2001
2001
2003-07-22
act
publicspecial
act.reprint
allinforce
2001-11-06
2003-07-22
act-2003-040
none
act-2001-104
a992851b-4e2d-4920-8175-c2c71001914b
d815e8be-78ca-424a-a9d4-a6def0b2f7cc
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2003
No 40, Sch 3 with effect from 22.7.2003.
An Act to amend the Fisheries Management Act 1994 to make
further provision for the management of fishery resources; and to make
consequential amendments to the Environmental
Planning and Assessment Act 1979.
1Name of
Act
This Act is the Fisheries
Management Amendment Act 2001.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Fisheries Management Act 1994 No
38
The Fisheries
Management Act 1994 is amended as set out in Schedule
1.
4Amendment of Environmental Planning and Assessment Act 1979 No
203
The Environmental
Planning and Assessment Act 1979 is amended as set out in
Schedule 2.
Schedule 1Amendment of Fisheries Management Act
1994
(Section 3)
[1]Section 3 Objects of
Act
Insert at the end of section 3 (2) (f):
, and
(g)
to provide social and economic benefits for the
wider community of New South Wales.
[2]Section 7 Waters to which Act
applies
Insert after section 7 (1) (d):
Note—
In many cases the legislative powers of the State
will extend beyond three nautical miles, particularly in relation to
recreational fishing.
[3]Section 7
(3)
Insert after subsection (2):
(3)
This Act is intended to have extraterritorial
application in so far as the legislative powers of the State
permit.
[4]Section
20
Omit the section. Insert instead:
20Fish and waters protected from
commercial fishing
(1)
The regulations may declare that fish of a
specified species are protected from commercial fishing.
(2)
The regulations may declare specified waters to
be waters in which all or a class of commercial fishing is prohibited
absolutely or conditionally.
(3)
A person who:
(a)
takes fish of a species declared under subsection
(1), or
(b)
sells fish of a species declared under subsection
(1), or
(c)
takes fish from waters declared under subsection
(2) in breach of a declaration,
is guilty of an offence.
Maximum penalty: In the case of a corporation,
2,000 penalty units or, in any other case, 1,000 penalty units or imprisonment
for 6 months, or both.
(4)
Subsection (3) (b) applies whether or not the
fish were taken from waters to which this Act applies.
(5)
Nothing in this section limits the power of the
Minister to make a fishing closure in relation to commercial
fishing.
[5]Section 21
Defences
Omit “20 (3)” from section 21 (2).
Insert instead “20 (3) (b)”.
[6]Section
34AA
Insert after section 34A:
34AAPurpose of fishing
fees
The purpose of fishing fees is to provide revenue
to assist activities supported through the recreational fishing trust funds
established under Division 3 of Part 8, including the following:
(a)
enhancing recreational
fishing,
(b)
carrying out research into fish and their
ecosystems,
(c)
managing recreational
fishing,
(d)
ensuring compliance with recreational fishing
regulatory controls.
[7]Section
52A
Insert after section 52:
52AShares subject to
appeal
(1)
Despite section 52, the Minister may cancel
provisional shares or issue final shares in a share management fishery, and
the management plan for that fishery may be made, even if any appeal relating
to the issue of provisional shares is still outstanding.
(2)
If the Minister considers that a person’s
entitlement to shares may be affected by any such appeal, the Minister may
issue shares in the fishery as shares
subject to appeal.
(3)
Shares subject to appeal are subject to the
following special conditions:
(a)
the transfer of, or any other registrable dealing
in, the shares is only permitted with the consent of the
Minister,
(b)
no compensation is payable by or on behalf of the
State for cancellation of the shares for any reason, including:
(i)
cancellation by the Minister resulting from a
determination in relation to the appeal, or
(ii)
cancellation due to the termination of the
fishery as a share management fishery,
(c)
any other conditions prescribed by the
regulations.
(4)
On completion of the relevant appeal:
(a)
the Minister must cancel the shares subject to
appeal, and
(b)
the Minister may, if appropriate, issue a person
with shares in accordance with this Act.
[8]Section 84 Making of
appeals
Insert after section 84 (1):
(1A)
An appeal cannot be made to that Panel under
subsection (1) after the making of a share management plan for the fishery to
which the appeal relates. However, the making of a share management plan does
not affect any appeal that was made, but not finally determined, before the
making of the plan.
