Biodiversity Conservation Act 2016

Savings, transitional and other provisions Part 1 General 1 Regulations (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act, the Local Land Services Amendment Act 2016 or any Act that amends this Act (or Part 5A of, or Schedule 5A to, the Local Land Services Act 2013 ). (2) Any such provision has effect despite anything to the contrary in this Schedule. The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions. (3) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date. (4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. Part 2 General provisions consequent on enactment of this Act and the Local Land Services Amendment Act 2016 2 Definition of “former Act” In this Schedule— former Act means any of the following Acts or parts of Acts— (a) Native Vegetation Act 2003 , (b) Threatened Species Conservation Act 1995 , (c) Nature Conservation Trust Act 2001 , (d) that part of the National Parks and Wildlife Act 1974 that is repealed by this Act. 3 References to former Act (1) A reference in any Act or statutory or other instrument, or in any contract or agreement, (other than in this Act or an instrument made under this Act)— (a) to a former Act is to be read as including a reference to this Act, or (b) to a provision of a former Act is to be read as including a reference to a corresponding provision of this Act. (2) This clause has effect subject to this Schedule (and to the regulations under this Schedule) and to any contrary intention in the provision in which the relevant reference occurs. 4 General saving (1) If anything done under a former Act before the repeal of the former Act and still having effect immediately before that repeal could have been done under this Act if this Act had been in force when the thing was done, the thing done continues to have effect as if it had been done under this Act. (2) This clause has effect subject to this Schedule (and to the regulations under this Schedule) and to any contrary intention. Part 3 Note. See Biodiversity Conservation (Savings and Transitional) Regulation 2017 for detailed savings and transitional provisions consequent on the enactment of this Act and the Local Land Services Amendment Act 2016 . Part 4 Provisions consequent on the Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 5 Strategy for the transitioning of the biodiversity offsets scheme to net positive The Minister must make the strategy for the transitioning of the biodiversity offsets scheme to net positive under section 6.2A as soon as practicable after the commencement of that section. 6 Application of amounts from Biodiversity Conservation Fund (1) This clause applies to the application of an amount by the Biodiversity Conservation Trust under section 6.31 before the commencement of this section. (2) The application is not invalid merely because the amount applied was not equal to the amount paid into the Biodiversity Conservation Fund to satisfy an obligation to retire biodiversity credits under section 6.30 to which the application related.