An Act to amend certain 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 2024.
2 Commencement
This Act commences on the date of assent to this Act.
3 Explanatory notes
The matter appearing under the heading “Explanatory note” in the schedules of this Act does not form part of this Act.
Schedule 1 Minor amendments
Schedule 4 Amendment of other legislation
Insert before Schedule 4.4[1]—[1AA] Section 202 Special entertainment precinctOmit section 202(2)(a).
Explanatory note
The proposed amendment amends the definition of special entertainment precinct to remove an inconsistency with the Liquor Act 2007, clarifying the application of the law to the management of disturbance complaints for amplified music.
[1] Sections 2.8(1)(a)(vi), 6.1, definition of “planning approval”, paragraph (b) and 7.19(b)
Omit “Part 5.1 of that Act” wherever occurring. Insert instead “that Act, Division 5.2”.
[2] Sections 7.1, definition of “Planning Agency Head”, 8.1, definition of “planning authority”, paragraph (e) and 8.24(1)(b)
Omit “Department of Planning and Environment” wherever occurring.Insert instead “Department of Planning, Housing and Infrastructure”.
[3] Sections 7.14(1) and 8.4(1)
Omit “Part 5.1 of the Environmental Planning and Assessment Act 1979” wherever occurring.Insert instead “the Environmental Planning and Assessment Act 1979, Division 5.2”.
[4] Section 8.4 Effect of biodiversity certification
Omit “Part 5.1 of the Planning Act” from section 8.4(1).Insert instead “the Planning Act, Division 5.2”.
Explanatory note
Items [1], [3] and [4] of the proposed amendments update references to certain renumbered provisions of the Environmental Planning and Assessment Act 1979.
Item [2] replaces references to the Secretary of the Department of Planning and Environment with references to the Secretary of the Department of Planning, Housing and Infrastructure.
[1] Clause 2.3 Approaching marine mammals
Omit clause 2.3(7), definition of law enforcement agency, paragraph (e). Insert instead—(e) the Department of Climate Change, Energy, the Environment and Water.
[2] Clauses 3.1(6) and 14.3(f)
Omit “Department of Planning and Environment” wherever occurring.Insert instead “Department of Planning, Housing and Infrastructure”.
Explanatory note
Item [1] of the proposed amendments replaces a reference to the Department of Planning, Industry and Environment with a reference to the Department of Climate Change, Energy, the Environment and Water.
Item [2] replaces references to the Department of Planning and Environment with references to the Department of Planning, Housing and Infrastructure.
[1] Sections 46(1), 47(1), 58(8)(a), 64(1), 65(1), 75(6)(a), 127(1) and (3), 335(3) and 396(3)
Omit “the website of the Department” wherever occurring.Insert instead “a NSW Government website used by the Department”.
[2] Sections 110(6)(a) and 396(1)
Omit “the Department’s website” wherever occurring.Insert instead “a NSW Government website used by the Department”.
[3] Schedule 3 Prohibited dealings
Omit the matter relating to Chinemys reevesii in clause 2 under the heading Reptilia.Insert in appropriate order—
Explanatory note
Items [1] and [2] replace references to the Department’s website with references to a NSW Government website used by the department.
Item [3] corrects a reference to a specific breed of turtle listed in the Act, Schedule 3 in relation to prohibited dealings with non-indigenous animals.
Clause 58 General provisions relating to orders
Omit “on the Department’s website” from clause 58(3).Insert instead “on a NSW Government website used by the Department”.
Explanatory note
The proposed amendment replaces a reference to the Department’s website with a reference to a NSW Government website used by the department to allow orders under the Biosecurity (National Livestock Identification System) Regulation 2017 to be published on an appropriate NSW Government website.
Clause 76 Manner in which notification is to be given
Omit “the website of the Department” wherever occurring.Insert instead “a NSW Government website used by the Department”.
