New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Waste Recycling and Processing
Corporation Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Waste Recycling and Processing Corporation
4 Establishment of Waste Recycling and Processing
Corporation as statutory SOC 4
5 Principal objectives of Corporation 4
6 Functions of Corporation 5
7 Board of directors 6
8 Chief executive officer 7
9 Acting chief executive officer 7
10 Application of State Owned Corporations Act 1989 8
Waste Recycling and Processing Corporation Bill 2001
Contents
Page
Part 3 Dissolution of Waste Recycling and Processing Service
11 Dissolution of Waste Recycling and Processing Service 9
12 Corporation is same legal entity as Waste Recycling and
Processing Service 9
13 Transfer of general assets, rights and liabilities of Waste
Recycling and Processing Service 9
14 Transfer of specified assets, rights and liabilities of Waste
Recycling and Processing Service 10
Part 4 Miscellaneous
15 Environmental reporting indicators 11
16 Waste received by Corporation 11
17 Regulations 11
18 Repeal 11
19 Consequential amendments 11
20 Savings, transitional and other provisions 12
21 Review of Act 12
Schedules
1 Transfer of assets, rights and liabilities 13
2 Transfer of staff of Waste Recycling and Processing
Service 16
3 Consequential amendments 18
4 Savings, transitional and other provisions 21
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Waste Recycling and Processing
Corporation Bill 2001
Act No , 2001
An Act to establish the Waste Recycling and Processing Corporation as a statutory
State owned corporation to exercise certain functions in relation to waste; to
dissolve the Waste Recycling and Processing Service of New South Wales; to make
consequential amendments to other legislation; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Waste Recycling and Processing Corporation Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Waste Recycling and Processing Corporation
Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Definitions
(1) In this Act:
assets means any legal or equitable estate or interest (whether present
or future and whether vested or contingent) in real or personal
property of any description (including money), and includes securities,
choses in action and documents.
Corporation means the statutory State owned corporation constituted
by this Act.
energy recovery means a process by which energy, such as heat,
electrical energy or kinetic energy, is recovered in a useful form from
waste.
exercise a function includes perform a duty.
function includes a power, authority or duty.
liabilities means any liabilities, debts or obligations (whether present
or future and whether vested or contingent).
Ministerial Holding Corporation means the Ministerial Holding
Corporation constituted under section 37B of the State Owned
Corporations Act 1989.
principles of ecologically sustainable development means the
principles of ecologically sustainable development contained in section
6 (2) of the Protection of the Environment Administration Act 1991.
rights means any rights, powers, privileges or immunities (whether
present or future and whether vested or contingent).
Page 2
Waste Recycling and Processing Corporation Bill 2001 Clause 3
Preliminary Part 1
secondary resource means any resource (including energy in any
useful form) that is recovered from waste as a result of secondary
resource recovery.
secondary resource facility means any premises used for secondary
resource recovery.
secondary resource recovery means a process by which a resource is
recovered from waste, such as by re-using, recycling or reprocessing
waste, and includes energy recovery.
waste has the same meaning as in the Protection of the Environment
Operations Act 1997.
waste facility means any premises used for the reprocessing, sorting or
disposal of waste, and includes a landfill site.
Waste Recycling and Processing Service means the corporation
constituted by the Waste Recycling and Processing Service Act 1970
with the name "Waste Recycling and Processing Service of New South
Wales".
(2) Words and expressions used in this Act and also the State Owned
Corporations Act 1989 have the same meanings in this Act as they
have in that Act.
Page 3
Clause 4 Waste Recycling and Processing Corporation Bill 2001
Part 2 Waste Recycling and Processing Corporation
Part 2 Waste Recycling and Processing Corporation
4 Establishment of Waste Recycling and Processing Corporation as
statutory SOC
(1) There is constituted by this Act a corporation with the corporate name
of Waste Recycling and Processing Corporation.
(2) The State Owned Corporations Act 1989 is amended by inserting in
Schedule 5, in alphabetical order, the words "Waste Recycling and
Processing Corporation".