[9]Section 182 Diseases declared
for the purposes of this Division
Insert after section 182 (3):
(3A)
A declaration under this section may
specify:
(a)
the circumstances in which,
or
(b)
the conditions on
which,
any specified provisions of this Division do not apply
in relation to a particular declared disease or class of declared
diseases.
[10]Part 7, Division 2,
Subdivision 1, heading
Insert before section 194:
Subdivision 1Declaration of aquatic
reserves
[11]Part 7, Division 2,
Subdivisions 2 and 3
Insert after section 197A:
Subdivision 2Development and activities
within aquatic reserves
197BMining in aquatic reserve
prohibited
(1)
It is unlawful to prospect or mine for minerals
in an aquatic reserve, except as expressly authorised by an Act of
Parliament.
(2)
The Offshore Minerals
Act 1999, the Mining Act
1992, the Petroleum
(Onshore) Act 1991 and the Petroleum
(Submerged Lands) Act 1982 do not apply to or in respect
of any area within an aquatic reserve.
(3)
This section does not apply to or in respect of
any licence, permit, authorisation or lease in force under any of those Acts
at the commencement of this section. However, no renewal or extension of such
a licence, permit, authorisation or lease may be granted after that
commencement except as expressly authorised by an Act of
Parliament.
197CDevelopment within aquatic
reserve—application of EPA Act
(1)
Before determining a development application
under Part 4 of the Environmental Planning and Assessment
Act 1979 for the carrying out of development within an
aquatic reserve, a consent authority must:
(a)
take into consideration:
(i)
the objects of this Act specified in section 3,
and
(ii)
if a management plan for the aquatic reserve has
been made under section 197A, the objectives of the aquatic reserve,
and
(iii)
the permissible uses of the area concerned under
this Act, and
(b)
if the consent authority intends to grant consent
to the carrying out of the development, obtain the concurrence of the Minister
to the granting of the consent.
(2)
A Minister who is a determining authority must
not carry out, or grant approval to carry out, an activity (within the meaning
of Part 5 of the Environmental Planning and Assessment
Act 1979) within an aquatic reserve unless the Minister
has:
(a)
taken into consideration:
(i)
the objects of this Act specified in section 3,
and
(ii)
if a management plan for the aquatic reserve has
been made under section 197A, the objectives of the aquatic reserve,
and
(iii)
the permissible uses of the area concerned under
this Act, and
(b)
in the case of an activity for which an
environmental impact statement is required to be prepared under Division 3 of
that Part, consulted with the Minister on the carrying out of the activity or
the granting of approval.
(3)
A determining authority (not being a Minister)
must not carry out, or grant approval to carry out, an activity (within the
meaning of Part 5 of the Environmental Planning and Assessment
Act 1979) within an aquatic reserve unless the determining
authority has:
(a)
taken into consideration:
(i)
the objects of this Act specified in section 3,
and
(ii)
if a management plan for the aquatic reserve has
been made under section 197A, the objectives of the aquatic reserve,
and
(iii)
the permissible uses of the area concerned under
this Act, and
(b)
in the case of an activity for which an
environmental impact statement is required to be prepared under Division 3 of
that Part, obtained the concurrence of the Minister to the carrying out of the
activity or the granting of approval.
(4)
In deciding whether or not concurrence should be
granted under this section, the Minister must take into consideration:
(a)
the objects of this Act specified in section 3,
and
(b)
if a management plan for the aquatic reserve has
been made under section 197A, the objectives of the aquatic reserve,
and
(c)
the permissible uses of the area concerned under
this Act.
(5)
The provisions of section 79B (8)–(11) of
the Environmental Planning and Assessment Act
1979, and the regulations under that Act, apply to and in
respect of a requirement under this section to obtain the concurrence of the
Minister in the same way as they apply to a requirement to obtain concurrence
imposed on a consent authority by an environmental planning instrument under
that Act.
(6)
For the purposes of applying those provisions, a
reference in those provisions to the matters stated pursuant to section 30 (3)
of the Environmental Planning and Assessment
Act 1979 (however expressed) is to be read as a reference
to the objects of this Act specified in section 3 and the permissible uses of
the area concerned under the regulations.