Explanatory note
The proposed amendment replaces a reference to the Department’s website with a reference to a NSW Government website used by the department to allow certain notifications under the Biosecurity Regulation 2017 to be published on an appropriate NSW Government website.
Section 10 Execution of documents
Omit “facsimile” wherever occurring. Insert instead “copy”.
Explanatory note
The proposed amendment updates terminology in the Births, Deaths and Marriages Registration Act 1995 to ensure a consistent approach to technology is used across NSW legislation.
Clause 16A Execution of documents—the Act, s 10(1)
Omit “facsimile” from clause 16A(1). Insert instead “copy”.
Explanatory note
The proposed amendment updates terminology in the Births, Deaths and Marriages Registration Regulation 2017 to ensure a consistent approach to technology is used across NSW legislation.
Section 20 Publication of Commission reports
Omit “Subsections (2) and (3) do not” from section 20(5).Insert instead “Subsection (3) does not”.
Explanatory note
The proposed amendment clarifies that annual reports under the Climate Change (Net Zero Future) Act 2023, section 21 need to be tabled in both Houses of Parliament by the Minister within 28 days after receiving the report from the Net Zero Commission.
[1] Section 4 Definitions
Omit section 4(1), definition of Department. Insert instead—Department means the Department of Climate Change, Energy, the Environment and Water.
[2] Section 21 Coastal management manual
Omit section 21(6)(a). Insert instead—(a) on a NSW Government website used by the Department, and
[3] Section 21(6)(b)
Omit “and the Office of Environment and Heritage”.
Explanatory note
Item [1] of the proposed amendments replaces a reference to the Department of Planning and Environment with a reference to the Department of Climate Change, Energy, the Environment and Water.
Items [2] and [3] remove redundant references to the Office of Environment and Heritage.
Section 3 Definitions
Omit section 3(1), definition of Department. Insert instead—Department means the Department of Climate Change, Energy, the Environment and Water.
Explanatory note
The proposed amendment replaces a reference to the Department of Planning and Environment with a reference to the Department of Climate Change, Energy, the Environment and Water.
[1] Sections 9(2)(b), 17C(3)(b), 37(4), 281A(1), (3) and (4) and 284(2)(a)
Omit “the Department’s website” wherever occurring.Insert instead “a NSW Government website used by the Department”.
[2] Sections 34S(5), 40Z(4), 97(2), 127I(5), 154(6) and 163(7A)(a)
Omit “the website of the Department” wherever occurring.Insert instead “a NSW Government website used by the Department”.
[3] Section 220MA Publication of final determination
Omit “the internet site of the Department” from section 220MA(4)(a).Insert instead “a NSW Government website used by the Department”.
[4] Section 220W Maps of critical habitat
Omit “Department of Planning and Environment” from section 220W(3)(a).Insert instead “Department of Climate Change, Energy, the Environment and Water”.
[5] Section 221ZU Definitions
Omit “Regional NSW” from section 221ZU(1), definition of Fisheries Agency Head.Insert instead “the Department”.
Explanatory note
Items [1]–[3] replace references to Regional NSW’s website with references to a NSW Government website used by the department.
Item [4] replaces a reference to the Secretary of the Department of Planning and Environment with a reference to the Secretary of the Department of Climate Change, Energy, the Environment and Water.
Item [5] of the proposed amendments replaces references to Regional NSW with references to the department.
1.13 Food Act 2003 No 43
[1] Section 37 Powers of authorised officers
Insert “, including through the use of audio or audio-visual recordings or other electronic means,” after “or answer questions” in section 37(1)(o).
[2] Section 37(1)(q)
Insert “, including through the use of audio or audio-visual recordings or other electronic means,” after “may be necessary”.
[3] Section 110 Definitions
Omit “Department of Planning and Environment” from the definition of relevant body.Insert instead “Department of Climate Change, Energy, the Environment and Water”.
Explanatory note
Item [1] of the proposed amendments allows an authorised officer to use audio or audio-visual recordings and other electronic means when requiring a person to provide information or answer questions.