5 Principal objectives of Corporation
(1) The principal objectives of the Corporation are as follows:
(a) to be a successful business and, to this end:
(i) to operate at least as efficiently as any comparable
businesses, and
(ii) to maximise the net worth of the State's investment in
it, and
(iii) to exhibit a sense of social responsibility by having
regard to the interests of the community in which it
operates,
(b) to protect the environment by conducting its operations in
compliance with the principles of ecologically sustainable
development contained in section 6 (2) of the Protection of the
Environment Administration Act 1991,
(c) to exhibit a sense of responsibility towards regional
development and decentralisation in the way in which it
operates,
(d) to provide and manage efficient, safe and reliable waste
facilities, secondary resource facilities and related facilities,
(e) to be an efficient and responsible provider of waste
management services, secondary resource recovery services and
related services,
(f) to minimise any adverse health and environmental impacts of
its activities and services relating to waste management and
secondary resource recovery.
(2) Each of the principal objectives of the Corporation is of equal
importance.
Page 4
Waste Recycling and Processing Corporation Bill 2001 Clause 5
Waste Recycling and Processing Corporation Part 2
(3) The provisions of section 20E of the State Owned Corporations
Act 1989 do not apply to the Corporation.
(4) The annual report of the Corporation under the State Owned
Corporations Act 1989 must include an assessment by the Auditor-
General of the Corporation's performance in achieving the objective
referred to in subsection (1) (a) (i).
6 Functions of Corporation
(1) The Corporation has the functions conferred or imposed on it by or
under this or any other Act or law.
(2) The principal functions of the Corporation are:
(a) to establish, maintain and operate waste facilities, secondary
resource facilities and related facilities, and
(b) to conduct businesses or provide services relating to waste, and
secondary resource recovery, and
(c) to provide waste management services, secondary resource
management services and related services, and
(d) to research, develop and implement alternative technologies for
managing waste, and
(e) to trade in waste and secondary resources.
(3) The Corporation may also:
(a) provide any facilities or services that are ancillary or incidental
to its principal functions, and
(b) conduct any business or provide any service (whether or not
related to its principal functions) that it considers will further its
objectives.
(4) In exercising its functions, the Corporation must strive to achieve
international best practice in waste management.
(5) In exercising its functions, the Corporation must act in accordance with
the principles of ecologically sustainable development.
Page 5
Clause 7 Waste Recycling and Processing Corporation Bill 2001
Part 2 Waste Recycling and Processing Corporation
7 Board of directors
(1) The Corporation is to have a board of directors.
(2) The board is to consist of:
(a) one director appointed by the voting shareholders on the
recommendation of a selection committee comprising:
(i) 2 persons nominated by the portfolio Minister, and
(ii) 2 persons nominated by the Labor Council of New
South Wales,
being a person selected by the committee from a panel of 3
persons nominated by the Labor Council, and
(b) at least 3 and not more than 6 other directors, to be appointed
by the voting shareholders after consultation with the portfolio
Minister.
(3) The chief executive officer may be appointed as a director.
(4) The procedures for constituting a selection committee for the purposes
of subsection (2) (a), for making nominations and for determining
other matters relating to the selection process are to be determined by
the regulations or (subject to the regulations) by the voting
shareholders.
(5) One of the directors referred to in subsection (2) (b) is (in and by the
director's instrument of appointment or in and by another instrument
executed by the voting shareholders) to be appointed as chairperson of
the board.
(6) The board is accountable to the voting shareholders in the manner set
out in Part 4 of the State Owned Corporations Act 1989 and in the
constitution of the Corporation.
(7) The voting shareholders may remove a director, or the chairperson,
from office at any time for any or no reason and without notice (but
only at a duly convened meeting of the voting shareholders) and, in
that event, the office of the director or chairperson is taken to have
become vacant for the purposes of Schedule 8 to the State Owned
Corporations Act 1989.
(8) Subject to subsection (9), Schedule 8 to the State Owned Corporations
Act 1989 has effect with respect to the constitution and procedure of
the board.
Page 6
Waste Recycling and Processing Corporation Bill 2001 Clause 7
Waste Recycling and Processing Corporation Part 2
(9) The provisions of section 20J of the State Owned Corporations
Act 1989, and of clauses 2 (1) and (2), 4 and 7 (1) (d) and (2) of
Schedule 8 to that Act, do not apply to the Corporation or to the
chairperson.
