Gazette No 118 of 1 October 2010
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4967 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 118 Friday, 1 October 2010 Published under authority by Government Advertising LEGISLATION Online notification of the making of statutory instruments Week beginning 20 September 2010 THE following instruments were officially notified on the NSW legislation website (www.legislation.nsw.gov.au) on the dates indicated: Proclamations commencing Acts Commercial Arbitration Act 2010 No. 61 (2010-541) – published LW 24 September 2010 Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009 No. 102 (2010-542) – published LW 24 September 2010 Regulations and other statutory instruments Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2010 (2010-544) – published LW 24 September 2010 Environmental Planning and Assessment (Burwood Town Centre Planning Panel) Amendment Order 2010 (2010-545) – published LW 24 September 2010 Management of Waters and Waterside Lands Amendment (Fees) Regulation 2010 (2010-546) – published LW 24 September 2010 Marine Safety (General) Further Amendment (Fees) Regulation 2010 (2010-547) – published LW 24 September 2010 National Parks and Wildlife Amendment (Aboriginal Objects and Aboriginal Places) Regulation 2010 (2010-548) – published LW 24 September 2010 Order under section 17 (1) of the Civil Liability Act 2002 (2010-543) – published LW 24 September 2010 Parliamentary Electorates and Elections Amendment (Transitional Provisions) Regulation 2010 (2010-549) – published LW 24 September 2010 Environmental Planning Instruments Liverpool Local Environmental Plan 2008 (Amendment No. 7) (2010-550) – published LW 24 September 2010 4968 LEGISLATION 1 October 2010 Maitland Local Environmental Plan 1993 (Amendment No. 104) (2010-551) – published LW 24 September 2010 Maitland Local Environmental Plan 1993 (Amendment No. 105) (2010-552) – published LW 24 September 2010 Penrith Local Environmental Plan 2010 (2010-540) – published LW 22 September 2010 Singleton Local Environmental Plan 1996 (Amendment No. 71) (2010-553) – published LW 24 September 2010 Wingecarribee Local Environmental Plan 2010 (Amendment No. 1) (2010-554) – published LW 24 September 2010 NEW SOUTH WALES GOVERNMENT GAZETTE No. 118 1 October 2010 LEGISLATION 4969 Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney 28 September 2010 IT is hereby notified, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Acts passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No. 68 2010 – An Act to amend the Electronic Transactions Act 2000 and related legislation to make further provision in respect of electronic transactions. [Electronic Transactions Amendment Bill]. Act No. 69 2010 – An Act to amend the Evidence Act 1995 to make further provision with respect to the privilege against self-incrimination and the unavailability of witnesses; and for other purposes. [Evidence Amendment Bill]. Act No. 70 2010 – An Act to amend the Plant Diseases Act 1924 with respect to orders to prevent the introduction or spread of diseases and pests affecting plants or fruit; and for other purposes. [Plant Diseases Amendment Bill]. Act No. 71 2010 – An Act to amend various Acts to provide for the Information and Privacy Commission and the Information and Privacy Advisory Committee, and to make further provision with respect to privacy protection principles and the office, role, functions and staff of the Information Commissioner and the Privacy Commissioner. [Privacy and Government Information Legislation Amendment Bill]. Act No. 72 2010 – An Act to amend the Terrorism (Police Powers) Act 2002 as a consequence of a review carried out under section 36 of that Act. [Terrorism (Police Powers) Amendment Bill]. RUSSELL D. GROVE, PSM, Clerk of the Legislative Assembly ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney 29 September 2010 IT is hereby notified, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Act passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No. 73 2010— An Act in relation to assumed identities; to repeal the Law Enforcement and National Security (Assumed Identities) Act 1998; and for other purposes. [Law Enforcement and National Security (Assumed Identities) Bill] RUSSELL D. GROVE, PSM, Clerk of the Legislative Assembly NEW SOUTH WALES GOVERNMENT GAZETTE No. 118 4970 LEGISLATION 1 October 2010 Other Legislation New South Wales Notice of Final Determination under the Threatened Species Conservation Act 1995 The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the following matter as a key threatening process under that Act and, accordingly, Schedule 3 to that Act is amended by inserting in alphabetical order: Invasion of native plant communities by African Olive Olea europaea L. subsp. cuspidata (Wall ex G.Don Cirferri) This Notice commences on the day on which it is published in the Gazette. Dated,Dated, thisthis 19th day day of of September 2010. 