Rural Lands Protection (Savings and Transitional) Regulation 2001 (NSW)

1Name of Regulation

This Regulation is the Rural Lands Protection (Savings and Transitional) Regulation 2001.

2Commencement

This Regulation commences on 15 June 2001.

3Definitions

In this Regulation:

first State Conference means the first State Conference of boards convened under section 14 (2) of the 1998 Act.

first State Council means the State Council as constituted by persons appointed under clause 3 of Schedule 7 to the 1998 Act.

the 1998 Act means the Rural Lands Protection Act 1998.

the 1989 Act means the Rural Lands Protection Act 1989.

4Notes

The explanatory note does not form part of this Regulation.

5First annual State Conference of boards and first State Council(1)

For the purposes of the first State Conference, a reference to a board in section 14 of the 1998 Act is to be read as if it were a reference to a board within the meaning of the 1989 Act.

(2)

The first State Conference may make any resolution, and the first State Council may take any action, before the commencement of Part 6 of the 1998 Act in respect of the exercise of any function conferred or imposed on a board within the meaning of the 1998 Act as if Part 6 were in force. However any such resolution or action has effect only with respect to the exercise of a function by such a board after the commencement of Part 6.

6Audit of accounts of boards for financial year ending 31 December 2001(1)

Sections 30 and 39 of the 1989 Act continue to apply to and in respect of the accounts of a board for the financial year ending 31 December 2001 despite the repeal of those sections.

(2)

A board is not required to submit financial statements in accordance with section 54 of the 1998 Act in respect of the financial year ending 31 December 2001 if the board complies with the requirements of sections 30 and 39 of the 1989 Act as so continued in force.

7Audit of accounts of State Council for financial year ending 31 December 2002

The first financial year to which section 34 of the 1998 Act applies is taken to be the period commencing on the commencement of that section and ending on 31 December 2002.

8Annual reports(1)

Section 52 of the 1989 Act and the regulations made for the purposes of that section continue to apply to and in respect of the annual report of a board for the period commencing on 1 January 2001 and ending on 31 December 2001 despite the repeal of those provisions, except as provided by subclause (3).

(2)

A board that prepares a report for the period referred to in subclause (1) and submits it in accordance with section 52 of the 1989 Act and the regulations as so continued in force is taken, for the purposes of section 36 (2) of the 1998 Act, to have prepared a report for that period in accordance with the guidelines.

(3)

For the purposes of subclause (1):

• (a)

  a reference in section 52 of the 1989 Act or the regulations made for the purposes of that section to the Council of Advice is to be read as if it were a reference to the State Council, and

• (b)

  a reference to a board is, to the extent it relates to the activities of a board in the period commencing 1 January 2001 and ending immediately before the commencement of this clause, to be read as if it were a reference to a board within the meaning of the 1989 Act.