Government Gazette of the STATE of NEW SOUTH WALES Number 125 Friday, 5 November 2010 Published Under Authority by Government Advertising
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5371 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 125 Friday, 5 November 2010 Published under authority by Government Advertising LEGISLATION Online notification of the making of statutory instruments Week beginning 25 October 2010 THE following instruments were officially notified on the NSW legislation website (www.legislation.nsw.gov.au) on the dates indicated: Proclamations commencing Acts Police Legislation Amendment (Recognised Law Enforcement Officers) Act 2010 No 58 (2010-607) — published LW 29 October 2010 Regulations and other statutory instruments Apiaries Amendment Regulation 2010 (2010-608) — published LW 29 October 2010 Local Court Rules (Amendment No 2) 2010 (2010-609) — published LW 29 October 2010 Marine Safety (General) Amendment (Lifejackets) Regulation 2010 (2010-610) — published LW 29 October 2010 Mental Health Amendment (Corresponding Laws) Regulation 2010 (2010-611) — published LW 29 October 2010 Police Amendment (Recognised Law Enforcement Officers) Regulation 2010 (2010-612) — published LW 29 October 2010 Public Health Amendment (Swine Influenza) Regulation 2010 (2010-613) — published LW 29 October 2010 Public Sector Employment and Management (Office of the Community Relations Commission) Order 2010 (2010-614) — published LW 29 October 2010 Environmental Planning Instruments Auburn Local Environmental Plan 2010 (2010-616) — published LW 29 October 2010 State Environmental Planning Policy (Major Development) Amendment (Port Botany) 2010 (2010-615) — published LW 29 October 2010 5372 LEGISLATION 5 November 2010 Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Office, Sydney, 1 November 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. 81 2010 – An Act to amend the Drug Misuse and Trafficking Act 1985 to make further provision with respect to the operation of the medically supervised injecting centre and to repeal the Drug Summit Legislative Response Act 1999. [Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Bill] Act No. 82 2010 – An Act to amend the Electricity Supply Act 1995 with respect to the solar bonus scheme (being the scheme for the payment of electricity supplied to the network by small retail customers using complying generators). [Electricity Supply Amendment (Solar Bonus Scheme) Bill] Act No. 83 2010 – An Act to establish and confer functions on the Parliamentary Budget Officer as an independent officer of Parliament; to provide for costings of election promises by that Officer; to repeal the Charter of Budget Honesty (Election Promises Costing) Act 2006; and for other purposes. [Parliamentary Budget Officer Bill] Act No. 84 2010 – An Act to amend the Protected Disclosures Act 1994 to make further provision for protecting public officials who make disclosures to which the Act applies; and for other purposes. [Protected Disclosures Amendment (Public Interest Disclosures) Bill] Act No. 85 2010 – An Act to amend the Protection of the Environment Operations Act 1997 to make provision in relation to programs to monitor the environmental impact of certain licensed activities. [Protection of the Environment Operations Amendment (Environmental Monitoring) Bill] Act No. 86 2010 – An Act to amend the Road Transport (Vehicle Registration) Act 1997 and other legislation with respect to the notification, registration and management of written-off vehicles; to repeal the Road Transport (General) Amendment (Written-off Vehicles) Act 2007; and for other purposes. [Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill] Act No. 87 2010 – An Act to amend the Veterinary Practice Act 2003 to make further provision in respect of complaints against veterinary practitioners and the powers and functions of the Veterinary Practitioners Board; and for other purposes. [Veterinary Practice Amendment Bill] RUSSELL D. GROVE, PSM, Clerk of the Legislative Assembly ACTS OF PARLIAMENT ASSENTED TO Legislative Council Office, Sydney, 1 November 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 Council and Legislative Assembly of New South Wales in Parliament assembled, viz.: Act No. 88, 2010 - An Act to make miscellaneous amendments to legislation relating to crimes, court proceedings and other matters. [Courts and