(b) |
Delete "shall" and substitute: must |
Section 29(2) |
Delete "Where" and substitute: If |
Section 29(2) |
Delete "shall be" and substitute: is |
Section 29(2) |
After the present contents of subsection (2) as amended by this
Schedule insert: Maximum penalty: $10 000. |
Section 29(4) |
Delete "upon" and substitute: on |
Section 29(5) |
Delete "shall" and substitute: must |
Section 30(2) |
Delete "Where" and substitute: If |
Section 30(2) |
Delete "shall be" and substitute: is |
Section 30(2) |
After the present contents of subsection (2) as amended by this
Schedule insert: Maximum penalty: $10 000. |
Section 30(4) |
Delete "upon" and substitute: on |
Section 30(5) |
Delete "shall" and substitute: must |
Section 30(6) |
Delete "Where" and substitute: If |
Section 31(1) |
Delete "No person (being a natural person) shall" and
substitute: A natural person must not |
Section 31(1) |
Delete "any" wherever occurring |
Section 31(1) |
Delete "he" and substitute: the person |
Section 31(1) |
After the present contents of subsection (1) as amended by this
Schedule insert: Maximum penalty: $10 000. |
Section 31(3) |
Delete "upon" and substitute: on |
Section 31(4) |
Delete "shall" and substitute: must |
Section 31(5) |
Delete "Where" and substitute: If |
Section 31(5)(a) |
Delete "shall" and substitute: will |
Section 31(5)(b) |
Delete "shall" and substitute: must |
Section 32(2) |
Delete "Where any" and substitute: If |
Section 32(2) |
Delete "shall be" and substitute: is |
Section 32(2) |
After the present contents of subsection (2) as amended by this
Schedule insert: Maximum penalty: $10 000. |
Section 32(4) |
Delete "upon" and substitute: on |
Section 32(5) |
Delete "shall" and substitute: must |
Section 32(6) |
Delete "Where" and substitute: If |
Section 33 |
Delete "Where" and substitute: If |
Section 33 |
Delete "any" |
Section 33 |
Delete "shall be" and substitute: is |
Section 33 |
After its present contents as amended by this Schedule insert: Maximum penalty: $10 000. |
Section 36(4) |
Delete "shall" and substitute: must |
Section 36(4) |
After the present contents of subsection (4) as amended by this
Schedule insert: Maximum penalty: $50 000 or imprisonment for 5 years, or both. |
Section 36(5) |
Delete subsection (5) |
Section 37(1) |
Delete "shall" and substitute: will |
Section 37(2) |
Delete "shall, subject to this Act, upon" and
substitute: must, subject to this Act, on |
Section 37(3) |
Delete "shall" and substitute: will |
Section 38 |
Delete "shall" wherever occurring and substitute in
each case: must |
Section 38(1) |
Delete "in such form and containing such information as may
be prescribed" and substitute: in a form, and containing the information, required by the
regulations |
Section 40 |
Delete "Where" wherever occurring and substitute in
each case: If |
Section 40(2)(d) |
Delete "upon" and substitute: on |
Section 40(2a) |
Delete "shall" and substitute: must |
Section 40(2b) |
Delete "shall" and substitute: must |
Section 40(3)(a) |
Delete "shall, from the time of surrender, cease" and
substitute: ceases, from the time of surrender, |
Section 40(3)(ab) |
Delete "shall, from the time at which the order for
cancellation takes effect, cease" and substitute: ceases, from the time at which the order for cancellation takes
effect, |
Section 40(3)(b) |
Delete "shall be" and substitute: is |
Section 40(4) |
Delete "shall remain" and substitute: remains |
Section 40(4d) |
Delete "shall" and substitute: must |
Section 40(4d) |
After the present contents of subsection (4d) as amended by this
Schedule insert: Maximum penalty: $10 000. |
Section 40(5) |
Delete "shall" and substitute: must |
Section 41(1) |
Delete "Any" and substitute: A |
Section 41(3) |
Delete "shall" and substitute: must |
Section 41(4) |
After "he" insert: or she |
Section 41(4) |
Delete "shall run" and substitute: runs |
Section 41(5)(b) |
Delete "any" and substitute: a |
Section 41(5)(c) |
Delete paragraph (c) and substitute: (c) make further or other orders as to costs or other matters. |
Section 42(1) |
Delete "Where" and substitute: If |
Section 42(1) |
Delete "any person" wherever occurring and substitute
in each case: a person |
Section 42(1)(a) |
Delete "any" second occurring |
Section 42(2) |
Delete "member of the police force" and substitute: police officer |
Section 42(3) |
Delete "he" and substitute: the officer |
Section 42(4) |
Delete "Any directions" and substitute: Directions |
Section 42(4)(a) |
Delete "published" |
Section 42(4)(b) |
Delete "upon" and substitute: on |
Section 42(4)(c) |
Delete "any" |
Section 42(5) |
Delete "Where" and substitute: If |
Section 42(5)(a) |
Delete "any" wherever occurring and substitute in each
case: a |
Section 42(5) |
Delete "shall be guilty of a minor indictable offence"
and substitute: is guilty of an offence |
Section 42(5) |
After the present contents of subsection (5) as amended by this
Schedule insert: Maximum penalty: $50 000 or imprisonment for 5 years, or both. |
