Government Gazette of the STATE of NEW SOUTH WALES Number 82 Friday, 4 July 2008 Published Under Authority by Government Advertising
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6525 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 82 Friday, 4 July 2008 Published under authority by Government Advertising LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 19 June 2008 IT is hereby notifi ed, 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. 30 2008 – An Act to amend the Summary Offences Act 1988 to make it an offence to possess or use a laser pointer in a public place, to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to include a laser pointer as a dangerous implement within the meaning of that Act; and for other purposes. [Summary Offences and Law Enforcement Legislation Amendment (Laser Pointers) Bill]. Act No. 31 2008 – An Act to establish a framework to enable third parties to gain access to certain natural gas pipeline services, to consequentially amend certain other Acts, to repeal the Gas Pipelines Access (New South Wales) Act 1998; and for other purposes. [National Gas (New South Wales) Bill]. RUSSELL D. GROVE, PSM, Clerk of the Legislative Assembly ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 25 June 2008 IT is hereby notifi ed, 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. 35 2008 – An Act to amend the Coal and Oil Shale Mine Workers (Superannuation) Act 1941 with respect to the legal effects of certain industrial agreements and superannuation contributions by mine owners; and for other purposes. [Coal and Oil Shale Mine Workers (Superannuation) Amendment Bill]. Act No. 36 2008 – An Act to amend the Environmental Planning and Assessment Act 1979 and other Acts and instruments to improve the NSW planning system. [Environmental Planning and Assessment Amendment Bill]. Act No. 37 2008 – An Act to amend the Building Professionals Act 2005 in relation to the accreditation of accredited certifi ers and other building professionals, the investigation of complaints and the taking of disciplinary action; and for other purposes. [Building Professionals Amendment Bill]. Act No. 38 2008 – An Act to amend the Strata Schemes Management Act 1996 and the Home Building Act 1989 to provide further rights and protections for owners of lots who are not developers; and for other purposes. [Strata Management Legislation Amendment Bill]. Act No. 39 2008 – An Act to amend various Acts and instruments with respect to approvals for the purposes of fi lming projects; and for other purposes. [Filming Related Legislation Amendment Bill]. 6526 LEGISLATION 4 July 2008 Act No. 40 2008 – An Act to amend the Fines Act 1996 in relation to the enforcement of fi nes and in relation to other matters concerning the administration of that Act; and for other purposes. [Fines Amendment Bill]. Act No. 41 2008 – An Act to amend the First State Superannuation Act 1992 so as to enable cash payments to employees to be substituted for superannuation contributions in relation to certain classes of employment. [First State Superannuation Amendment Bill]. Act No. 42 2008 – An Act to amend the Workplace Injury Management and Workers Compensation Act 1998 and the Workers Compensation Act 1987 to make further provision for the funding of the WorkCover Authority. [Workers Compensation Legislation Amendment (Financial Provisions) Bill]. RUSSELL D. GROVE, PSM, Clerk of the Legislative Assembly ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 30 June 2008 IT is hereby notifi ed, 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. 45 2008 – An Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of the Government for the year 2008–09 and to make additional appropriations to give effect to budget variations for the years 2007–08 and 2006–07. [Appropriation Bill]. Act No. 46 2008 – An Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of the Legislature for the year 2008–09. [Appropriation (Parliament) Bill]. Act No. 47 2008 – An Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of certain offi ces for the year 2008–09. [Appropriation (Special Offi ces) Bill]. Act No. 48 2008 – An Act to make miscellaneous amendments to State revenue and other legislation in connection with the Budget for the year 2008–2009. [State Revenue and Other Legislation Amendment (Budget) Bill]. Act No. 49 2008 – An Act with respect to the de-regulation of shop opening hours and restricted trading days, to repeal the Shops and Industries Act 1962 and to make consequential amendments to other Acts. [Shop Trading Bill]. RUSSELL D. GROVE, PSM, Clerk of the Legislative Assembly NEW SOUTH WALES GOVERNMENT GAZETTE No. 82 4 July 2008 LEGISLATION 6527 Proclamations MISCELLANEOUS ACTS (CASINO, LIQUOR AND GAMING) AMENDMENT ACT 2007 NO 92 Erratum THE Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 published in the Government Gazette of the 27 June 2008 No 76 folio 5867 contained an error. The ministers name did not appear on the proclamation. It should have read "GRAHAM WEST, M.P., Minister for Gaming and Racing" This erratum now amends that error with the gazettal date remaining the 27 June 2008. NEW SOUTH WALES GOVERNMENT GAZETTE No. 82 6528 LEGISLATION 4 July 2008 Regulations New South Wales Occupational Health and Safety Amendment (Major Hazard Facilities) Regulation 2008 under the Occupational Health and Safety Act 2000 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Occupational Health and Safety Act 2000. ERIC ROOZENDAAL, M.L.C., Acting Minister AssistingAssisting thethe MinisterMinister forfor FinanceFinance Explanatory note The object of this Regulation is to amend the Occupational Health and Safety Regulation 2001 to put in place measures aimed at preventing major accidents occurring at major hazard facilities and protecting the health and safety of persons at work and the public from hazards leading to, or arising from, such major accidents. Major hazard facilities are locations such as oil refineries, chemical plants and large fuel and chemical storage sites where large quantities of certain hazardous materials are stored, handled or processed. The National Occupational Health and Safety Commission under the National Occupational Health and Safety Commission Act 1985 of the Commonwealth (which has since been repealed) declared a national standard relating to the control of major hazard facilities. That standard now has effect as if it were made by the Australian Safety and Compensation Council. This Regulation inserts a new Chapter, Chapter 6B (Major hazard facilities), into the Occupational Health and Safety Regulation 2001. The new Chapter gives effect as a law of New South Wales to the hazard identification and risk assessment approach for the regulation of the major hazard facilities as outlined in the national standard. The new Chapter also requires major hazard facilities in the State to be registered. The new Chapter also contains provisions that deal with the following: (a) requiring operators of major hazard facilities to regularly review risk assessments, (b) requiring operators of major hazard facilities to ensure that all persons (including members of the public) are not exposed to risks to their health and safety arising from a major accident occurring at the facility, s2004-293-42.d16 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 82 4 July 2008 LEGISLATION 6529 Occupational Health and Safety Amendment (Major Hazard Facilities) Regulation 2008 Explanatory note (c) requiring persons who are operating, or are intending to operate, major hazard facilities or potential major hazard facilities, to notify the WorkCover Authority of that fact and provide other information, (d) the provisional registration of major hazard facilities by the WorkCover Authority, (e) the consequences of such provisional registration, including that operators of such facilities must comply with certain conditions, such as conditions relating to safety, emergency planning and security, (f) requiring operators of provisionally registered major hazard facilities to apply to be fully registered, (g) the registration of major hazard facilities, including the duration and renewal of such registration, (h) the consequences of such registration, including that the operator of such a facility must comply with certain conditions, such as conditions relating to safety, emergency planning and security, (i) the cancellation and suspension of such provisional registration or registration of major hazard facilities, (j) duties of employees at major hazard facilities, (k) the keeping of records of major accidents and other incidents at major hazard facilities, (l) security at major hazard facilities, (m) other related matters. This Regulation is made under the Occupational Health and Safety Act 2000,