Item [2] allows an authorised officer to make inquiries and investigate offences using audio or audio-visual recordings and other electronic means.
Item [3] updates the definition of relevant body following machinery of government changes.
1.14 Food Regulation 2015
[1] Clause 4 Enforcement agencies
Omit “Chief Executive of the Office of Environment and Heritage” from clause 4(4).Insert instead “Secretary of the Department of Climate Change, Energy, the Environment and Water”.
[2] Clause 14 Charges for inspections of non-licensed food business
Omit “Chief Executive of the Office of Environment and Heritage” from section 14(5)(b).Insert instead “Secretary of the Department of Climate Change, Energy, the Environment and Water”.
Explanatory note
Items [1] and [2] update references following machinery of government changes.
[1] Section 4 Definitions
Omit “at the end of this Act” from section 4(1). Insert instead “in Schedule 3”.
[2] Dictionary, heading
Omit the heading. Insert instead—Schedule 3 Dictionary
[3] Dictionary
Omit “Planning and Environment” from the definition of Department.Insert instead “Climate Change, Energy, the Environment and Water”.
Explanatory note
Item [2] of the proposed amendments amends the heading to the dictionary to insert a schedule number. Item [1] makes a consequential amendment.
Item [3] updates the definition of Department following a machinery of government change.
[1] Section 3 Geographical Names Board
Omit section 3(10)(b)(ii). Insert instead—(ii) resigns from office by written instrument addressed to the Governor,
[2] Section 3(10)(b)(iv)
Omit “him or her either personally or in the ordinary course of post” from the subparagraph.Insert instead “the appointed member”.
Explanatory note
Item [1] of the proposed amendments modernises reference to the process of resignation for a member of the Geographical Names Board. The new provision still requires notice of resignation to be in writing to the Governor.
Item [2] removes the requirement that an appointed member of the Geographical Names Board be given notice of a meeting of the board only personally or in the ordinary course of post.
Item [3] provides that the Geographical Names Board is not required to publish notice of a proposal to assign a geographical name to a place, or alter a recorded name or geographical name, if there is no newspaper circulating in, or in the neighbourhood of, the place, or the board otherwise does not consider it practicable to publish a notice in the newspaper in, or in the neighbourhood of, the place.
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)—Department means the Department of Climate Change, Energy, the Environment and Water.
[2] Sections 23(4), 36(1)(e), 121(5)(c) and 151(2)(b) and (3)
Omit “of Planning and Environment” wherever occurring.
Explanatory note
Item [1] of the proposed amendments inserts a definition of Department following machinery of government changes. Item [2] makes consequential amendments.
[1] Section 30D
Insert after section 30C—30D Time of repeal of Acts and instrumentsIf an Act or instrument, or a provision of an Act or instrument, is repealed on a day, the Act or instrument, or provision, is repealed at the beginning of the day.
[2] Schedule 4 Dictionary
Insert in alphabetical order—business day means a day that is not—(a) a Saturday or Sunday, or(b) a public holiday or bank holiday throughout the State.public holiday means a day appointed under the Public Holidays Act 2010 or another Act as a public holiday.
Explanatory note
Item [1] of the proposed amendments provides that provisions may be transferred from an Act or instrument to another Act or instrument, without affecting the operation or meaning of the provision, if the Act or instrument the provision is transferred to states that the Interpretation Act 1987, section 30A applies.
Item [2] provides that the repeal of an Act or instrument, or a provision, takes effect at the beginning of the day on which the Act, instrument or provision is repealed.
Item [3] inserts definitions for business day and public holiday to ensure that the defined terms are consistently interpreted in all legislative instruments.
[1] Section 15 Approval of draft marine estate management strategy
Insert after section 15(2)—(3) An order under subsection (1) must include a copy of the marine estate management strategy to which the order relates.
[2] Section 16 Publication of marine estate management strategy
Omit “website of Regional NSW.”Insert instead “relevant NSW Government website”.
