An Act to repeal certain Acts 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 (No 2) 2008.
2 Commencement
(1) This Act commences on the date of assent, except as provided by this section.(2) The amendments made by Schedules 1–3 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 the date of assent.
3 Amendments
The Acts and instruments specified in Schedules 1–3 are amended as set out in those Schedules.
4 Repeals
(1) Each Act specified in Part 1 of Schedule 4 is repealed.(2) Each Act specified in Part 2 or 3 of Schedule 4 is, to the extent indicated in the Part, repealed.
5 General savings, transitional and other provisions
Schedule 5 has effect.
6 Explanatory notes
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
7 Repeal of provisions of Act
(1) A subschedule of Schedule 1, 2 or 3 is repealed on the day following the day on which all of the provisions of the subschedule have commenced.(2) The repeal of any such subschedule does not, because of the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.
Schedule 1 Minor amendments
(Section 3)
1.1–1.7
(Repealed)[1] Sections 75J (5) and 122 (b) (vi)
Omit “referred to in section 93F” wherever occurring.Insert instead “under Division 4 of Part 5B”.
[2] Section 79C Evaluation
Omit “section 93F” wherever occurring in section 79C (1) (a) (iiia).Insert instead “Division 4 of Part 5B”.
[3] Section 80A Imposition of conditions
Omit “section 94, 94A, 94EF or 94F” from section 80A (1) (h).Insert instead “Division 2, 3 or 5 of Part 5B”.
[4] Section 85A Process for obtaining complying development certificates
Omit “Division 6” from section 85A (9).Insert instead “Part 5B (Division 5 excepted)”.
[5] Section 109ZI Definitions
Omit the definition of building work. Insert instead:building work includes the design or inspection of building work, the issuing of a Part 4A certificate or complying development certificate in respect of building work and the issue of a design certificate under section 109IA.
[6] Section 118 Appointment of planning administrator, planning assessment panel or regional panel
Omit “94E” from paragraph (a) of the definition of failure to comply with obligations under the planning legislation in section 118 (12).Insert instead “116L”.
[7] Section 147 Disclosure of political donations and gifts
Omit “statement of” from section 147 (6) (b). Insert instead “statement to”.
[8] Schedule 5A Special contributions areas
Omit “Schedule 116A”. Insert instead “Section 116A”.
Explanatory note
Items [1]–[4] and [6] of the proposed amendments to the Environmental Planning and Assessment Act 1979 (the EP&A Act) update cross-references.
Currently, section 109ZI of the EP&A Act and section 64 of the Building Professionals Act 2005 provide that building work includes the design, inspection and issuing of a Part 4A certificate or complying development certificate in respect of building work.
On the commencement of Schedule 2 [14] to the Building Professionals Amendment Act 2008, building work under the Building Professionals Act 2005 will include the issue of a design certificate under section 109IA of the EP&A Act. Item [5] of the proposed amendments ensures that the definition of building work in section 109ZI of the EP&A Act remains consistent with the definition in section 64 of the Building Professionals Act 2005.
Items [7] and [8] of the proposed amendments correct typographical errors.
1.9–1.11
(Repealed)[1] Section 28 Forwarding of planning proposals to Minister for Planning
Omit section 28 (1). Insert instead:(1) A council may not forward a planning proposal to the Minister for Planning under section 56 of the Environmental Planning and Assessment Act 1979 which includes a proposal to classify or reclassify public land that is not owned by the council unless the council has obtained the consent of the owner to the proposed classification or reclassification of public land.
[2] Section 29 Public hearing into reclassification
Omit section 29 (1). Insert instead:(1) A council must arrange a public hearing under section 57 of the Environmental Planning and Assessment Act 1979 in respect of a planning proposal under Part 3 of that Act to reclassify community land as operational land, unless a public hearing has already been held in respect of the same matter as a result of a determination under section 56 (2) (e) of that Act.
[3] Section 32 Reclassification of land dedicated under Division 2 of Part 5B of the Environmental Planning and Assessment Act 1979
Omit “section 94” from section 32 (1) and (5) wherever occurring.Insert instead “Division 2 of Part 5B”.
[4] Section 32 (2)
Omit “public amenities and public services”.Insert instead “community infrastructure”.
[5] Section 32 (5)
Omit “that section”. Insert instead “Divisions 1 and 2 of Part 5B of that Act”.
[6] Section 377 General power of the council to delegate
Omit “section 82A” from section 377 (1) (o). Insert instead “section 96D”.
[7] Section 406 Adoption of management plan
Omit “and any other matters it considers relevant” from section 406 (1).
[8] Section 406 (2)
Insert “and any other matters it considers relevant” after “with this Part”.
[9] Schedule 6 Regulations
Omit “Election Funding Act 1981” from the examples to item 14.Insert instead “Election Funding and Disclosures Act 1981”.