8 Chief executive officer
(1) The chief executive officer of the Corporation is to be appointed by
the board after consultation with the voting shareholders and the
portfolio Minister.
(2) The board may remove a person from office as chief executive officer,
at any time, for any or no reason and without notice, but only after
consultation with the voting shareholders and the portfolio Minister.
(3) The chief executive officer is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the board may
determine.
(4) The board may, after consultation with the voting shareholders, fix the
conditions of employment of the chief executive officer in so far as
they are not fixed by or under any other Act or law.
(5) The Public Sector Management Act 1988 (Part 8 included) does not
apply to the chief executive officer.
(6) Subject to subsection (7), Schedule 9 to the State Owned Corporations
Act 1989 has effect with respect to the chief executive officer.
(7) The provisions of section 20K of the State Owned Corporations Act
1989, and of clauses 2, 3 and 6 of Schedule 9 to that Act, do not apply
to the chief executive officer.
9 Acting chief executive officer
(1) The board may, from time to time, appoint a person to act in the office
of chief executive officer during the illness or absence of the chief
executive officer.
(2) The board may remove a person from office as acting chief executive
officer, at any time, for any or no reason and without notice.
(3) A person, while acting in the office of chief executive officer:
(a) has all the functions of the chief executive officer and is taken
to be the chief executive officer, and
(b) is entitled to be paid such remuneration (including travelling
and subsistence allowances) as the board may determine.
Page 7
Clause 9 Waste Recycling and Processing Corporation Bill 2001
Part 2 Waste Recycling and Processing Corporation
(4) For the purposes of this section, a vacancy in the office of a chief
executive officer is regarded as an absence from office.
(5) Clause 5 of Schedule 9 to the State Owned Corporations Act 1989
does not apply to an acting chief executive officer of the Corporation.
10 Application of State Owned Corporations Act 1989
The provisions of this Part are in addition to and (except to the extent
to which this Part provides) do not derogate from the provisions of the
State Owned Corporations Act 1989.
Page 8
Waste Recycling and Processing Corporation Bill 2001 Clause 11
Dissolution of Waste Recycling and Processing Service Part 3
Part 3 Dissolution of Waste Recycling and Processing
Service
11 Dissolution of Waste Recycling and Processing Service
(1) The Waste Recycling and Processing Service is dissolved.
(2) The following Schedules have effect:
(a) Schedule 1 (Transfer of assets, rights and liabilities),
(b) Schedule 2 (Transfer of staff of Waste Recycling and
Processing Service).
12 Corporation is same legal entity as Waste Recycling and Processing
Service
(1) On the dissolution of the Waste Recycling and Processing Service, the
Corporation is taken for all purposes, including the rules of private
international law, to be a continuation of, and the same legal entity as,
the Waste Recycling and Processing Service.
(2) This section does not affect any transfer of assets, rights and liabilities
under section 13 or 14.
13 Transfer of general assets, rights and liabilities of Waste Recycling and
Processing Service
(1) The general assets, rights and liabilities of the Waste Recycling and
Processing Service are transferred to the Corporation.
(2) The general assets, rights and liabilities of the Waste Recycling and
Processing Service are the assets, rights and liabilities of the Waste
Recycling and Processing Service immediately before its dissolution
by this Act, except any assets, rights and liabilities transferred by an
order under section 14.
(3) Schedule 1 applies to the transfer effected by this section.
Page 9
Clause 14 Waste Recycling and Processing Corporation Bill 2001
Part 3 Dissolution of Waste Recycling and Processing Service
14 Transfer of specified assets, rights and liabilities of Waste Recycling
and Processing Service
(1) The Minister with the approval of the Treasurer may, at any time
before the dissolution of the Waste Recycling and Processing Service,
by order in writing, transfer such assets, rights and liabilities of the
Waste Recycling and Processing Service as are specified or referred to
in the order to the Ministerial Holding Corporation or to any other
person acting on behalf of the State.
(2) Schedule 1 applies to a transfer under this section.