197DDevelopment affecting aquatic
reserve—application of EPA Act
(1)
In determining a development application under
Part 4 of the Environmental Planning and Assessment
Act 1979 for the carrying out of development on land that
is in the locality of an aquatic reserve, the consent authority must take into
consideration the objects of this Act, the permissible uses of the area
concerned under this Act and any advice given to it by the Director about the
impact on the aquatic reserve of development in the
locality.
(2)
If the consent authority is of the opinion that
development proposed in the development application is likely to have an
effect on the plants or animals within the aquatic reserve and their habitat,
the consent authority must consult with the Minister before finally
determining the application.
(3)
A determining authority must not carry out, or
grant an approval to carry out, an activity on land that is in the locality of
an aquatic reserve in purported compliance with Part 5 of the Environmental Planning and Assessment Act
1979 unless:
(a)
the determining authority has taken into
consideration the objects of this Act, the permissible uses of the area
concerned under this Act and any advice given to it by the Director on the
impact on the aquatic reserve of the carrying out of an activity in the
locality, and
(b)
if the determining authority is of the opinion
that the proposed activity is likely to have an effect on the plants or
animals within the aquatic reserve or their habitat, the determining authority
has consulted with the Minister.
Subdivision 3Aquatic reserve
notifications
197EProhibition of activities in
aquatic reserves
(1)
The Minister may from time to time, by
notification, prohibit the carrying out of any specified activity (including
the taking of fish) in an aquatic reserve or part of an aquatic
reserve.
(2)
Any such prohibition is called an aquatic
reserve notification.
(3)
An aquatic reserve notification:
(a)
may apply absolutely or subject to conditions,
and
(b)
must specify the activities that are prohibited
and the area or areas to which it applies, and
(c)
may only apply to the aquatic reserve specified
in the notification, and
(d)
has effect despite any provision of the
regulations.
197FPublication of aquatic reserve
notification
(1)
An aquatic reserve notification is to be
published:
(a)
in the Gazette, and
(b)
in a newspaper circulating, or by radio or
television broadcast, in the area adjacent to the aquatic reserve to which the
notification applies, and
(c)
by causing a copy of the notification to be
exhibited in a prominent place or places adjacent to the aquatic reserve to
which the notification applies.
(2)
However, if the Minister considers that the
aquatic reserve notification is required urgently, the Minister may publish
the notification in accordance with subsection (1) (b) or (c) so long as the
notification is published in the Gazette as soon as
practicable.
197GGeneral provisions relating to
aquatic reserve notifications
(1)
An aquatic reserve notification takes effect on
the first publication of the notification or on a later date specified in the
notification.
(2)
An aquatic reserve notification remains in force,
subject to this Act, for the period (not exceeding 5 years) specified in the
notification, but may be remade (with or without modification) by a further
notification in accordance with this Subdivision.
197HAmendment or revocation of
notification
The Minister may from time to time amend or
revoke an aquatic reserve notification by a further notification published in
accordance with this Subdivision.
197IGeneral provisions relating to
notification
Sections 42, 43 and 45 of the Interpretation Act 1987 apply to aquatic
reserve notifications in the same way as they apply to statutory rules within
the meaning of that Act.
Note—
The above provisions of the Interpretation Act 1987 contain standard
provisions that will authorise the adoption of other publications by
reference, the making of differential notifications, the amendment or repeal
of notifications and judicial notice and presumptions as to validity for
notifications.
197JRegulations relating to
notifications
The regulations may make provision for or with
respect to giving effect to aquatic reserve notifications or to any other
matter relating to aquatic reserve notifications.
197KOffence
provisions
(1)
A person who carries out any activity in
contravention of an aquatic reserve notification is guilty of an
offence.
Maximum penalty: In the case of a corporation,
1,000 penalty units or, in any other case, 200 penalty units or imprisonment
for 6 months, or both.
(2)
A person who is in possession of any animal,
plant, rock, sand or other thing that has been taken in contravention of an
aquatic reserve notification is guilty of an offence.
Maximum penalty: In the case of a corporation,
500 penalty units or, in any other case, 100 penalty units or imprisonment for
3 months, or both.
(3)
It is a defence to a prosecution for an offence
under subsection (2) if the person charged satisfies the court that the person
did not know and could not reasonably have known that the animal, plant, rock,
sand or other thing had been taken in contravention of a provision of or made
under this Act.