Explanatory note
The proposed amendments to the Local Government Act 1993 update provisions of that Act as a consequence of amendments to the Environmental Planning and Assessment Act 1979 made by the Environmental Planning and Assessment Amendment Act 2008.
Items [1] and [2] of the proposed amendments update terminology relating to the making of local environmental plans, so that reference is made instead to planning proposals.
Items [3]–[5] of the proposed amendments update terminology and references relating to development contributions. Reference is now made to “community infrastructure” rather than “public amenities and public services”.
Items [6] and [9] of the proposed amendments update cross-references.
Items [7] and [8] of the proposed amendments move incorrectly located words.
1.13–1.17
(Repealed)Section 14P Payment splits
Omit section 14P (5). Insert instead:(5) STC must transfer a family law superannuation payment to FTC for crediting to the First State Superannuation Fund if:(a) the payment is payable under subsection (3) (a) and the non-contributor spouse fails, within the period prescribed by the regulations, to provide details as to the required manner of payment of the family law superannuation payment, or(b) the payment is not payable under subsection (3) (a) and the non-contributor spouse fails, within the period prescribed by the regulations, to make a nomination for the purposes of subsection (3) (b) or a nominated fund or RSA does not accept the nomination.
Explanatory note
Section 14P of the Police Regulation (Superannuation) Act 1906 provides for the circumstances when, and the way in which, payments are to be made to spouses of contributors to the Police Superannuation Fund when superannuation entitlements are to be split following an order or agreement under the Family Law Act 1975 of the Commonwealth. The proposed amendment enables the SAS Trustee Corporation to pay an amount immediately payable to the spouse of a contributor to that Fund to the First State Superannuation Fund if the spouse fails to provide details as to the manner of payment of the amount within the period prescribed by the regulations. This default arrangement for payment is consistent with the circumstances in which other amounts that are not immediately payable in respect of the spouse may be paid to the First State Superannuation Fund.
1.19, 1.20
(Repealed)Section 27AJ Payment splits
Omit section 27AJ (5). Insert instead:(5) STC must transfer a family law superannuation payment to FTC for crediting to the First State Superannuation Fund if:(a) the payment is payable under subsection (3) (a) and the non-employee spouse fails, within the period prescribed by the regulations, to provide details as to the required manner of payment of the family law superannuation payment, or(b) the payment is not payable under subsection (3) (a) and the non-employee spouse fails, within the period prescribed by the regulations, to make a nomination for the purposes of subsection (3) (b) or a nominated fund or RSA does not accept the nomination.
Explanatory note
Section 27AJ of State Authorities Non-contributory Superannuation Act 1987 (the Act) provides for the circumstances when, and the way in which, payments are to be made to spouses of employees for whom contributions are made to the funds established under the Act when superannuation entitlements are to be split following an order or agreement under the Family Law Act 1975 of the Commonwealth. The proposed amendment enables the SAS Trustee Corporation to pay an amount immediately payable to the spouse of an employee to the First State Superannuation Fund if the spouse fails to provide details as to the manner of payment of the amount within the period prescribed by the regulations. This default arrangement for payment is consistent with the circumstances in which other amounts that are not immediately payable in respect of the spouse may be paid to the First State Superannuation Fund.
Section 45I Payment splits
Omit section 45I (5). Insert instead:(5) STC must transfer a family law superannuation payment to FTC for crediting to the First State Superannuation Fund if:(a) the payment is payable under subsection (3) (a) and the non-contributor spouse fails, within the period prescribed by the regulations, to provide details as to the required manner of payment of the family law superannuation payment, or(b) the payment is not payable under subsection (3) (a) and the non-contributor spouse fails, within the period prescribed by the regulations, to make a nomination for the purposes of subsection (3) (b) or a nominated fund or RSA does not accept the nomination.
Explanatory note
Section 45I of the State Authorities Superannuation Act 1987 provides for the circumstances when, and the way in which, payments are to be made to spouses of contributors to the State Authorities Superannuation Fund when superannuation entitlements are to be split following an order or agreement under the Family Law Act 1975 of the Commonwealth. The proposed amendment enables the SAS Trustee Corporation to pay an amount immediately payable to the spouse of a contributor to that Fund to the First State Superannuation Fund if the spouse fails to provide details as to the manner of payment of the amount within the period prescribed by the regulations. This default arrangement for payment is consistent with the circumstances in which other amounts that are not immediately payable in respect of the spouse may be paid to the First State Superannuation Fund.
