New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 43)
(1) A reference in any other Act or statutory instrument, or in any other instrument, or in any contract or agreement, to the General Manager of a corporation is to be construed:(a) before the commencement of Schedule 3 [4] to the Environmental Planning and Assessment Amendment Act 2006 -as a reference to the Director-General, and(b) on or after that date-as a reference to the chief executive of that corporation.
(2) A reference in any other Act or statutory instrument, or in any other instrument, or in any contract or agreement, to the Director-General, in respect of the Director-General’s responsibilities as the chief executive of a development corporation, is, on or after the commencement of Schedule 3 [4] to the Environmental Planning and Assessment Amendment Act 2006 , to be construed as a reference to the chief executive of that corporation.
(1) The Macarthur Development Corporation is a continuation of, and the same legal entity as, the corporation sole with the corporate name “Director, Macarthur Growth Area”.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActGrowth Centres (Development Corporations) Amendment Act 1992Environmental Planning and Assessment Amendment Act 2006Growth Centres (Development Corporations) Amendment Act 2008State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 , to the extent that it amends this Act
(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.
In this Part, "the amending Act" means the Growth Centres (Development Corporations) Amendment Act 2008 .
(1) The substitution of Part 2 of this Act by Schedule 1 [4] to the amending Act does not affect:(a) the status of any growth centre that existed immediately before that substitution, and(b) the corporate status of any development corporation that existed immediately before that substitution, and each such development corporation is the continuation of, and is the same legal entity as, the development corporation constituted under the same name before that substitution.
(2) On the substitution of Part 2 of this Act by Schedule 1 [4] to the amending Act:(a) each development corporation that existed immediately before that substitution ceases to be a corporation comprised of members and becomes a corporation without members, and(b) the members of each development corporation cease to hold office as members of the corporation, but are not entitled to be paid any compensation by reason of ceasing to hold office, and(c) each person holding office as the chief executive of a development corporation immediately before that substitution is taken to be appointed under section 6B of this Act on the same terms and conditions on which, and for the balance of the term for which, the person was appointed, and(d) a board is constituted for each such development corporation, and(e) each person who was an appointed member of such a development corporation immediately before that substitution is taken to have been appointed to that board under the relevant provision of section 6A of this Act as if the amending Act had been in force at the time of the appointment, and
Anything done before the commencement of the following provisions that would have been validly done had those provisions been in force when it was done is validated:
(a) section 5 (1) (c) of, and clause 2 of Schedule 1A to, this Act (as inserted by the amending Act),
(b) Schedule 1 [3] to the amending Act.
In this Part:
"instrument" has the same meaning as in clause 1 of Schedule 1A.
"relevant corporation" means the corporation constituted under section 8 (1)
of the Environmental Planning and Assessment Act 1979 .
On the commencement of this clause (as inserted by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 ):
(a) the Growth Centres Commission is dissolved, and
(b) the chief executive of the Growth Centres Commission ceases to hold office and for that purpose is taken to have been removed from office under section 77 of the Public Sector Employment and Management Act 2002 , and
(c) the assets, rights and liabilities of the Growth Centres Commission are transferred to the relevant corporation.
(1) The following provisions have effect in relation to the transfer under clause 9 of the assets, rights and liabilities of the Growth Centres Commission ( "the transferor") to the relevant corporation ( "the transferee"):(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 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) the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for this clause, whether or not those entitlements and obligations were actual or potential at the time the transfer took effect,(f) a reference in any instrument made under any Act or in any document of any kind (other than an instrument of appointment) to the Growth Centres Commission or to the chief executive of the Growth Centres Commission is taken to include a reference to:(i) if the reference is used in relation to the operational functions of the Growth Centres Commission-the Director-General of the Department of Planning, or(ii) in any other case-the transferee.
(2) For the purpose of subclause (1) (f), the "operational functions" of the Growth Centres Commission include functions under this Act, the Environmental Planning and Assessment Act 1979 or the Threatened Species Conservation Act 1995 , or any other Act, that relate to the following:(a) promoting, co-ordinating, managing or securing the orderly and economic use and development of the areas of land comprising the former North West and South West Growth Centres (including, but not limited to, matters relating to precinct planning and development contributions),(b) protecting, conserving or enhancing the environment within those areas of land or any areas that are related to those areas.
(3) The regulations made under clause 3 of this Schedule may provide that a reference in any specified instrument or other document to the Growth Centres Commission is taken to include a reference to:(a) the relevant corporation, or(b) the Director-General of the Department of Planning.
(4) Any such regulation has effect despite subclause (1) (f) and may take effect on a date that is earlier than the date of its publication in the Gazette.
(5) 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, or(d) as an event of default under any contract or other instrument.
(6) No attornment to the transferee by a lessee from the transferor is required.
(7) No compensation is payable to any person or body in connection with the transfer.
(8) Duty under the Duties Act 1997 is not chargeable for or in respect of:(a) the transfer, or(b) anything certified by the Minister as having been done in consequence of the transfer (for example, the transfer or conveyance of an interest in land).
(1) Schedule 1A, as amended by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 , extends to any transfer of assets, rights or liabilities, consequent on an order to which that Schedule applies, that was made at any time before the commencement of the amendment.
(2) For that purpose:(a) the amendment is taken to have been in force when the relevant transfers occurred, and(b) any such transfer is taken to have been validly made if it could have been made after that commencement.
(3) This clause does not apply to any transfer to the extent that it is affected by any proceedings of a court that were finally determined before that commencement.
(4) For the purposes of this clause, proceedings are not finally determined if:(a) any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or(b) any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).