Section 42(6)(a) |
Delete "any" wherever occurring |
Section 42(6)(b) |
Delete "any" and substitute: a |
Section 42(6) |
Delete "any penalty" and substitute: a penalty |
Section 42(6) |
Delete "any court" and substitute: a court |
Section 43(4)(a) |
Delete paragraph (a) and substitute: (a) refer
to or incorporate, wholly or partially and with or without modification, a
specified code or standard as in force at a particular time or as in force
from time to time; and |
Section 43 |
After subsection (4) insert: (5) If
a code or standard is referred to or incorporated in the regulations,
evidence of the contents of the code or standard may be given in any legal
proceedings by production of a document apparently certified by the Minister
to be a true copy of the code or standard. |
Section 44 |
Delete "published" wherever occurring |
Section 44(1) |
Delete "any person or class of persons from compliance with
any" and substitute: a person or class of persons from compliance with |
Section 44(2) |
Delete subsection (2) and substitute: (2) An
exemption granted under this section has effect for a period, and is subject
to conditions, specified by the Minister in the notice. |
Section 44(3) |
Delete "shall" and substitute: must |
Section 44(6) |
Delete "Any" and substitute: A |
Section 44(6) |
Delete "shall be" and substitute: is |
Section 44(6) |
After the present contents of subsection (6) as amended by this
Schedule insert: Maximum penalty: (a) if
contravention of the provision in relation to which an exemption was granted
is a minor indictable offence—$50 000 or imprisonment for 5 years, or both; (b) in any other case—$10 000. |
Section 44(7) |
Delete subsection (7) |
Section 45 |
Delete "shall not, in furnishing any" and substitute: must not, in furnishing |
Section 45 |
After its present contents as amended by this section insert: Maximum penalty: $10 000. |
Section 46 |
Delete the section |
Section 47 |
Delete the section and substitute: 47—Offences by body corporate (1) If
a body corporate is guilty of an offence against this Act, each person who is
a director of the body corporate or a person concerned in the management of
the body corporate is guilty of an offence and liable to the same penalty as
is prescribed for the principal offence when committed by a natural person
unless it is proved that the person could not by the exercise of reasonable
diligence have prevented the commission of the offence by the body corporate. (2) A
person referred to in subsection (1) may be prosecuted and convicted of
an offence against that subsection whether or not the body corporate has been
prosecuted or convicted of the principal offence committed by the body
corporate. |
Section 48(1) |
Delete "any" and substitute: a |
Section 48(1)(a) |
Delete "shall be" and substitute: is |
Section 48(1)(b) |
Delete "shall, if the act or omission continues after he is
convicted, be" and substitute: is, if the act or omission continues after the person is
convicted, |
Section 48(2) |
Delete "Where" and substitute: If |
Section 48(2) |
Delete "shall for the purposes of subsection (1), be
deemed" and substitute: is, for the purposes of subsection (1), taken |
Section 49(1)(a), (b) and (c) |
Delete "any" wherever occurring and substitute in each
case: a |
Section 49(1)(d) |
Delete "any" |
Section 49(1) |
Delete "shall, in the absence of proof to the contrary, be
deemed" and substitute: is, in the absence of proof to the contrary, taken |
Section 49(2) |
Delete subsection (2) and substitute: (2) In
proceedings for an offence against this Act, a condition of an authority or
the terms of a direction or other notice under this Act may be proved by
production of an apparently genuine document purporting to be a copy of the
condition, direction, or other notice certified by the Minister or an officer
authorised under this Act to impose the condition or give the direction or
notice. |
Section 50(1) |
Delete "Any notice" and substitute: A notice |
Section 50(1) |
Delete "any person shall be deemed" and substitute: a person is taken |
Section 50(1)(b) |
Delete "him" wherever occurring and substitute in each
case: the person |
Section 50(1)(b) |
After "his" insert: or her |
Schedule, clause 5(2) |
Delete "deemed" and substitute: taken |
Schedule 7—Statute law revision amendment of Wilderness
Protection Act 1992
Provision amended |
How amended |
Section 3(1), definition of mining Act |
Delete "Petroleum Act 1940" and substitute: Petroleum Act 2000 |
Section 9(2) |
Delete "notwithstanding" and substitute: despite |
Section 13(6) |
Delete "member of the police force" and substitute: police officer |
Section 13(7) |
Delete "or inspector under thePetroleum
Act 1940" and substitute: under the Petroleum Act 2000 |
Section 13(8) |
Delete "member of the police force" and substitute: police officer |
Section 13(8) |
Delete "member's" and substitute: officer's |
Section 17(5) |
Delete "Notwithstanding" and substitute: Despite |