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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
RedfernWaterloo Authority Repeal
Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of RedfernWaterloo Authority Act 2004 No 107 2
Schedule 1 Amendment of Growth Centres (Development
Corporations) Act 1974 No 49 3
Schedule 2 Consequential amendment of other Acts 7
b2011-114-12.d10
New South Wales
RedfernWaterloo Authority Repeal
Bill 2011
No , 2011
A Bill for
An Act to repeal the RedfernWaterloo Authority Act 2004; to dissolve the
RedfernWaterloo Authority and to transfer the assets, rights, liabilities and certain
functions of that Authority to the Sydney Metropolitan Development Authority; and
for other purposes.
Clause 1 RedfernWaterloo Authority Repeal Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the RedfernWaterloo Authority Repeal Act 2011. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
3 Repeal of RedfernWaterloo Authority Act 2004 No 107 6
The RedfernWaterloo Authority Act 2004 is repealed. 7
Page 2
RedfernWaterloo Authority Repeal Bill 2011
Amendment of Growth Centres (Development Corporations) Act 1974 Schedule 1
No 49
Schedule 1 Amendment of Growth Centres 1
(Development Corporations) Act 1974 2
No 49 3
[1] Schedule 6 Savings, transitional and other provisions 4
Insert at the end of clause 3 (1): 5
RedfernWaterloo Authority Repeal Act 2011 6
[2] Schedule 6 7
Insert after Part 3: 8
Part 4 RedfernWaterloo Authority Repeal Act 9
2011 10
12 Definitions 11
In this Part: 12
ATPSL means Australian Technology Park Sydney Limited 13
(ACN 060 969 119) and, if the name of that company is duly 14
changed, includes the company under its changed name. 15
former Authority means the RedfernWaterloo Authority 16
constituted under the RedfernWaterloo Authority Act 2004 as in 17
force immediately before its repeal. 18
RedfernWaterloo Fund has the same meaning as in the 19
repealed Act. 20
repeal date means the date on which the RedfernWaterloo 21
Authority Act 2004 is repealed by the RedfernWaterloo 22
Authority Repeal Act 2011. 23
repealed Act means the RedfernWaterloo Authority Act 2004. 24
SMDA means the Sydney Metropolitan Development Authority. 25
13 Dissolution of former Authority 26
(1) On the repeal date, the former Authority is dissolved. 27
(2) On the repeal date: 28
(a) each person appointed as a member of the Board of the 29
former Authority ceases to hold office as such a member, 30
and 31
(b) each person appointed as a member of an advisory 32
committee under section 12 of the repealed Act ceases to 33
hold office as such a member. 34
Page 3
RedfernWaterloo Authority Repeal Bill 2011
Schedule 1 Amendment of Growth Centres (Development Corporations) Act 1974
No 49
(3) A person who ceases to hold office under this clause is not 1
entitled to any remuneration or compensation because of the loss 2
of that office. 3
(4) On the repeal date, any member of staff of the Office of the 4
former Authority is transferred to the Office of SMDA. 5
(5) On and from the repeal date, a reference in any Act, in any 6
instrument made under an Act or in a document of any kind: 7
(a) to the former Authority is to be construed as a reference to 8
SMDA, or 9
(b) to the Office of the former Authority (in relation to any 10
member of staff transferred under subclause (4)) is to be 11
construed as a reference to the Office of SMDA. 12
14 Abolition of RedfernWaterloo Fund 13
(1) On the repeal date, the RedfernWaterloo Fund is abolished. 14
(2) A reference in this Part to the assets, rights and liabilities of the 15
former Authority extends to assets, rights and liabilities in 16
connection with the RedfernWaterloo Fund. 17
15 Transfer of assets, rights and liabilities of former Authority 18
(1) On the repeal date, the assets, rights and liabilities of the former 19
Authority are transferred to SMDA. 20
(2) Part 2 of Schedule 1A has effect in relation to the transfer under 21
this clause as if a reference in that Part to an order were a 22
reference to this clause. 23
16 Subsequent transfer of specified assets, rights and liabilities by 24
order 25
(1) The Minister may, by order in writing, transfer to another public 26
sector agency any assets, rights and liabilities transferred to 27
SMDA under clause 15 that are specified or referred to in the 28
order. 29
(2) Part 2 of Schedule 1A has effect in relation to a transfer under this 30
clause as if a reference in that Part to an order were a reference to 31
an order under this clause. 32
(3) This clause does not apply to the asset consisting of the interest, 33
transferred under clause 15, that SMDA has in ATPSL. 34
(4) In this clause, public sector agency means any of the following: 35
(a) the State (including the Crown in right of the State), 36