Page 10
Waste Recycling and Processing Corporation Bill 2001 Clause 15
Miscellaneous Part 4
Part 4 Miscellaneous
15 Environmental reporting indicators
(1) The Minister is from time to time to adopt environmental reporting
indicators, including ecologically sustainable development indicators,
for use by the Corporation.
(2) The indicators must include a methodology for making comparisons
to international best practice in waste management.
(3) Before adopting any environmental reporting indicators, the Minister:
(a) must cause notice of the proposed indicators to be published in
a daily newspaper circulating throughout the State, and
(b) must cause copies of the proposed indicators to be made
available for public inspection on the Internet and at each of the
offices of the Corporation, and
(c) must allow a period of at least 28 days for members of the
public to send written comments to the Minister in relation to
the proposed indicators, and
(d) must take any such comments into consideration.
16 Waste received by Corporation
Any waste received at a waste facility of the Corporation is the
property of the Corporation.
17 Regulations
The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
18 Repeal
The Waste Recycling and Processing Service Act 1970 is repealed.
19 Consequential amendments
Each Act and Regulation specified in Schedule 3 is amended as set out
in that Schedule.
Page 11
Clause 20 Waste Recycling and Processing Corporation Bill 2001
Part 4 Miscellaneous
20 Savings, transitional and other provisions
Schedule 4 has effect.
21 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 12
Waste Recycling and Processing Corporation Bill 2001
Transfer of assets, rights and liabilities Schedule 1
Schedule 1 Transfer of assets, rights and liabilities
(Sections 11, 13 and 14)
1 Application and interpretation
(1) This Schedule applies to any transfer of assets, rights or liabilities
under section 13 or 14.
(2) In this Schedule, the person or body from which any assets, rights or
liabilities are transferred is called the transferor and the person or body
to which they are transferred is called the transferee.
2 Vesting of undertaking in transferee
(1) When any assets, rights or liabilities are transferred by a transfer to
which this Schedule applies, the following provisions have effect:
(a) the assets of the transferor vest in the transferee by virtue of this
clause and without the need for any further conveyance,
transfer, assignment or assurance,
(b) the rights or liabilities of the transferor become by virtue of this
clause the rights or liabilities of the transferee,
(c) all proceedings relating to the assets, rights or liabilities
commenced before the transfer by or against the transferor or
a predecessor of the transferor and pending immediately before
the transfer are taken to be proceedings pending by or against
the transferee,
(d) any act, matter or thing done or omitted to be done in relation
to the assets, rights or liabilities before the transfer by, to or in
respect of the transferor or a predecessor of the transferor is (to
the extent to which that act, matter or thing has any force or
effect) taken to have been done or omitted by, to or in respect
of the transferee,
(e) a reference in any Act, in any instrument made under any Act
or in any document of any kind to the transferor or a
predecessor of the transferor is (to the extent to which it relates
to those assets, rights or liabilities) taken to include a reference
to the transferee.
Page 13
Waste Recycling and Processing Corporation Bill 2001
Schedule 1 Transfer of assets, rights and liabilities
(2) The operation of this clause is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting, restricting
or regulating the assignment or transfer of assets, rights or
liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of any
asset, right or liability.
(3) The operation of this clause is not to be regarded as an event of default
under any contract or other instrument.
(4) No attornment to the transferee by a lessee from the transferor is
required.
(5) A transfer is subject to the terms and conditions of the order by which
it is effected.
(6) No compensation is payable to any person or body in connection with
a transfer to which this Schedule applies except to the extent (if any)
to which the order giving rise to the transfer so provides.
3 Date of vesting
An order under section 14 takes effect on the date specified in the
order, being a date on or before the dissolution of the Waste Recycling
and Processing Service.
4 Consideration for vesting
The Minister may, by order in writing, specify the consideration on
which a transfer to which this Schedule applies is made and the value
or values at which the assets, rights or liabilities are transferred.
5 State taxes not chargeable
State tax is not chargeable in respect of:
(a) a transfer to which this Schedule applies, or
(b) anything certified by the Minister as having been done in
consequence of such a transfer (for example, the transfer or
conveyance of an interest in land).
Page 14
Waste Recycling and Processing Corporation Bill 2001
Transfer of assets, rights and liabilities Schedule 1
6 Confirmation of vesting
(1) The Minister may, by notice in writing, confirm a transfer of particular
assets, rights or liabilities by operation of this Schedule.
