Government Gazette of the STATE of NEW SOUTH WALES Number 38 Friday, 20 February 2009 Published Under Authority by Government Advertising
Total Page:16
File Type:pdf, Size:1020Kb
1033 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 38 Friday, 20 February 2009 Published under authority by Government Advertising LEGISLATION Announcement Online notification of the making of statutory instruments Following the commencement of the remaining provisions of the Interpretation Amendment Act 2006, the following statutory instruments are to be notified on the official NSW legislation website (www.legislation.nsw.gov.au) instead of being published in the Gazette: (a) all environmental planning instruments, on and from 26 January 2009, (b) all statutory instruments drafted by the Parliamentary Counsel’s Office and made by the Governor (mainly regulations and commencement proclamations) and court rules, on and from 2 March 2009. Instruments for notification on the website are to be sent via email to [email protected] or fax (02) 9232 4796 to the Parliamentary Counsel's Office. These instruments will be listed on the “Notification” page of the NSW legislation website and will be published as part of the permanent “As Made” collection on the website and also delivered to subscribers to the weekly email service. Principal statutory instruments also appear in the “In Force” collection where they are maintained in an up-to-date consolidated form. Notified instruments will also be listed in the Gazette for the week following notification. For further information about the new notification process contact the Parliamentary Counsel’s Office on (02) 9321 3333. 1034 LEGISLATION 20 February 2009 Online notification of the making of Statutory Instruments (Week beginning 9 February 2009) The following instruments were officially notified on the NSW legislation website (www.legislation.nsw.gov.au) on the dates indicated: Environmental Planning Instruments Baulkham Hills Local Environmental Plan 2005 (Amendment No 16) (2009-41) — published LW 13 February 2009 Great Lakes Local Environmental Plan 1996 (Amendment No 69) (2009-42) — published LW 13 February 2009 Junee Local Environmental Plan 1992 (Amendment No 5) (2009-43) — published LW 13 February 2009 Leichhardt Local Environmental Plan 2000 (Amendment No 17) (2009-44) — published LW 13 February 2009 Nambucca Local Environmental Plan 1995 (Amendment No 66) (2009-45) — published LW 13 February 2009 Port Stephens Local Environmental Plan 2000 (Amendment No 29) (2009-46) — published LW 13 February 2009 NEW SOUTH WALES GOVERNMENT GAZETTE No. 38 20 February 2009 LEGISLATION 1035 Proclamations New South Wales Commencement Proclamation under the Graffiti Control Act 2008 No 100 JAMES JACOB SPIGELMAN, , By Deputation from Her Excellency the Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Graffiti Control Act 2008, do, by this my Proclamation, appoint 20 February 2009 as the day on which that Act (other than Schedule 2.4) commences. SignedSigned andand sealedsealed atat Sydney,Sydney, thisthis 18th day of Februaryday of February 2009. 2009. By Her Excellency’s Command, JOHN HATZISTERGOS, M.L.C., L.S. AttorneyAttorney GeneralGeneral GOD SAVE THE QUEEN! Explanatory note This Proclamation commences the whole of the Graffiti Control Act 2008 on 20 February 2009 except for the amendments (as set out in Schedule 2.4 to the Act) to the Rail Safety (General) Regulation 2003. That Regulation was repealed on 1 January 2009 and has been replaced by the Rail Safety (General) Regulation 2008. Because the amendments to the repealed Regulation cannot take effect, they will be repealed at a later stage by way of statute law revision. s2008-545-16.d04 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 38 1036 LEGISLATION 20 February 2009 New South Wales Commencement Proclamation under the Succession Amendment (Family Provision) Act 2008 No 75 MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 (1) of the Succession Amendment (Family Provision) Act 2008, do, by this my Proclamation, appoint 1 March 2009 as the day on which that Act (other than Schedule 2.1) commences. Signed and sealed at Sydney, thisthis 11th day of Februaryday of 2009. 