[12]Section 200 Circumstances in
which a local government authority may carry out dredging or
reclamation
Omit “500 penalty units” from section
200 (1).
Insert instead “2,000 penalty
units”.
[13]Section 201 Circumstances in
which a person may carry out dredging or reclamation
Omit “500 penalty units” from section
201 (1).
Insert instead “2,000 penalty
units”.
[14]Section 201
(1)
Omit “100 penalty units”. Insert
instead “1,000 penalty units”.
[15]Section 204A Marine vegetation
protected from any harvesting or other harm
Omit “1,000 penalty units” from
section 204A (2).
Insert instead “2,000 penalty
units”.
[16]Section 204A
(2)
Omit “200 penalty units”. Insert
instead “1,000 penalty units”.
[17]Section 204B Marine vegetation
protected from any commercial harvesting
Omit “1,000 penalty units” from
section 204B (2).
Insert instead “2,000 penalty
units”.
[18]Section 204B
(2)
Omit “200 penalty units”. Insert
instead “1,000 penalty units”.
[19]Section 205 Marine
vegetation—regulation of harm
Omit “1,000 penalty units” from
section 205 (2).
Insert instead “2,000 penalty
units”.
[20]Section 205
(2)
Omit “200 penalty units”. Insert
instead “1,000 penalty units”.
[21]Section
205B
Insert after section 205A:
205BActivities harmful to marine
vegetation
(1)
For the purposes of this Division, a person is
presumed to have harmed marine vegetation if the person carries out an
activity prescribed for the purposes of this section by the regulations,
unless the person establishes that the particular activity caused no actual
harm to marine vegetation.
(2)
The regulations may prescribe an activity in
relation to one or more of the following:
(a)
all protected areas,
(b)
a specific protected area,
(c)
part of a protected
area.
[22]Section 218 Fishways to be
provided in construction of dams and weirs
Omit “1,000 penalty units” from
section 218 (3).
Insert instead “In the case of a
corporation, 2,000 penalty units or, in any other case, 1,000 penalty
units”.
[23]Section 219 Passage of fish
not to be blocked
Omit “1,000 penalty units” from
section 219 (1).
Insert instead “In the case of a
corporation, 2,000 penalty units or, in any other case, 1,000 penalty
units”.
[24]Section 220A Objects of
Part
Insert “and activities” after
“development” in section 220A (a).
[25]Section 220O Protection
measures apart from listing
Omit “(s 20—fish protected from
commercial fishing)” from the note to the section.
Insert instead “or taking fish from
specified waters (s 20—fish and waters protected from commercial
fishing)”.
[26]Section 220ZF
Defences
Omit section 220ZF (1) (a). Insert
instead:
(a)
was authorised by, and was done or omitted in
accordance with:
(i)
a licence granted under this Part,
or
(ii)
a Ministerial order or interim order made under
Subdivision 1A of Division 6, or
(iii)
a permit under section 37, or
(iv)
an aquaculture permit,
or
[27]Part 7A, Division 6,
heading
Insert “and Ministerial
orders” after “Licensing” in the heading to
Division 6.
[28]Part 7A, Division 6,
Subdivision 1A
Insert after Subdivision 1:
Subdivision 1AMinisterial
orders
221IAMinisterial order to permit
harm to threatened species etc
(1)
The Minister may make an order authorising a
class of persons to carry out an activity that may result in one or more of
the following:
(a)
harm to a threatened species, population or
ecological community,
(b)
damage to a habitat of a threatened species,
population or ecological community.
(2)
Such an order may be made only if the Minister
complies with the requirements of this Subdivision.
(3)
An order may be made subject to conditions or
restrictions.
(4)
Before making an order, the Minister must
provide:
(a)
the Fisheries Scientific Committee,
and
(b)
any advisory council established under section
229 that, in the opinion of the Minister, has an interest in the proposed
order,
with a copy of the proposed order, and must invite the
Committee and any such council to provide advice, within such period as the
Minister may specify (being a period of not less than 30 days), on the
proposed order.
221IBMinor
amendments
(1)
For the purposes of this Subdivision, making an
order includes varying an existing order but does not
include making a minor amendment to an existing order.
(2)
An amendment to an existing order that the
Minister considers to be a minor amendment may be made by publishing the
amended order in the Gazette.
(3)
The Minister is not obliged to comply with any
other requirements of this Subdivision in relation to a minor
amendment.