[3] Section 17 Amendment, replacement or revocation of strategy
Omit section 17(3) and (4). Insert instead—(3) The relevant Ministers may, by order published in the Gazette, revoke a marine estate management strategy, wholly or in part.(4) The revocation of the marine estate management strategy takes effect on—(a) the day the order is published in the Gazette, or(b) if a later date is specified in the order—the date specified.
[4] Section 55 Development within marine parks and aquatic reserves—application of EPA Act
Omit “(within the meaning of Part 5 of the Environmental Planning and Assessment Act 1979)” wherever occurring in section 55(2) and (3).
[5] Section 55(2)(b) and (3)(b)
Omit “Division 3 of that Part” wherever occurring.Insert instead “the Environmental Planning and Assessment Act 1979, Division 5.1, Subdivision 3”.
[6] Section 55(5)
Omit “section 79B (8), (9), (10) and (11) of the Environmental Planning and Assessment Act 1979”.Insert instead “the Environmental Planning and Assessment Act 1979, section 4.13(8), (9), (10) and (11)”.
[7] Section 55(6)
Omit “section 30 (3) of the Environmental Planning and Assessment Act 1979”.Insert instead “the Environmental Planning and Assessment Act 1979, section 3.18(3)”.
[8] Section 55(7)
Insert after section 55(6)—(7) In this section—activity has the same meaning as in the Environmental Planning and Assessment Act 1979, Division 5.1.
[9] Section 56 Development affecting marine parks and aquatic reserves—application of EPA Act
Omit “Part 5 of the Environmental Planning and Assessment Act 1979” from section 56(3).Insert instead “the Environmental Planning and Assessment Act 1979, Division 5.1”.
Explanatory note
Item [1] of the proposed amendments provides that an order published in the Gazette approving a draft marine estate management strategy must include a copy of the strategy.
Item [2] updates a reference to the website from which a marine estate management strategy may be accessed by stakeholders.
Item [3] provides that a marine estate management strategy may be revoked by Ministerial order published in the Gazette and that the revocation will take effect from the date the order is published, or a later date specified in the order.
Items [4]–[9] correct references to provisions of the Environmental Planning and Assessment Act 1979.
Section 5 Definitions
Omit “Planning and Environment” from section 5(1), definition of Department.Insert instead “Climate Change, Energy, the Environment and Water”.
Explanatory note
The proposed amendment updates the definition of Department following machinery of government changes.
Section 3 Definitions
Omit “Planning and Environment” from section 3(1), definition of Department.Insert instead “Climate Change, Energy, the Environment and Water”.
Explanatory note
The proposed amendment updates the definition of Department following machinery of government changes.
Sections 3(1), definition of “nominated regional infrastructure project”, 5, 6(1) and 12
Omit “Deputy Premier” wherever occurring.Insert instead “Minister for Regional New South Wales”.
Explanatory note
The proposed amendment replaces references to the Deputy Premier with the Minister for Regional New South Wales to reflect changes in Ministerial responsibilities.
Section 4E Register of directed service providers—the Act, s 26G(2)
Omit “Review” from section 4E(4).
Explanatory note
The proposed amendment corrects an error in a reference to the Civil and Administrative Tribunal.
[1] Section 10 Staged repeal of statutory rules
Insert after section 10(3)(b)—(c) the Road Rules 2014 made under the Road Transport Act 2013.
[2] Schedule 5 Further postponement of repeal of statutory rules
Omit clause 2.
[3] Schedule 5, clause 3(a), (d)–(g) and (i)
Omit the paragraphs.
[4] Schedule 5, clause 3A
Insert after clause 3—3A Postponement of repeal of Prevention of Cruelty to Animals Regulation 2012The Prevention of Cruelty to Animals Regulation 2012 remains in force until 1 February 2025, unless sooner repealed.