(b) a Minister, 37
Page 4
RedfernWaterloo Authority Repeal Bill 2011
Amendment of Growth Centres (Development Corporations) Act 1974 Schedule 1
No 49
(c) the Ministerial Development Corporation, 1
(d) the Ministerial Holding Corporation constituted by the 2
State Owned Corporations Act 1989, 3
(e) a State owned corporation within the meaning of the State 4
Owned Corporations Act 1989, 5
(f) a public authority of the State, 6
(g) any other person acting on behalf of the State (or the 7
Crown in right of the State). 8
(5) An order may not be made under this clause more than 2 years 9
after the commencement of this clause. 10
17 Australian Technology Park Sydney Limited 11
(1) On and from the repeal date, SMDA has such functions as are 12
necessary or convenient for the purposes of managing the affairs 13
of ATPSL. 14
(2) Those functions are additional to the functions that SMDA has, 15
as a development corporation, under this or any other Act. 16
(3) However, SMDA cannot: 17
(a) sell or dispose of an interest in ATPSL, or 18
(b) approve of another person becoming a member of ATPSL. 19
(4) ATPSL may continue to exercise any function that it could 20
exercise immediately before the repeal date. 21
18 Development contributions 22
(1) This clause applies on and from the repeal date. 23
(2) Sections 3032 of the repealed Act continue to have effect. 24
(3) A reference in those sections or in any related contributions 25
instrument to payment of money into the RedfernWaterloo 26
Fund is taken to be a reference to payment into a fund used by 27
SMDA for the purposes of those sections. 28
(4) A reference in section 32 of the repealed Act or in any related 29
contributions instrument: 30
(a) to the former Authority is taken to be a reference to 31
SMDA, or 32
(b) to the Minister administering the repealed Act is taken to 33
be a reference to the Minister administering this Act. 34
Page 5
RedfernWaterloo Authority Repeal Bill 2011
Schedule 1 Amendment of Growth Centres (Development Corporations) Act 1974
No 49
(5) For the purposes of enabling SMDA to enter into a planning 1
agreement under Division 6 of Part 4 of the Environmental 2
Planning and Assessment Act 1979, any public notice given or 3
other action taken by the former Authority for the purposes of the 4
agreement, is taken to have been given or taken by SMDA. 5
(6) In this clause, related contributions instrument means any of the 6
following: 7
(a) any condition referred to in section 30 or 31 of the repealed 8
Act, 9
(b) any contributions plan referred to in section 32 of the 10
repealed Act, 11
(c) any planning agreement entered into under section 28A of 12
the repealed Act. 13
19 Saving of RedfernWaterloo Plan 14
(1) The RedfernWaterloo Plan is taken to be an approved scheme: 15
(a) for any part of the growth centre in respect of which 16
SMDA is constituted that is within the operational area, 17
and 18
(b) to the extent that the Plan contains proposals of the kind 19
referred to in section 7 (2) (a). 20
(2) This clause ceases to have effect when another approved scheme 21
for the growth centre in respect of which SMDA is constituted 22
takes effect. 23
(3) In this clause: 24
operational area has the same meaning as under the repealed 25
Act. 26
RedfernWaterloo Plan means the plan of that name, as in force 27
immediately before the repeal date, under section 27 of the 28
repealed Act. 29
20 Matters affecting the Aboriginal Housing Company and "the 30
Block" 31
(1) Section 33 of the repealed Act continues to have effect as if a 32
reference to the Minister administering the repealed Act were a 33
reference to the Minister administering this Act. 34
(2) This clause ceases to have effect when the area of land bounded 35
by Eveleigh, Caroline, Louis and Vine Streets, Redfern, ceases to 36
be within the growth centre in respect of which SMDA is 37
constituted. 38
Page 6
RedfernWaterloo Authority Repeal Bill 2011
Consequential amendment of other Acts Schedule 2
Schedule 2 Consequential amendment of other Acts 1
2.1 Fines Act 1996 No 99 2
Schedule 1 Statutory provisions under which penalty notices issued 3
Omit the following: 4
RedfernWaterloo Authority Act 2004, section 47 5
2.2 Public Finance and Audit Act 1983 No 152 6
Schedule 2 Statutory bodies 7
Omit "RedfernWaterloo Authority". 8
2.3 Public Sector Employment and Management Act 2002 No 43 9
Schedule 1 Divisions of the Government Service 10
Omit the matter relating to the Office of the RedfernWaterloo Authority from 11
Division 2 of Part 1. 12
2.4 Statute Law (Miscellaneous Provisions) Act (No 2) 2008 13
No 114 14
Schedule 2 Amendments by way of statute law revision 15
Omit Schedule 2.23. 16
Page 7
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