Crimes Legislation Amendment Act 2010] LYNN LOVELOCK, Clerk of the Parliaments NEW SOUTH WALES GOVERNMENT GAZETTE No. 125 5 November 2010 LEGISLATION 5373 Other Legislation New South Wales Notice of Determination under the Threatened Species Conservation Act 1995 The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a determination pursuant to section 36A (1) (b) of that Act to amend the description of the following ecological community listed as endangered under Part 3 of Schedule 1 to that Act. Accordingly, that Part is amended by omitting the matter relating to Lower Hunter Spotted Gum—Ironbark Forest in the Sydney Basin Bioregion and by inserting in alphabetical order: Lower Hunter Spotted Gum—Ironbark Forest in the Sydney Basin Bioregion (as described in the determination of the Scientific Committee under Division 5 of Part 2) This Notice commences on the day on which it is published in the Gazette. Dated, this 21st day day of of October 2010. 2010. Dr Richard Major Chairperson of the Scientific Committee Copies of determination and reasons Copies of the 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. s2010-314-25.d04 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 125 C:\Docs\si\s2010-314\d04\s2010-314EXN.fm 7/9/10, 03:02 pm 5374 LEGISLATION 5 November 2010 THREATENED SPECIES CONSERVATION ACT 1995 Determination to make a minor amendment to Part 3 of Schedule 1 of the Threatened Species Conservation Act THE Scientific Committee, established under the Threatened Species Conservation Act, has made a Determination to make a minor amendment to Part 3 of Schedule 1 (Endangered ecological communities) of the Act by inserting the Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion (as described in the determination of the Scientific Committee under Division 5 Part 2) and as a consequence to omit reference to the Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion (as described in the final determination to list the ecological community) which was published on pages 420 to 426 in the New South Wales Government Gazette No. 26 dated 18 February 2005. Minor amendments to the Schedules are provided for by Division 5 of Part 2 of the Act. The Scientific Committee is of the opinion that the amendment is necessary or desirable to correct a minor error in the determination by removing reference to the Dungog Local Government Area as this Area does not occur in the Sydney Basin Bioregion (Thackway & Cresswell, 1995). The Scientific Committee has found that: 1. Lower Hunter Spotted Gum – Ironbark Forest in the Sydney Basin Bioregion is the name given to the ecological community that occurs principally on Permian geology in the central to lower Hunter Valley. The Permian substrates most commonly supporting the community belong to the Dalwood Group, the Maitland Group and the Greta and Tomago Coal Measures, although smaller areas of the community may also occur on the Permian Singleton and Newcastle Coal Measures and the Triassic Narrabeen Group (NSW Department of Mines 1966, 1969). The community is strongly associated with, though not restricted to, the yellow podsolic and solodic soils of the Lower Hunter soil landscapes of Aberdare, Branxton and Neath (Kovac and Lawrie 1991). These substrates are said to produce ‘moderately fertile’ soils (Kovac and Lawrie 1991). Lower Hunter Spotted Gum – Ironbark Forest is dominated by Corymbia maculata, (Spotted Gum) and Eucalyptus fibrosa (Broad-leaved Ironbark), while E. punctata (Grey Gum) and E. crebra (Grey Ironbark) occur occasionally. A number of other eucalypt species occur at low frequency, but may be locally common in the community. One of these species, E. canaliculata, intergrades extensively in the area with E. punctata. The understorey is marked by the tall shrub, Acacia parvipinnula, and by the prickly shrubs, Daviesia ulicifolia, Bursaria spinosa, Melaleuca nodosa and Lissanthe strigosa. Other shrubs include Persoonia linearis, Maytenus silvestris and Breynia oblongifolia. The ground layer is diverse; frequent species include Cheilanthes sieberi, Cymbopogon refractus, Dianella revoluta, Entolasia stricta, Glycine clandestina, Lepidosperma laterale, Lomandra multiflora, Microlaena stipoides, Pomax umbellata, Pratia purpurascens, Themeda australis and Phyllanthus hirtellus (NPWS 2000, Hill 2003, Bell 2004). In an undisturbed condition the structure of the community is typically