[5] Schedule 5, clause 4
Omit the clause. Insert instead—4 Postponement of repeal of statutory rules until 1 September 2025The following statutory rules remain in force until 1 September 2025, unless sooner repealed—
Explanatory note
Item [1] of the proposed amendments provides that the Road Rules 2014 made under the Road Transport Act 2013 are no longer automatically repealed under the Subordinate Legislation Act 1989, section 10.
Items [2]–[4] postpone, until 1 September 2025, the date on which several regulations are automatically repealed by the Subordinate Legislation Act 1989. As the automatic repeal of each regulation has been postponed at least 5 times, the repeal cannot be further postponed by order under the Subordinate Legislation Act 1989, section 11.
The regulations are currently due to be repealed on 1 September 2024 but continue to be required. The repeal is proposed to be further postponed for the following reasons—
(a) The Department of Customer Service and the Department of Communities and Justice conducted a statutory review of the Boarding Houses Act 2012 in 2020. It is considered premature to remake the Boarding Houses Regulation 2013 before legislative amendments arising from the statutory review are made.
(b) The Radiation Control Amendment Act 2023 was assented to on 24 October 2023 following a statutory review of the Radiation Control Act 1990, which was renamed as the Protection from Harmful Radiation Act 1990. As a review of the Protection from Harmful Radiation Regulation 2013 is currently being undertaken, it is considered premature to remake the regulation.
(c) Reviews of the Acts under which the following regulations are made are currently being undertaken and it is considered premature to remake the regulations—
(d) The remake of the Local Land Services Regulation 2014 is underway and a postponement of the repeal is required to complete the remake.
Item [4] also re-enacts an existing postponement of the automatic repeal of the Child Protection (Working with Children) Regulation 2013.
[1] Section 221 Definitions
Omit the definitions of landholder’s water entitlement and ratepayer.
[2] Section 326A Compliance audits
Omit section 326A(4)(d). Insert instead—(d) persons who are qualified to be compliance auditors.
[3] Schedule 10 Conversion of former entitlements to access licences and approvals
Omit “141” from clause 32. Insert instead “140”.
Explanatory note
Item [1] omits definitions that are no longer required following amendments made by the Water Management Amendment Act 2010.
Item [2] clarifies that the regulations may provide for the persons qualified to be a compliance auditor. Under the Water Management Act 2000, section 326A, the Minister for Water may direct that a compliance audit be undertaken by the holder of an access licence or approval or by a compliance auditor, or both.
Item [3] corrects a cross-reference.
Schedule 2 Other amendments to Water Management Act 2000 No 92
Omit Schedule 2[58]. Insert instead—[58] Section 222Insert “, trustees on behalf of the trust” after “the private water trust”.
Explanatory note
The proposed amendment corrects a typographical error in an uncommenced amendment.
Schedule 2 Amendments by way of statute law revision—miscellaneous amendments
Section 3 Definitions
Omit “section 16” from the definition of Fund. Insert instead “section 15”.
Explanatory note
The proposed amendment corrects a typographical error in a section number.
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
Omit “at the end of” from Schedule 1[2]. Insert instead “in”.
Explanatory note
The proposed amendment corrects an instruction in relation to the location of an inserted provision.
Section 10.3A Administration of government grants
Omit “19 September 2022” from section 10.3A(3), note.Insert instead “18 March 2024”.
Explanatory note
The proposed amendment reflects that the key principles in approving or declining a relevant grant are contained in the Grants Administration Guide published in the Gazette on 18 March 2024.
Section 114 Disclosures prejudicing investigations
Renumber section 114(3)(d)(a)–(c) as section 114(3)(d)(i)–(iii).
Explanatory note
The proposed amendment corrects typographical errors in subparagraph numbering.
Section 17 Class 1—environmental planning and protection appeals
Renumber the second occurrence of section 17(m) as section 17(n).
Explanatory note
The proposed amendment corrects a typographical error in subsection numbering.
Section 21A NSW Admission Board Rules
Renumber section 21A(1)(c1)(a) and (b) as section 21A(1)(c1)(i) and (ii).
