Western Lands Amendment Regulation 2002 (NSW)

2002 No 857

New South Wales

Western Lands Amendment

Regulation 2002

under the

Western Lands Act 1901

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Western Lands Act 1901.

JOHN AQUILINA, M.P.,

Minister for Land and Water Conservation

Explanatory note
The object of this Regulation is to amend the Western Lands Regulation 1997 in connection with the commencement of certain provisions of the Western Lands Amendment Act 2002. The Regulation omits a number of obsolete provisions and enacts minor savings and transitional provisions in connection with the amendments made by that Act.

This Regulation is made under the Western Lands Act 1901, including section 36 (the general power to make regulations) and clause 1AAA of Schedule 3.

Published in Gazette No 225 of 22 November 2002, page 9871	Page 1
2002 No 857
Clause 1	Western Lands Amendment Regulation 2002

Western Lands Amendment Regulation 2002

under the

Western Lands Act 1901

1      Name of Regulation

This Regulation is the Western Lands Amendment Regulation 2002.

2 Commencement

This Regulation commences on 1 December 2002.

3 Amendment of Western Lands Regulation 1997

The Western Lands Regulation 1997 is amended as set out in

Schedule 1.

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2002 No 857

Western Lands Amendment Regulation 2002

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clause 21

Omit the clause. Insert instead:

21 Minister’s consent to transfer: section 18G

(1)	An application for the Minister’s consent under section 18G (1) is to be accompanied by the relevant fee specified in Schedule 1.
(2)	A consent given under the former section 18G within the period of 6 months before the substitution of that section by the Western Lands Amendment Act 2002 is taken to be a consent under the new section 18G.

(3) An application for a Minister’s certificate under subsection (1E) of the former section 18G that had not been determined before the substitution of that section by the Western Lands Amendment Act 2002 is to be determined in accordance with that section as if it had not been substituted.

(4) A Minister’s certificate under subsection (1E) of the former section 18G, including a certificate issued under that subsection pursuant to subclause (3), is taken to be a declaration under subsection (3) of the new section 18G.

[2]      Clauses 22, 23 and 26

Omit the clauses.

[3]      Clause 32 Surrenders: section 33A

Insert after clause 32 (3):

(4) The Minister may continue to take any action under section 33A that had been begun before the amendment of that section by the Western Lands Amendment Act 2002, and section 33A, as in force before that amendment, continues to have effect in relation to anything arising from that action as if that it had not been so amended.

[4]      Schedule 1 Fees

Omit items 5 and 6.

BY AUTHORITY

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