2010. Dr Richard Major Chairperson of the Scientific Committee Copies of final determination and reasons Copies of the final determination and the reasons for it are available to members of the public (free of charge) as follows: (a) on the Internet at www.environment.nsw.gov.au, (b) by contacting the Scientific Committee Unit, by post C/- Department of Environment, Climate Change and Water, PO Box 1967, Hurstville BC, 1481, by telephone (02) 9585 6940 or by facsimile (02) 9585 6989, (c) in person at the Department of Environment, Climate Change and Water Information Centre, Level 14, 59–61 Goulburn Street, Sydney. s2010-360-25.d04 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 118 C:\Docs\si\s2010-360\d04\s2010-360EXN.fm 13/9/10, 12:29 pm 1 October 2010 OFFICIAL NOTICES 4971 OFFICIAL NOTICES Appointments CASINO, LIQUOR AND GAMING CONTROL AUTHORITY ACT 2007 Communities NSW Appointment of members to the Casino, Liquor and Gaming Control Authority HER Excellency the Governor, with the advice of the Executive Council, has appointed the following persons under section 7(1)(b) of the Casino, Liquor and Gaming Control Authority Act 2007 as a part-time member of the Casino, Liquor and Gaming Control Authority for the period specifi ed against the name of each person: 1. Sharryn Dawn Brownlee (13 October 2010 to 12 October 2012 inclusive) 2. Kenneth Maxwell Brown AM (6 March 2011 to 5 March 2013 inclusive) KEVIN GREENE, M.P., Minister for Gaming and Racing Minister for Major Events Minister for Sport and Recreation RURAL FIRES ACT 1997 Appointment of Member Bush Fire Coordinating Committee I, STEVE WHAN MP Minister for Emergency Services, in pursuance of section 47 (1) (l) of the Rural Fires Act 1997, appoint the following person as a Member of the Bush Fire Coordinating Committee: Wendy Graham for the remainder of the fi ve-year period expiring on 1 March 2013. STEVE WHAN, M.P., Minister for Emergency Services NEW SOUTH WALES GOVERNMENT GAZETTE No. 118 4972 OFFICIAL NOTICES 1 October 2010 Department of Industry and Investment FISHERIES MANAGEMENT ACT 1994 FISHERIES MANAGEMENT (AQUACULTURE) REGULATION 2007 Notifi cation under Clause 33 (4) Proposed Tender of Aquaculture Leases in the Manning River, Wallis Lake, Port Stephens, Brisbane Water, Clyde River and Tuross Lake INDUSTRY & INVESTMENT NSW (I&I NSW) is offering by public tender eighteen (18) areas of public water land in various estuaries in NSW, for the purpose of oyster aquaculture. GIS Survey Lease No. Lease Area (ha) Estuary / Location OISAS Status Available OL57/209 0.7301 Manning River POAA Yes OL81/258 0.1818 Manning River POAA Yes OL86/145 0.1719 Manning River POAA Yes OL60/189 0.1673 Wallis Lake POAA Yes OL79/040 4.0806 Port Stephens POAA Yes OL96/043 0.3499 Port Stephens POAA Yes AL01/028 2.0566 Port Stephens POAA Yes AL10/006 1.3041 Port Stephens (formerly OL65/152-2) POAA No OL68/196 2.4912 Brisbane Water POAA Yes OL88/076 0.8369 Brisbane Water POAA Yes OL96/022 0.6986 Brisbane Water POAA Yes OL96/035 2.4395 Brisbane Water POAA Yes OL98/013 0.8239 Brisbane Water POAA Yes AL02/022 3.5261 Brisbane Water POAA Yes AL09/008 0.6 (approx.) Clyde River Non-POAA No OL65/006 1.5159 Tuross Lake POAA Yes OL74/164 0.7244 Tuross Lake POAA Yes OL81/031 0.0773 Tuross Lake POAA Yes Proposed oyster lease AL09/008 applies to an area of water which is not in a priority oyster aquaculture area (Non- POAA) under the NSW Oyster Industry Sustainable Aquaculture Strategy (OISAS). As such, the successful tenderer(s) of this lease will be required to obtain development consent from Council under Part 4 of the Environmental Planning and Assessment Act 1979. An approved GIS survey is not available for proposed leases AL10/006 and AL09/008. The successful tenderer(s) will be required to obtain an approved survey, to be completed by a registered surveyor at the expense of the successful tenderer(s). All tenders must be marked ‘Confi dential’ and submitted to: Tender Box, Industry & Investment NSW, Locked Bag 1, Nelson Bay, NSW, 2315. A completed application form must be submitted for each lease tendered for. Tenders must be received at this address no later than 4:30 pm on Tuesday, 2 November 2010. Any lease granted as a result of the tender will be subject to standard covenants and conditions of an aquaculture lease and aquaculture permit as prescribed under the Fisheries Management Act 1994, including payment of prescribed annual fees and charges. Lease rent is charged annually, currently at $49 per hectare (excl. GST), which is subject to an annual Consumer Price Index adjustment. Tenure of a lease will be up to 15 years. Leases will be tendered “as is” condition.