(2) Such a notice is conclusive evidence of that transfer.
Page 15
Waste Recycling and Processing Corporation Bill 2001
Schedule 2 Transfer of staff of Waste Recycling and Processing Service
Schedule 2 Transfer of staff of Waste Recycling and
Processing Service
(Section 11)
1 Definition
In this Schedule, former Waste Service staff means the members of
staff of the Waste Recycling and Processing Service immediately
before the dissolution of the Waste Recycling and Processing Service.
2 Transfer of former Waste Service staff to Waste Recycling and
Processing Corporation
(1) The former Waste Service staff are transferred to the Corporation and
are to be regarded for all purposes as having become employees of the
Corporation on the day on which the Waste Recycling and Processing
Service is dissolved.
(2) The Waste Recycling and Processing Service is taken to be an
authority to which Schedule 4 (Provisions relating to certain staff) of
the State Owned Corporations Act 1989 applies.
3 General saving of conditions of employment
(1) A person who is transferred under this Schedule is (until other
provision is duly made under any Act or law) to be employed in
accordance with any relevant statutory provisions, awards, agreements
and determinations that would have applied to the person if the person
had not been transferred but had instead remained on the staff of the
Waste Recycling and Processing Service (and the Waste Recycling and
Processing Service had continued in existence).
(2) However, nothing in this clause affects the application of section 36
(1) of the State Owned Corporations Act 1989 to the Corporation.
Accordingly, the Government and Related Employees Appeal Tribunal
Act 1980 does not apply to the Corporation or any subsidiary of the
Corporation.
Page 16
Waste Recycling and Processing Corporation Bill 2001
Transfer of staff of Waste Recycling and Processing Service Schedule 2
4 Saving of leave
A member of the staff of the Corporation who is a member of the
former Waste Service staff retains any rights to annual leave, extended
service leave, sick leave, and other forms of leave, accrued or accruing
in his or her employment with the Waste Recycling and Processing
Service.
5 No payment out on transfer or dual benefits
(1) This clause applies to a person who becomes, because of this
Schedule, a member of the staff of the Corporation.
(2) A person to whom this clause applies is not entitled to receive any
payment or other benefit merely because the person ceases to be a
member of the staff of the Waste Recycling and Processing Service.
(3) A person to whom this clause applies is not entitled to claim, both
under this Act and under any other Act, dual benefits of the same kind
for the same period of service.
Page 17
Waste Recycling and Processing Corporation Bill 2001
Schedule 3 Consequential amendments
Schedule 3 Consequential amendments
(Section 19)
3.1 Environmentally Hazardous Chemicals Act 1985 No 14
Schedule 1 Provisions relating to the Committee
Omit "Waste Recycling and Processing Service" from clause 2 (f).
Insert instead "Waste Recycling and Processing Corporation".
3.2 First State Superannuation Act 1992 No 100
Schedule 1 Employers
Omit "Waste Recycling and Processing Service" from Part 1.
Insert instead "Waste Recycling and Processing Corporation".
3.3 Land and Environment Court Act 1979 No 204
Section 20 Class 4--environmental planning and protection and
development contract civil enforcement
Omit "Waste Recycling and Processing Service Act 1970" from section 20
(3) (a).
Insert instead "Waste Recycling and Processing Corporation Act 2001".
Page 18
Waste Recycling and Processing Corporation Bill 2001
Consequential amendments Schedule 3
3.4 Public Authorities (Financial Arrangements) Regulation 2000
Schedule 2 Authorities having Part 3 investment powers
Insert in alphabetical order:
Waste Recycling and Processing Corporation
3.5 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Waste Recycling and Processing Service".
3.6 Public Sector Management Act 1988 No 33
[1] Schedule 3 Declared authorities
Omit "Waste Recycling and Processing Service of New South Wales".
[2] Schedule 3A Chief executive positions
Omit "Managing Director of the Waste Recycling and Processing Service
of New South Wales" from Part 3.
[3] Schedule 3B Senior executive positions
Omit the matter relating to the Waste Recycling and Processing Service
from Part 1.