2009. By Her Excellency’s Command, JOHN HATZISTERGOS, M.L.C., L.S. AttorneyAttorney GeneralGeneral GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence the Succession Amendment (Family Provision) Act 2008 other than Schedule 2.1 (which is taken to have commenced on 1 March 2008 under section 2 (2) of the Act). s2008-547-19.d04 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 38 20 February 2009 LEGISLATION 1037 Regulations New South Wales Companion Animals Amendment (Reporting Dog Attacks) Regulation 2009 under the Companion Animals Act 1998 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Companion Animals Act 1998. BARBARA PERRY, M.P., Minister for Local Government Explanatory note The object of this Regulation is to provide for a local council to enter information relating to a dog attack on the Register of Companion Animals within 72 hours of receiving information about the attack. This Regulation is made under the Companion Animals Act 1998, including section 74 (2) and section 96 (the general regulation-making power). s2008-557-28.d09 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 38 1038 LEGISLATION 20 February 2009 Clause 1 Companion Animals Amendment (Reporting Dog Attacks) Regulation 2009 Companion Animals Amendment (Reporting Dog Attacks) Regulation 2009 under the Companion Animals Act 1998 1 Name of Regulation This Regulation is the Companion Animals Amendment (Reporting Dog Attacks) Regulation 2009. 2 Amendment of Companion Animals Regulation 2008 The Companion Animals Regulation 2008 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 38 20 February 2009 LEGISLATION 1039 Companion Animals Amendment (Reporting Dog Attacks) Regulation 2009 Amendment Schedule 1 Schedule 1 Amendment (Clause 2) Clause 33A Insert after clause 33: 33A Dog attack information on the Register (1) Information about dog attacks may be entered on the Register, whether or not the attacking dog is a registered companion animal at the time of the attack. (2) A council with which an arrangement is in place under section 74 (4) of the Act must enter on the Register the following information in respect of a dog attack: (a) the identification information of the dog if it is a registered companion animal, (b) a description of the dog and the owner (if known) if it is not a registered companion animal, (c) details of the person or animal attacked and the nature of any injury, (d) details of any securing or seizing of the dog under section 18 of the Act, or any action taken to protect persons or property under section 22 of the Act, (e) such other information as the Director-General may direct from time to time by notice to the council. Note. Councils enter information on the Register in accordance with an arrangement in place under section 74 (4) of the Act. (3) A council must enter the information on the Register within 72 hours after any relevant information is received by the council. (4) In this clause, dog attack means an incident that involves or is alleged to involve a dog rushing at, attacking, biting, harassing or chasing a person or animal (other than vermin), whether or not any injury is caused to the person or animal, but not including an incident that occurs in the course of: (a) lawful hunting, or (b) the working of stock by the dog or the training of the dog in the working of stock, or (c) the working or training of a police dog. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 38 1040 LEGISLATION 20 February 2009 New South Wales Crimes (Forensic Procedures) Amendment (Corresponding Laws) Regulation 2009 under the Crimes (Forensic Procedures) Act 2000 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes (Forensic Procedures) Act 2000. JOHN HATZISTERGOS, M.L.C., AttorneyAttorney GeneralGeneral Explanatory note The Crimes (Forensic Procedures) Regulation 2008 prescribes certain laws of the Commonwealth, the States and Territories as corresponding laws for the purposes of the definition of corresponding law in section 95 of the Crimes (Forensic Procedures) Act 2000. That definition relates to the interstate enforcement of orders for carrying out forensic procedures and to the DNA database system. The object of this Regulation is to amend the Crimes (Forensic Procedures) Regulation 2008 to amend the list of laws prescribed as corresponding laws. This Regulation is made under the Crimes (Forensic Procedures) Act 2000, including sections 95 and 118 (the general regulation-making power). s2009-001-32.d06 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 38 20 February 2009 LEGISLATION 1041 Crimes (Forensic Procedures) Amendment (Corresponding Laws) Clause 1 Regulation 2009 Crimes (Forensic Procedures) Amendment (Corresponding Laws) Regulation 2009 under the Crimes (Forensic Procedures) Act 2000 1 Name of Regulation This Regulation is the Crimes (Forensic Procedures) Amendment (Corresponding Laws) Regulation 2009. 2 Amendment of Crimes (Forensic Procedures) Regulation 2008 The Crimes (Forensic Procedures) Regulation 2008 is amended by inserting after clause 15 (c): (c1) section 95B of the Prisons (Correctional Services) Act of the Northern Territory,