Government Gazette of the STATE of NEW SOUTH WALES Number 93 Friday, 21 July 2006 Published Under Authority by Government Advertising LEGISLATION Proclamation
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5747 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 93 Friday, 21 July 2006 Published under authority by Government Advertising LEGISLATION Proclamation New South Wales Proclamation under the Drug Misuse and Trafficking Amendment Act 2006 No 39 MARIE BASHIR, 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 Drug Misuse and Trafficking Amendment Act 2006, do, by this my Proclamation, appoint 24 July 2006 as the day on which that Act commences, other than the following provisions: (a) Schedule 1 [16], [20], [22], [25] and [27], (b) so much of Schedule 1 [24] as inserts the matter relating to 1,4-Butanediol and Gamma butyrolactone into Schedule 1 to the Drug Misuse and Trafficking Act 1985. Signed and sealed at Sydney, this 19th day of July 2006. By Her Excellency’s Command, BOB DEBUS, M.P., Attorney General L.S. GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence certain provisions of the Drug Misuse and Trafficking Amendment Act 2006. The uncommenced provisions relate to the addition of the substances 1,4-Butanediol and Gamma butyrolactone to Schedule 1 to the Drug Misuse and Trafficking Act 1985 (being the schedule of prohibited drugs) and a new defence in relation to the use of these substances in industry. s06-335-32.p01 Page 1 5748 LEGISLATION 21 July 2006 Rules New South Wales Criminal Appeal Rules (Amendment No 3) 2006 under the Supreme Court Act 1970 The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 17 July 2006. Steven Jupp Secretary of the Rule Committee Explanatory note The object of these Rules is to revise a rule that deals with the certificate of conviction that is issued by a court of trial. Such a certificate will be required to include a note as to the convicted person’s rights of appeal with respect to the conviction or, if an appeal or notice of intention to appeal has been filed, as to the fact of it’s having been filed. s06-087-18.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 93 21 July 2006 LEGISLATION 5749 Rule 1 Criminal Appeal Rules (Amendment No 3) 2006 Criminal Appeal Rules (Amendment No 3) 2006 under the Supreme Court Act 1970 1 Name of Rules These Rules are the Criminal Appeal Rules (Amendment No 3) 2006. 2 Amendment of Criminal Appeal Rules The Criminal Appeal Rules are amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 93 5750 LEGISLATION 21 July 2006 Criminal Appeal Rules (Amendment No 3) 2006 Amendment Schedule 1 Schedule 1 Amendment (Rule 2) Rule 19 Omit the rule. Insert instead: 19 Certificates of conviction (1) A certificate of conviction issued by a Court of Trial must include a note: (a) to the effect that an appeal against the conviction may be made within 3 months after the conviction or within such extended time as the Court may allow, or (b) if an appeal or notice of intention to appeal against the conviction has been filed, to the effect that such an appeal or notice of intention has been filed. (2) Failure to include such a note in a certificate of conviction does not invalidate the certificate. (3) This rule does not apply to a conviction that has been quashed. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 93 21 July 2006 LEGISLATION 5751 New South Wales Supreme Court Rules (Amendment No 411) 2006 under the Supreme Court Act 1970 The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 17 July 2006. Steven Jupp Secretary of the Rule Committee Explanatory note The object of these Rules is to repeal certain provisions of the Supreme Court Rules 1970 that are being transferred to the Uniform Civil Procedure Rules 2005. s06-111-18.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 93 5752 LEGISLATION 21 July 2006 Rule 1 Supreme Court Rules (Amendment No 411) 2006 Supreme Court Rules (Amendment No 411) 2006 under the Supreme Court Act 1970 1 Name of Rules These Rules are the Supreme Court Rules (Amendment No 411) 2006. 2 Amendment of Supreme Court Rules 1970 The Supreme Court Rules 1970 are amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 93 21 July 2006 LEGISLATION 5753 Supreme Court Rules (Amendment No 411) 2006 Amendments Schedule 1 Schedule 1 Amendments (Rule 2) [1] Part 12, rules 1, 2 and 3 Omit the rules. [2] Parts 14, 14A, 14B, 14C, 14D, 48, 49, 54, 57, 72A, 81 and 83 Omit the Parts. [3] Schedule I Omit the Schedule. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 93 5754 LEGISLATION 21 July 2006 Other Legislation New South Wales Notice adjusting description of lands under the National Park Estate (Southern Region Reservations) Act 2000 I, the Director-General of the Department of Environment and Conservation, with the approval of the Minister administering the National Parks and Wildlife Act 1974, the Minister administering the Forestry Act 1916 and the Minister administering the provisions of the Roads Act 1993 relating to classified roads, and pursuant to section 10 of the National Park Estate (Southern Region Reservations) Act 2000 (the Act), adjust the description of the land in Schedule 2 to the Act by amending that Schedule as set out in Schedule 1 to this Notice. In accordance with section 10 (5) of the Act, I certify that the adjustments effected by this notice will not result in any significant reduction in the size or value of national park estate land or State forest land. In accordance with section 10 (9) of the Act, I declare that Lot 24 DP 1087398 and Lot 10 DP 1080225 are part of Main Road 92 and, accordingly, are vested in the roads authority for that main road under the Roads Act 1993. LISA CORBYN Director-General of the Department of Environment and Conservation Dated this 19th day of May 2006. s05-530-10.p02 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 93 21 July 2006 LEGISLATION 5755 Notice adjusting description of lands Schedule 1 Amendments Schedule 1 Amendments [1] Schedule 2 Crown lands reserved as national park or state recreation area or dedicated as nature reserve Insert “However, that area does not include Lot 24 DP 1087398.” at the end of the tenth paragraph of clause 47 (being the paragraph relating to the land designated as 22–19 on the diagram catalogued Misc R 00071 (Third Edition)). [2] Schedule 2, clause 47 Insert “However, that area does not include Lot 10 DP 1080225.” at the end of the thirteenth paragraph (being the paragraph relating to the land designated as 22–22 on the diagram catalogued Misc R 00072 (Third Edition)). Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 93 5756 LEGISLATION 21 July 2006 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 species as an endangered species under that Act and, accordingly, Schedule 1 to that Act is amended by inserting in Part 1 in alphabetical order under the heading “Orchidaceae” (under the heading “Plants”): Caladenia porphyrea D.L. Jones Dated, this 27th day of May 2006. Associate Professor Lesley Hughes 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.nationalparks.nsw.gov.au, (b) by contacting the Scientific Committee Support Unit, by post C/- Department of Environment and Conservation, PO Box 1967, Hurstville, 2220, by telephone (02) 9585 6940 or by facsimile (02) 9585 6606, (c) in person at the Department of Environment and Conservation Information Centre, Level 14, 59-61 Goulburn St, Sydney. s06-239-25.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 93 21 July 2006 OFFICIAL NOTICES 5757 OFFICIAL NOTICES Appointments ABORIGINAL LAND RIGHTS ACT 1983 INTERNAL AUDIT BUREAU ACT 1992 Notice Chief Executive Service Appointment Under Section 8(1) I, the Honourable MILTON ORKOPOULOS, M.P., Minister for Aboriginal Affairs, following approval by the New South HER Excellency the Governor, with the advice of the Wales Aboriginal Land Council, do, by this notice pursuant Executive Council, pursuant to the provisions of the Internal to section 231(2) of the Aboriginal Land Rights Act 1983 Audit Bureau Act 1992, has appointed the offi cer listed below (the Act) and sections 48(1) and 36(3) of the Interpretation to the chief executive service position as specifi ed: Act 1987, extend the appointment of Mr Terry LAWLER as Internal Audit Bureau of New South Wales Administrator to the Koompahtoo Local Aboriginal Land Stephen HORNE, Chief Executive [24 July 2006]. Council for a maximum period of twelve (12) calendar months, effective retrospectively from 14 June 2006. During The Hon. MICHAEL COSTA, M.L.C., the period of his appointment, the Administrator will have Treasurer, all of the functions of a Local Aboriginal Land Council as Minister for Infrastructure specifi ed in section 52(1) of the Act, and any other duties and Minister for the Hunter as specified by the agreed terms of appointment. The Administrator’s remuneration is not to exceed $180,000 dollars, plus GST.