COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 No. 5.
Country
Type of law
Legislation
Abstract
The Act 2020 No. 5 to cope with the COVID-19 pandemic amends several NSW Acts: Annual Holidays Act 1944 No. 3; Associations Incorporation Act 2009 No. 7; Biodiversity Conservation Act 2016 No. 63; Children (Community Service Orders) Act 1987 No. 56; Children’s Guardian Act 2019 No 25; Community Land Management Act 1989 No. 202; Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 No. 122; Crimes (Administration of Sentences) Act 1999 No. 93; Crown Land Management Act 2016 No. 58, Electricity Supply Act 1995 No. 94; Environmental Planning and Assessment Act 1979 No. 203; Fair Trading Act 1987 No 68 (as amended by the Fair Trading Legislation Amendment (Reform) Act 2018); Fisheries Management Act 1994 No. 38; Human Tissue Act 1983 No. 164; Industrial Relations Act 1996 No. 17; Interpretation Act 1987 No. 15; Landlord and Tenant Regulation 2015; Local Government Act 1993 No. 30; Long Service Leave Act 1955 No 38; Mental Health Act 2007 No 8; Mining Act 1992 No. 29; Private Health Facilities Act 2007 No. 9; Property and Stock Agents Act 2002 No. 66; Protection of the Environment Operations Act 1997 No 156; Public Health Act 2010 No. 127; Registered Clubs Act 1976 No. 31; Residential Tenancies Act 2010 No. 42; Residential Tenancies Regulation 2019; Retirement Villages Act 1999 No. 81; Strata Schemes Management Act 2015 No. 50; Waste Avoidance and Resource Recovery Act 2001 No. 58; Water Management Act 2000 No. 92; Workers Compensation Act 1987 No. 70.
Regarding the Biodiversity Conservation Act 2016 No. 63, Crown Land Management Act 2016 No. 58, Mining Act 1992 No 29, Protection of the Environment Operations Act 1997 No 156, Water Management Act 2000 No 9, the Act 2020 No. 5 amends the Power of authorised officers to require answer, recognising audio or audio visual link as a valid remote system of communication to provide answers to the authorise instead of attending in person a specified place. Similarly for the Fisheries Management Act 1994 No 38 the production of records relating to commercial fishing activities and fish receivers can be given by audio link or audio-visual link.
The Community Land Management Act 1989 No. 202 is amended and Section 122A and Schedule 7, Clause 7 are added. Section 112A, to respond COVID-19 pandemic, allows to make under the Act Regulations that may provide for the following matters: a) altered arrangements for convening an association meeting; b) altered arrangements for the way voting may be conducted; c) an alternative to affixing the seal of the association, including any requirements for witnessing or attesting to the alternative way; d) extension of a time period in which a thing is required to be done under the Act. Regulations made under this Section may override a provision of this Act and cannot last more than 6 month or otherwise decided and the Section is repealed on 31 November 2020 or not later than 13 May 2021.
As per the Electricity Supply Act 1995 No 94 it is added Part 8B - Energy Security Safeguard to improve the affordability, reliability and sustainability of energy through the creation of financial incentives that encourage the consumption, contracting or supply of energy in particular ways.
The Environmental Planning and Assessment Act 1979 No 203 is amended in the Sections that regulate Lapsing of Consent; Continuance of and limitations on existing use and on other lawful uses; Time within which appeals may be made; Directions by Minister and Power of investigation officers to require answers and record evidence.
To the Waste Avoidance and Resource Recovery Act 2001 No 58 is added Section 53A (COVID 19 response—exemptions by EPA) where is stated that the EPA may exempt a person, or class of persons, from any specified provision of this Act or the regulations or from any agreement or arrangement made under the Act, if the EPA is satisfied the exemption is reasonable for the purposes of responding to the COVID-19 pandemic. (2) The exemption may be granted by the EPA on its own motion or on the application of a person. (3) The regulations may prescribe the way a person must apply for an exemption under this section. This section is repealed on 26 September 2020, or no later than 26 March 2021.
Regarding the Biodiversity Conservation Act 2016 No. 63, Crown Land Management Act 2016 No. 58, Mining Act 1992 No 29, Protection of the Environment Operations Act 1997 No 156, Water Management Act 2000 No 9, the Act 2020 No. 5 amends the Power of authorised officers to require answer, recognising audio or audio visual link as a valid remote system of communication to provide answers to the authorise instead of attending in person a specified place. Similarly for the Fisheries Management Act 1994 No 38 the production of records relating to commercial fishing activities and fish receivers can be given by audio link or audio-visual link.
The Community Land Management Act 1989 No. 202 is amended and Section 122A and Schedule 7, Clause 7 are added. Section 112A, to respond COVID-19 pandemic, allows to make under the Act Regulations that may provide for the following matters: a) altered arrangements for convening an association meeting; b) altered arrangements for the way voting may be conducted; c) an alternative to affixing the seal of the association, including any requirements for witnessing or attesting to the alternative way; d) extension of a time period in which a thing is required to be done under the Act. Regulations made under this Section may override a provision of this Act and cannot last more than 6 month or otherwise decided and the Section is repealed on 31 November 2020 or not later than 13 May 2021.
As per the Electricity Supply Act 1995 No 94 it is added Part 8B - Energy Security Safeguard to improve the affordability, reliability and sustainability of energy through the creation of financial incentives that encourage the consumption, contracting or supply of energy in particular ways.
The Environmental Planning and Assessment Act 1979 No 203 is amended in the Sections that regulate Lapsing of Consent; Continuance of and limitations on existing use and on other lawful uses; Time within which appeals may be made; Directions by Minister and Power of investigation officers to require answers and record evidence.
To the Waste Avoidance and Resource Recovery Act 2001 No 58 is added Section 53A (COVID 19 response—exemptions by EPA) where is stated that the EPA may exempt a person, or class of persons, from any specified provision of this Act or the regulations or from any agreement or arrangement made under the Act, if the EPA is satisfied the exemption is reasonable for the purposes of responding to the COVID-19 pandemic. (2) The exemption may be granted by the EPA on its own motion or on the application of a person. (3) The regulations may prescribe the way a person must apply for an exemption under this section. This section is repealed on 26 September 2020, or no later than 26 March 2021.
Attached files
Web site
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Amends