New South Wales Consolidated Acts

HAY IRRIGATION ACT 1902 - SCHEDULE 4

SCHEDULE 4 – Savings and transitional provisions

(Section 30)

Part 1 - General

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of:

Schedule 2 to the Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997

Schedule 2 to the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997

Schedule 3 to the Crown Lands Legislation Amendment (Budget) Act 2004

(2) Such a 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 such a 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 Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997

2 Definition

In this Part:
"amending Act" means the Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997 .

3 Applications for consent to transfer

An application for consent made under section 17A that was not determined before the repeal of that section by Schedule 2 [1] to the amending Act is taken to be an application made under section 23 as inserted by Schedule 2 [2] to the amending Act.

Part 3 - Provisions consequent on enactment of Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997

4 Definition

In this Part:
"amending Act" means the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 .

5 Applications for consent to transfer

An application for consent made under section 23 that was not determined before the amendment of section 24 by Schedule 2 [10] to the amending Act is to be dealt with under section 24 as so amended.

Part 4 - Provisions consequent on enactment of Crown Lands Legislation Amendment (Budget) Act 2004

6 Definition

In this Part:
"amending Act" means the Crown Lands Legislation Amendment (Budget) Act 2004 .

7 Amendments extend to existing leases and purchases

(1) The amendments made to this Act by the amending Act extend, subject to this Part, to any lease to which this Act applies that had effect immediately before 1 July 2004.

(2) The amendments made to this Act by the amending Act extend, subject to this Part, to a purchase commenced before 1 July 2004.

8 Phasing-in of minimum rents

(1) This clause applies in respect of a lease to which this Act applies that was in force immediately before 1 July 2004.

(2) For the purposes of section 18A, as inserted by the amending Act, and Division 2A of Part 7 of the Crown Lands Act 1989 , as it applies under that section:

(a) the minimum rent of a lease to which this clause applies is taken, in respect of any due date occurring on or after 1 July 2004 and before 1 July 2005, to be $170, and

(b) the minimum rent of a lease to which this clause applies is taken, in respect of any due date occurring on or after 1 July 2005 and before 1 July 2006, to be $270.

(3) For avoidance of doubt, in respect of a due date occurring on or after 1 July 2006, the minimum rent is to be determined as provided by section 18A and the Crown Lands Act 1989 .

9 Phasing-in of increase in minimum half-yearly instalments

(1) This clause applies if the purchase price (whether with or without interest added) of land purchases under this Act is, immediately before 1 July 2004, payable by half-yearly instalments.

(2) For the purposes of section 19AB, as inserted by the amending Act:

(a) the minimum half-yearly instalment is taken, in respect of any due date occurring on or after 1 July 2004 and before 1 July 2005, to be $100, and

(b) the minimum half-yearly instalment is taken, in respect of any due date occurring on or after 1 July 2005 and before 1 July 2006, to be $150.

(3) For avoidance of doubt, in respect of a due date occurring on or after 1 July 2006, the minimum half-yearly instalment is to be determined as provided by section 19AB.

10 No compensation for operation of amendments

(1) No compensation is payable by or on behalf of the Crown because of the enactment or operation of the amendments made to this Act by the amending Act, or as a consequence of that enactment or operation.

(2) The operation of those amendments is not to be regarded as a breach of contract.

(3) In this clause:
"compensation" includes damages or any other form of monetary compensation.
"the Crown" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes an officer of the Department of Lands.