221ICSpecies impact
statement
Before the Minister makes an order, a person
appointed by the Minister must prepare a species impact statement in relation
to the activity the subject of the proposed order in accordance with
Subdivision 2.
221IDPublic
consultation
(1)
After the species impact statement is prepared
and before making an order, the Minister must give the public an opportunity
to make written submissions on the proposed order.
(2)
For the purposes of that public consultation
procedure, a copy of the species impact statement and a copy of any advice
received by the Minister under section 221IA is to be exhibited with the
proposed order as provided by section 284.
Note—
Section 284 regulates the public consultation
procedure.
221IEMatters that Minister must
take into account
(1)
In determining whether to make an order, the
Minister must take into account the following:
(a)
the species impact statement,
(b)
any advice of the Fisheries Scientific Committee,
and any advice of any advisory council established under section 229 that, in
the opinion of the Minister, has an interest in the proposed order, received
under section 221IA.
(c)
any written submissions concerning the order
received within the period allowed for public comment,
(d)
the factors specified in section 220F
(Eligibility for listing),
(e)
any relevant recovery plan or threat abatement
plan,
(f)
the principles of ecologically sustainable
development,
(g)
whether the action proposed is likely to
irretrievably reduce the long-term viability of the species, population or
ecological community in the region,
(h)
whether the action proposed is likely to
accelerate the extinction of the species or ecological community or place it
at risk of extinction.
(2)
The Minister must also consider the likely social
and economic consequences of making or not making an
order.
221IFMaking an
order
(1)
The Minister makes an order by publication of the
order in the Gazette.
(2)
For the avoidance of doubt, it is declared that
the Minister is not a determining authority for the purposes of Part 5 of the
Environmental Planning and Assessment Act
1979 when making an order or an interim
order.
221IGInterim
orders
(1)
The Minister may make an interim order to permit
the continuation of an existing activity if the Minister considers that the
making of the interim order is reasonably necessary to reduce social or
economic impacts during the assessment of a proposed order under this
Subdivision.
(2)
The Minister makes an interim order by publishing
the order in the Gazette.
(3)
An interim order remains in force for such
period, not exceeding 6 months, as the Minister specifies in the order, but
the order may be remade.
(4)
The Minister is not obliged to comply with any
other requirements of this Subdivision in relation to an interim
order.
(5)
An interim order may be made subject to
conditions or restrictions.
221IHDirector to keep register of
orders
(1)
The Director must keep a register containing
copies of all orders and interim orders in force under this
Subdivision.
(2)
The register is to be open for public inspection,
without charge, during ordinary business hours, and copies of or extracts from
the register are to be made available to the public on request, on payment of
the fee fixed by the Director.
221IIRevocation of an
order
An order or interim order made under this
Subdivision may be revoked by the Minister at any time by notification in the
Gazette.
221IJBreaching conditions or
restrictions
A person must not contravene or fail to comply
with a condition or restriction attached to an order or interim
order.
Maximum penalty: In the case of a corporation,
1,000 penalty units or, in any other case, 200 penalty units or imprisonment
for 6 months, or both.
221IKTransitional limitation on
making orders relating to salt water fish
(1)
Despite any other provision of this Act, the
Minister may not make an order or interim order under this Division in respect
of an activity that may result in harm to a salt water fish species, or damage
to the habitat of such a species, unless the order is expressly permitted by a
regulation made for the purposes of this section.
(2)
This section ceases to have effect on 1 January
2003.
[29]Section 221J Form of species
impact statements
Omit section 221J (2). Insert instead:
(2)
A species impact statement must be signed by the
principal author of the statement and by the who, for the purposes of
this Subdivision, is one of the following:
(a)
if the species impact statement is prepared for
the purposes of a licence application under Subdivision 1—the applicant
for the licence,
(b)
if the species impact statement is prepared for
the purposes of an order under Subdivision 1A—the person appointed by
the Minister in accordance with section 221IC,
(c)
if the species impact statement is prepared for
the purposes of the Environmental Planning and Assessment
Act 1979—the applicant for development consent or
the proponent of the activity to be carried out (as the case
requires).
[30]Section 221L Director’s
requirements
Omit “person applying for the licence (or,
if the species impact statement is being prepared for the purposes of the
Environmental Planning and Assessment Act
1979, the applicant for development consent or the
proponent of the activity)” from section 221L (1).