1.23
(Repealed)Section 61WB Payment splits
Omit section 61WB (5). Insert instead:(5) STC must transfer a family law superannuation payment to FTC for crediting to the First State Superannuation Fund if:(a) the payment is payable under subsection (3) (a) and the non-contributor spouse fails, within the period prescribed by the regulations, to provide details as to the required manner of payment of the family law superannuation payment, or(b) the payment is not payable under subsection (3) (a) and the non-contributor spouse fails, within the period prescribed by the regulations, to make a nomination for the purposes of subsection (3) (b) or a nominated fund or RSA does not accept the nomination.
Explanatory note
Section 61WB of the Superannuation Act 1916 provides for the circumstances when, and the way in which, payments are to be made to spouses of contributors to the State Superannuation Fund when superannuation entitlements are to be split following an order or agreement under the Family Law Act 1975 of the Commonwealth. The proposed amendment enables the SAS Trustee Corporation to pay an amount immediately payable to the spouse of a contributor to that Fund to the First State Superannuation Fund if the spouse fails to provide details as to the manner of payment of the amount within the period prescribed by the regulations. This default arrangement for payment is consistent with the circumstances in which other amounts that are not immediately payable in respect of the spouse may be paid to the First State Superannuation Fund.
schs 1–3: Am 2008 No 114, sec 7 (1).
Schedule 2 Amendments by way of statute law revision
(Section 3)
2.1–2.4
(Repealed)Section 39 (1) and (2)
Omit “draft environmental planning instrument” wherever occurring.Insert instead “planning proposal”.
Explanatory note
The proposed amendment updates terminology.
2.6–2.9
(Repealed)Section 23 (2) (e)
Omit “Divisions 6 and 6A of Part 4”. Insert instead “Part 5B”.
Explanatory note
The proposed amendment updates a cross-reference.
2.11–2.22
(Repealed)[1] Section 28A
Omit “Division 6 of Part 4”. Insert instead “Part 5B (Division 5 excepted)”.
[2] Sections 30 (1A) and 32 (1A) (a)
Omit “special contributions” wherever occurring.Insert instead “State contributions”.
[3] Sections 30 (1A), 32 (1), 32 (1A) (a) and 32 (2)
Omit “Division 6 of Part 4” wherever occurring. Insert instead “Part 5B”.
[4] Section 30 (2) and (5)
Omit “Division 6A of Part 4” wherever occurring.Insert instead “Division 5 of Part 5B”.
[5] Section 30 (2)
Omit “75R (4)”. Insert instead “116B (2)”.
[6] Section 30 (2) (a)
Omit “94F of”. Insert instead “116Y of”.
[7] Section 30 (2) (a)
Omit “a development application for consent to carry out”.
[8] Section 30 (2) (a)
Omit “a development application described”.Insert instead “development described”.
[9] Section 30 (2) (a)
Omit “94F (1)”. Insert instead “116Y (2)”.
[10] Section 30 (2) (b)
Omit “94F (3) (b)”. Insert instead “116Y (4) (b)”.
[11] Section 30 (6)
Omit “Division 6 of Part 4”. Insert instead “Division 2, 3 or 4 of Part 5B”.
[12] Section 31 (8)
Omit “Division 6 of Part 4”. Insert instead “Division 1, 2, 3 or 4 of Part 5B”.
[13] Section 31 (8) (a)
Omit “section 94 or any other provision of that Division (other than section 94EF)”.Insert instead “Division 2 of that Part”.
[14] Section 31 (8) (b)
Omit “under that Division”. Insert instead “under that Part”.
[15] Section 31 (8) (b)
Omit “section 94 or any other provision of that Division”.Insert instead “Division 2 of that Part”.
[16] Section 31 (8) (c)
Omit “section 94 or any other provision of that Division”.Insert instead “Division 2 or 4 of that Part”.
[17] Section 32 (1A)
Omit “section 94”.Insert instead “a direct contribution under Division 2 of Part 5B”.
[18] Section 32 (1A) (b)
Omit “Subdivision 4 of Division 6 of Part 4”.Insert instead “Division 3 of Part 5B”.
Explanatory note
The proposed amendments update cross-references.
2.24–2.31
(Repealed)[1] Sections 18 (4) and (5), 21, 22, 23, 49 (5) (b) and 71 (6) (d)
Omit “Urban Affairs and Planning” wherever occurring.Insert instead “Planning”.
[2] Section 23
Omit “Division 6 of Part 4”. Insert instead “Part 5B”.
Explanatory note
Item [1] of the proposed amendments updates references to a Minister and a Department.
Item [2] of the proposed amendments updates a cross-reference.
2.33, 2.34
(Repealed)[1] Section 127B (10) (a)
Omit “Subdivision 2 of Division 6 of Part 4”.Insert instead “Division 4 of Part 5B”.
[2] Section 127B (10) (b)
Omit “or levy) required under Subdivision 3 or 4 of Division 6 of Part 4”.Insert instead “) required under Division 2 or 3 of Part 5B”.
[3] Section 127ZO (7)
Omit “Section 82A”. Insert instead “Section 96D”.