3.7 State Authorities Superannuation Act 1987 No 211
Schedule 1 Employers
Omit "Waste Recycling and Processing Service" from Part 1.
Insert instead "Waste Recycling and Processing Corporation".
Page 19
Waste Recycling and Processing Corporation Bill 2001
Schedule 3 Consequential amendments
3.8 Superannuation Act 1916 No 28
[1] Schedule 3 List of employers
Omit "Waste Recycling and Processing Service" from Part 1.
Insert instead "Waste Recycling and Processing Corporation".
[2] Schedule 26
Omit "Waste Recycling and Processing Service" from Part 1.
Insert instead "Waste Recycling and Processing Corporation".
Page 20
Waste Recycling and Processing Corporation Bill 2001
Savings, transitional and other provisions Schedule 4
Schedule 4 Savings, transitional and other provisions
(Section 20)
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
Waste Recycling and Processing Corporation Act 2001
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, 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 Provisions consequent on enactment of Waste
Recycling and Processing Corporation Act 2001
2 Definition
In this Part:
Waste Recycling and Processing Service Board means the Waste
Recycling and Processing Service Board constituted under the Waste
Recycling and Processing Service Act 1970.
Page 21
Waste Recycling and Processing Corporation Bill 2001
Schedule 4 Savings, transitional and other provisions
3 Board of Waste Recycling and Processing Service
(1) A person who, immediately before the dissolution of the Waste
Recycling and Processing Service, held office as a member of the
Waste Recycling and Processing Service Board (including the
Managing Director of the Waste Recycling and Processing Service)
ceases to hold office as such a member or Managing Director.
(2) A person who ceases to hold office is not entitled to any remuneration
or compensation because of the loss of that office.
4 First directors of board
(1) The members of the Waste Recycling and Processing Service Board
become, on the dissolution of the Waste Recycling and Processing
Service, directors of the board of the Corporation for the residue of
their terms of office as, and subject to the same conditions (including
conditions as to remuneration) as those of their appointment as,
members of the Waste Recycling and Processing Service Board.
(2) The office of such a director becomes vacant in the circumstances
specified in section 7 (7) of this Act or clause 7 (1) of Schedule 8 to
the State Owned Corporations Act 1989 (clause 7 (1) (d) excepted).
(3) This clause does not apply in respect of the Managing Director of the
Waste Recycling and Processing Service.
5 First chief executive officer
(1) The Managing Director of the Waste Recycling and Processing
Service is taken, on the dissolution of the Waste Recycling and
Processing Service, to have been appointed as the chief executive
officer of the Corporation for the residue of his or her term of office as
Managing Director of the Waste Recycling and Processing Service.
(2) The other provisions of section 8 apply to a chief executive officer
taken to be appointed under this clause.
6 Special provisions relating to former senior executive officers
(1) This clause applies to a person to whom Schedule 2 or clause 4 of this
Schedule applies who held an executive position under Part 2A of the
Public Sector Management Act 1988 immediately before the
dissolution of the Waste Recycling and Processing Service.
Page 22
Waste Recycling and Processing Corporation Bill 2001
Savings, transitional and other provisions Schedule 4
(2) Any such person it not entitled to exercise a right of return to the
public sector under section 42R, or to seek compensation under
section 42S, of the Public Sector Management Act 1988:
(a) on ceasing to hold the executive position on the dissolution of
the Waste Recycling and Processing Service, or
(b) on ceasing to be employed by the Corporation.
(3) This clause applies despite anything to the contrary in this Act.
7 Continuation of criminal proceedings against Waste Recycling and
Processing Service
(1) Proceedings for an offence against a law of New South Wales that
were instituted against the Waste Recycling and Processing Service
before its dissolution, or that could have been instituted against the
Waste Recycling and Processing Service but for its dissolution, may be
continued or instituted against the Corporation.
(2) A penalty notice served on the Waste Recycling and Processing
Service for an offence against a law of New South Wales or any
amount paid by the Waste Recycling and Processing Service in respect
of such a penalty notice:
(a) is taken to be a penalty notice served on the Corporation, or
(b) is taken to be an amount paid by the Corporation,
as the case requires.
Page 23
[Index] [Search] [Download] [Related Items] [Help]