New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 27)
In this Part:
"commencement" means the commencement of section 27.
"corporation" means the corporation sole constituted by section 2 of the
repealed Act.
"repealed Act" means the Centenary Celebration Act .
(1) A reference to the Chief Minister or the corporation in any instrument in relation to any gift inter vivos, devise or bequest, which gift inter vivos, devise or bequest would, but for the enactment of this Act, have vested in the corporation shall be construed as a reference to the Trust.
(2) A reference in any other Act, or in any by-law, regulation, ordinance or any other instrument or document whatever, which took effect or was made before the commencement:(a) to Centennial Park, or any part thereof, or(b) to Queen’s Park, or any part thereof,shall be construed as a reference to the corresponding part of the original land.
(3) A reference in any other Act, or in any by-law, regulation, ordinance or any other instrument or document whatever, to the Chief Minister in the Chief Minister’s capacity as the corporation shall be construed as a reference to the Trust.
(1) On and from the commencement:(a) all property, whether real or personal, all rights and interests therein and all control and management thereof that, immediately before the commencement, belonged to or was or were vested in the corporation shall vest in the Trust,(b) all money and liquidated and unliquidated claims that, immediately before the commencement, was or were payable to or recoverable by the corporation shall be money and liquidated and unliquidated claims payable to or recoverable by the Trust,(c) all money and liquidated and unliquidated claims for which the corporation would, but for the enactment of this Act, have been liable shall be money and liquidated and unliquidated claims for which the Trust shall be liable,(d) all proceedings commenced by the corporation and pending immediately before the commencement shall be deemed to be proceedings pending on the commencement by the Trust and all proceedings so commenced by any person against the corporation and pending immediately before the commencement shall be deemed to be proceedings pending on the commencement by that person against the Trust,(e) all deeds, contracts, agreements, arrangements and undertakings entered into with the corporation in relation to the original land and in force immediately before the commencement shall be deemed to be deeds, contracts, agreements, arrangements and undertakings entered into with the Trust,(f) the Trust may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subclause and for the prosecution of proceedings so referred to, as the corporation might have done but for the enactment of this Act, and(g) all acts, matters and things done or omitted by, or done or suffered in relation to, the corporation, being acts, matters or things not referred to in the foregoing provisions of this subclause, shall have the same force and effect as if they had been done or omitted by, or done or suffered in relation to, the Trust.
(2) This clause has effect notwithstanding section 19 (1).
(1) The Centennial Park Regulations, as in force immediately before the commencement, shall, on the commencement, be deemed to be regulations made under this Act.
(2) A reference in the Regulations referred to in subclause (1), and in any written permission or authorisation issued thereunder, to the Minister of Agriculture, the Minister for Agriculture, the Officer-in-charge or the Department of Agriculture shall be construed as a reference to the Minister, the Director or the Premier’s Department, respectively.
(3) Any person who was employed under the Public Service Act 1979 and was engaged in or in connection with the administration or management of the Trust lands, or part thereof, immediately before the commencement shall, on the commencement, be deemed to be employed pursuant to section 13.
(4) Section 19 (1) does not operate so as to vest in the Trust any pipeline or cable, or any apparatus used in connection therewith, that:(a) immediately before the commencement, was situated on or in any part of the Trust lands, and(b) was laid or constructed by or on behalf of The Australian Gas Light Company, The Electricity Commission of New South Wales, The Metropolitan Water Sewerage and Drainage Board or The Sydney County Council.
In
this Part:
"appointed day" means the day on which Schedule 1 (5) to the Centennial Park
Trust (Amendment) Act 1991 commences.
"former trustees" means:
(a) the Trust in its capacity immediately before the appointed day as the reserve trust under the Crown Lands Act 1989 for the area that is described in Part 1 of Schedule 3 and is generally known as Moore Park, and
(b) the administrator holding office under the Crown Lands Act 1989 immediately before the appointed day for the area that is described in Part 2 of Schedule 3 and is generally known as the E S Marks Field.
(1) The corporation named “Centennial Park and Moore Park Trust” by section 6 on the appointed day is a continuation of, and the same legal entity as, the corporation that, by that section as in force immediately before the appointed day, was named “Centennial Park Trust”.
(2) The administrator for the E S Marks Field holding office immediately before the appointed day does not continue in office on and after that day.
(3) A reference in any other Act or in any other document to the Centennial Park Trust or to a trustee or administrator of the E S Marks Field is to be read on and after the appointed day as a reference to the Centennial Park and Moore Park Trust.
(1) The vesting of land effected by section 19 (1A) does not operate:(a) to free the land from any lease, easement or licence to which it was subject immediately before the appointed day, or(b) to vest in the Trust any pipeline, cable or related apparatus that is for the conveyance of gas, electricity, water or drainage and was lawfully situated on the land immediately before the appointed day.
(2) A reservation or dedication that is in force immediately before the appointed day and affects the land described in Schedule 3 is revoked on that day.
(3) A reservation or dedication that:(a) affects so much of the land of the former trustees as is not land described in Schedule 3, and(b) is in force immediately before an order published under clause 10 takes effect in relation to the land so affected,is revoked when the order takes effect.
On the appointed day, the estate and interest of the lessor under Special Lease 1960277 Metropolitan over Portion 1605 (being Computer Folio 1605/752011) is by this Act assigned to the Trust.
If, immediately before the appointed day, property of either of the former trustees is subject to a condition that has been agreed to by the former trustee in accordance with law and is not inconsistent with its objects, the property continues to be subject to the condition on and after that day.
(1) The Governor may, by order published in the Gazette, determine the extent to which, and any conditions subject to which:(a) property of the former trustees (other than the land described in Schedule 3), and(b) rights and liabilities of the former trustees,are to be property, rights and liabilities of the Trust, the Crown or a specified statutory body.
(2) An order published under this clause takes effect:(a) if it is published on the appointed day-on that day, unless paragraph (c) applies, or(b) if it is published after the appointed day-on the day of its publication, unless paragraph (c) applies, or(c) if in either case a later day is specified in the order for it to take effect-on the specified day.
(3) More than one order may be made under this clause and such an order has the force of law during its currency.
A person holding office as trustee under section 7 (1) immediately before the substitution of that subsection by the Centennial Park and Moore Park Trust (Macquarie Sydney Common) Amendment Act 1992 is taken to have been appointed under section 7 (1) (a), as so substituted, for the remainder of the person’s term of office.
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the Centennial Park Trust (Amendment) Act 1991 .
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Centennial Park Trust (Amendment) Act 1991 or a later date.
(3) To the extent that a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:(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 that date of 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 that date of publication.