Explanatory note
The proposed amendment corrects typographical errors in subparagraph numbering.
Rule 34, heading
Omit “with other”. Insert instead “other”.
Explanatory note
The proposed amendment omits a repeated word.
[1] Schedule 1 Licences to which Part 2 of Act applies
Omit the matter relating to the National Parks and Wildlife Act 1974, including the heading.
[2] Schedule 4 Amendment of other Acts and statutory rules
Omit Schedule 4.9.
Explanatory note
Item [2] of the proposed amendments repeals a subschedule that was to insert a new section into the National Parks and Wildlife Act 1974. The part in which the section was to be inserted has been repealed. Item [1] makes a consequential amendment.
Section 704 Delineation of local government boundaries by reference to maps
Omit “central plan register established under the Survey Co-ordination Act 1949” wherever occurring in section 704(1)(b) and (2)(b).Insert instead “register of public surveys established under the Surveying and Spatial Information Act 2002”.
Explanatory note
The proposed amendment updates references to the central plan register under the repealed Survey Co-ordination Act 1949 with references to the register of public surveys under the Surveying and Spatial Information Act 2002.
Section 12 Cargo record book
Omit “MAROL” from section 12(1). Insert instead “MARPOL”.
Explanatory note
The proposed amendment corrects a typographical error.
Schedule 1 New South Wales changes and additions to National Energy Retail Law
Omit “3A” wherever occurring in Schedule 1[11]. Insert instead “3AZ”.
Explanatory note
The proposed amendment corrects section numbering.
Section 12 Professional indemnity insurance—the Act, s 22
Omit “othewise” from section 12(7)(b). Insert instead “otherwise”.
Explanatory note
The proposed amendment corrects a typographical error.
Section 144AC Use of approved GPS tracking device required by EPA for waste transportation vehicles
Renumber section 144AC(2), penalty, paragraphs (b) and (a) as section 144AC(2), penalty, paragraphs (a) and (b), respectively.
Explanatory note
The proposed amendment corrects typographical errors in paragraph numbering.
Section 7K Variation of approval
Omit “its the opinion” from section 7K(9). Insert instead “its opinion”.
Explanatory note
The proposed amendment corrects a typographical error.
Schedule 3 General savings, transitional and other provisions
1 Effect of amendment of amending provisions
(1) An amendment made by Schedule 1 or 2 to an amending provision contained in an Act or instrument is, if the amending provision has commenced before the Schedule 1 or 2 amendment concerned, taken to have effect as from the commencement of the amending provision, whether or not the amending provision has been repealed.(2) In this section—amending provision means a provision of an Act or instrument that makes a direct amendment to an Act or instrument by—(a) the repeal or omission of matter contained in the amended Act or instrument without the insertion of any matter instead of the repealed or omitted matter, or(b) the omission of matter contained in the amended Act or instrument and the insertion of matter instead of the omitted matter, or(c) the insertion into the amended Act or instrument of matter, not being matter inserted instead of matter omitted from the Act or instrument.Explanatory noteThis section ensures that an amendment made by the proposed Act to a repealing or amending provision of an Act or instrument will, if the repealing or amending provision commences before the amendment made by the proposed Act, be taken to have commenced on the date the repealing or amending provision commences.
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, oran 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 amended or repealed.(b) repeals and re-enacts, with or without modification, a provision of an Act or an instrument,Explanatory noteThis section 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, an 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 section 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
The Interpretation Act 1987, section 29A applies to the repeal of Acts or instruments, or provisions of Acts or instruments, by this Act.Explanatory noteThe effect of this section is to enable the Governor, by proclamation, to revoke the repeal of an Act or instrument, or a provision of an Act or instrument, by the proposed Act. The Act or instrument, or provision, 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) A 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 a provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate to—(a) affect, in a manner prejudicial to a 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) impose liabilities on a 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 section enables the making of regulations of a savings or transitional nature relating to incidental matters arising out of the proposed Act.