Insert instead
“sponsor”.
[31]Section 221O Director may make
stop work order
Insert after 221O (4):
(5)
A person who does not comply with an order in
force under this section is guilty of an offence and is liable, on
conviction:
(a)
in the case of a corporation, to a penalty not
exceeding 2,000 penalty units and, in the case of a continuing offence, to a
further penalty not exceeding 1,000 penalty units for each day the offence
continues, or
(b)
in the case of an individual, to a penalty not
exceeding 1,000 penalty units and, in the case of a continuing offence, to a
further penalty not exceeding 500 penalty units for each day the offence
continues.
[32]Section 230 Management
Advisory Committees for fisheries
Insert “, fishery management
strategy” after “plan” in section 230 (4)
(a).
[33]Section 230 (4)
(b)
Insert “, the fishery management
strategy” after “plan”.
[34]Section 230 (4)
(c)
Insert “, fishery management
strategy” after “plan”.
[35]Section
238C
Insert after section 238B:
238CUse of money in trust funds
for species impact statements
The costs incurred in connection with a species
impact statement, prepared in relation to a Ministerial order made under
Subdivision 1A of Division 6 of Part 7A in respect of a fishery, may be paid
or reimbursed from a trust fund that relates to the
fishery.
[36]Section 261 Hot
pursuit
Omit “coastal waters of New South
Wales” from section 261 (1).
Insert instead “waters to which this Act
applies”.
[37]Section 261
(4)
Insert after section 261 (3):
(4)
Nothing in this section limits the application of
this Act as provided by section 7.
[38]Section 275G
Offences
Omit “Maximum penalty: 200 penalty
units” from section 275G.
Insert instead “Maximum penalty: In the
case of a corporation, 2,000 penalty units or, in any other case, 1,000
penalty units”.
[39]Section 284 Public
consultation procedure
Insert after section 284 (1) (f):
(g)
a Ministerial order (but not an interim order)
made under Subdivision 1A of Division 6 of Part
7A.
[40]Schedule 2 Provisions relating
to members and procedure of TAC Committee
Omit clause 6. Insert instead:
6Filling of vacancy in office
of member
(1)
If the office of a member becomes vacant, a
person is, subject to this Act, required to be appointed to fill the
vacancy.
(2)
A person is not required to be so appointed to
fill a vacancy in the case of a member who was appointed under section 27 (1)
(d) if there are at least 4 remaining members of the TAC
Committee.
[41]Schedule 7 Savings,
transitional and other provisions
Insert at the end of clause 2 (1):
Fisheries
Management Amendment Act 2001
Schedule 2Amendment of Environmental Planning and Assessment Act
1979
(Section 4)
[1]Section 115G
Definitions
Insert after paragraph (g) of the definition of
fishing
regulatory controls:
(h)
Ministerial orders and interim orders made under
Subdivision 1A of Division 6 of Part 7A of the Fisheries
Management Act 1994.
[2]Section 115N Special
provisions relating to threatened species conservation
Insert after section 115N (2):
(2A)
However, despite subsection (2), a species impact
statement is not required in relation to threatened species, populations or
ecological communities or their habitats, if:
(a)
the designated fishing activity subject to the
environmental assessment is an activity authorised by a Ministerial order made
under Subdivision 1A of Division 6 of Part 7A of the Fisheries Management Act 1994,
and
(b)
the species impact statement prepared under
section 221IC of the Fisheries Management Act
1994 in relation to that order includes an assessment of
the likely effect of the activity on those threatened species, populations or
ecological communities or their habitats.
Historical
notes
Table of amending
instruments
Fisheries
Management Amendment Act 2001 No 104. Minister’s
second reading speech made: Legislative Assembly, 6.11.2001; Legislative
Council, 5.12.2001. Assented to 11.12.2001. Date of commencement, Sch 1 [4]
[5] [10] [11] and [25] excepted, 14.12.2001, sec 2 and GG No 190 of
14.12.2001, p 9830; date of commencement of Sch 1 [4] [5] and [25], 1.1.2003,
sec 2 and GG No 190 of 14.12.2001, p 9830; date of commencement of Sch 1 [10]
and [11], 31.3.2002, sec 2 and GG No 190 of 14.12.2001, p
9830.