Explanatory note
The proposed amendments update cross-references.
2.36–2.38
(Repealed)[1] Section 39 (4)
Omit “Division 6 of Part 4”. Insert instead “Part 5B”.
[2] Section 39 (4)
Omit “section 94EJ”. Insert instead “section 116ZD”.
Explanatory note
The proposed amendments update cross-references.
2.40, 2.41
(Repealed)schs 1–3: Am 2008 No 114, sec 7 (1).
Schedule 3 Amendments consequential on repeals
(Section 3)
3.1–3.8
(Repealed)schs 1–3: Am 2008 No 114, sec 7 (1).
Schedule 4 Repeals
(Section 4)
Part 1 Acts that are redundant
Appropriation Act 2007 No 18Part 2 Provisions of Acts that are redundant
Name of Act | Extent of repeal |
Schedule 2.1 [4] | |
Part 4 and Third Schedule | |
Schedule 3.3 |
Part 3 Acts or provisions of Acts that contain only amendments that have commenced
Note—
Section 30 (2) (c) of the Interpretation Act 1987 ensures that, when an Act or statutory rule is repealed, no amendment or validation made by the Act or statutory rule is affected. (Section 5 (6) of that Act applies section 30 to environmental planning instruments.)
Name of Act | Extent of repeal |
Section 39 and Schedule 2 | |
Schedules 1 [1]–[3], [10], [18], [20], [22]–[32], [35], [43] and [49]–[52] and 2 [3], [10] and [11] | |
Sections 3–5 and Schedules 1–3 and 4.2–4.4 | |
Schedule 1 [1]–[17] and [20]–[25] | |
Schedules 2–20 | |
Schedule 4 | |
Section 103 and Schedule 2 | |
Section 40 and Schedule 2 | |
Schedule 1 [1], [2] and [4]–[11] | |
Schedules 2.1 [5], 2.10 [12], 4.1 [7], [8], [12]–[14], [20]–[22], [24]–[26] and [31], 4.2 [2], [5], [7] and [11]–[13], 4.3, 4.4 and 5.1 [10] and [12] | |
Schedule 2.1 [1] and [3] | |
Schedule 1 [1]–[12], [20]–[22] and [49]–[79] | |
Division 7 of Part 13 and Schedules 2–4 | |
Schedules 1 [16], [20], [28], [32], [35], [37], [42], [51], [54], [57], [62], [68], [71], [78], [81], [96]–[98], [101], [116]–[118], [121], [122], [134], [138], [141], [142], [147]–[149], [172], [174], [175], [177], [178], [182], [188], [196], [197], [199], [200], [202], [203], [222], [237], [238], [244], [246], [247], [249], [252], [255], [256], [260]–[262], [265], [266], [268], [269], [277], [278] and [280] and 2.2 [2], 2.5, 2.6 and 2.8 [1] | |
Sections 17–19 and Schedule 1 | |
Part 15 | |
Schedules 1, 3 and 4 | |
Sections 24 and 25 and Schedule 3 | |
Section 42 and Schedule 6 | |
Whole Act | |
Section 59 and Schedules 2 and 3 | |
Sections 61 and 62 and Schedule 2 | |
Schedule 1 [31] and [32] | |
Section 102 and Schedule 3 | |
Section 52 and Schedule 5 |
Explanatory note
Part 1 repeals Acts that are redundant.
Part 2 repeals provisions of Acts that are redundant, because they authorise works that have been completed (Part 4 of, and the Third Schedule to, the Glen Davis Act 1939), they omit a heading that is still required (Schedule 2.1 [4] to the Environmental Planning and Assessment Amendment Act 2008) or they amend an Act that has since been repealed (Schedule 3.3 to the Marine Safety Act 1998).
Part 3 repeals Acts or provisions of Acts that contain only amendments to other Acts or instruments. All of the amendments have commenced.
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.
Schedule 5 General savings, transitional and other provisions
(Section 5)
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 2 to an amending provision contained in an Act is, if the amending provision has commenced before the date of assent to this Act, 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 that makes a direct amendment to an Act by:(a) the repeal or omission of matter contained in the amended Act without the insertion of any matter instead of the repealed or omitted matter, or(b) the omission of matter contained in the amended Act and the insertion of matter instead of the omitted matter, or(c) the insertion into the amended Act of matter, not being matter inserted instead of matter omitted from the Act.Explanatory noteThis 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, orany 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.(b) repeals and re-enacts (with or without modification) a provision of an Act or an instrument,Explanatory noteThis 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 noteThis 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 in the Gazette revoke the repeal of any Act or instrument effected by the following:this Act(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 any such Act.(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 in the Gazette 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 noteThis 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 the 2007 statute law revision Act. 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 in the Gazette, 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 noteThis 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.