New South Wales Consolidated Acts

JUNEE WATER SUPPLY ADMINISTRATION (REPEAL) ACT 1982 - SECT 5

5 Transfer of certain rights and liabilities

(1) In this section:
"prescribed transferee" means:

(a) in relation to prescribed works consisting of the works referred to in section 4 or 5 of the Principal Act (other than the gravitation main from the storage dam at Bethungra to the service reservoir at Junee)-the Administrator of the South-west Tablelands Water Supply,

(b) in relation to prescribed works consisting of the gravitation main from the storage dam at Bethungra to the service reservoir at Junee-the Northern Riverina County Council,

(c) in relation to prescribed works consisting of the works referred to in section 6 of the Principal Act (other than so much of the service main constructed under the Junee Water Supply Act 1893 as is within the boundaries of the municipality of Junee as those boundaries existed at the date of commencement of the Principal Act)-the Northern Riverina County Council, and

(d) in relation to prescribed works consisting of so much of the service main constructed under the Junee Water Supply Act 1893 as is within the boundaries of the municipality of Junee as those boundaries existed at the date of commencement of the Principal Act-the Administrator of the South-west Tablelands Water Supply.

"prescribed transferor" means:

(a) in relation to prescribed works consisting of the works referred to in section 4 or 5 of the Principal Act-the Administrator of the Junee Water Supply, and

(b) in relation to prescribed works consisting of the works referred to in section 6 of the Principal Act-the Junee Shire Council.

"prescribed works" means the works referred to in sections 4, 5 and 6 of the Principal Act.

(2) On and from the commencement of this Act:

(a) all real and personal property and all rights and interest therein and all management and control thereof that, immediately before that commencement, was vested in or belonged to the prescribed transferor, and was held in connection with the prescribed works, shall vest in or belong to the prescribed transferee,

(b) all debts, money and claims, liquidated and unliquidated, in connection with the prescribed works that, immediately before that commencement, were due or payable to, or recoverable by, the prescribed transferor shall be debts due and money payable to and claims recoverable by the prescribed transferee,

(c) all suits, actions and proceedings in connection with the prescribed works pending immediately before that commencement at the suit of the prescribed transferor shall be suits, actions and proceedings pending at the suit of the prescribed transferee and all such suits, actions and proceedings so pending at the suit of any person against the prescribed transferor shall be suits, actions and proceedings pending at the suit of that person against the prescribed transferee,

(d) all contracts, agreements, arrangements and undertakings in connection with the prescribed works entered into with, and all securities in connection with the prescribed works lawfully given to or by, the prescribed transferor and in force immediately before that commencement shall be deemed to be contracts, agreements, arrangements and undertakings entered into with, and securities given to or by, the prescribed transferee,

(e) the prescribed transferee may, in addition to pursuing any other remedies or exercising any other powers that may be available to him, pursue the same remedies for the recovery of money and claims in connection with the prescribed works and for the prosecution of suits, actions and proceedings in connection with the prescribed works as the prescribed transferor might have done but for the enactment of this Act,

(f) the prescribed transferee may enforce and realise any security or charge in connection with the prescribed works existing immediately before that commencement in favour of the prescribed transferor and may exercise any powers thereby conferred on the prescribed transferor as if the security or charge were a security or charge in favour of the prescribed transferee,

(g) all debts, money and claims, liquidated and unliquidated, in connection with the prescribed works that, immediately before that commencement, were due or payable by, or recoverable against, the prescribed transferor shall be debts due and money payable by and claims recoverable against the prescribed transferee, and

(h) all liquidated and unliquidated claims in connection with the prescribed works for which the prescribed transferor would, but for the enactment of this Act, have been liable shall be liquidated and unliquidated claims for which the prescribed transferee shall be liable.

(3) Any act, matter or thing done or omitted to be done in connection with the prescribed works before the commencement of this Act by, to or in respect of the prescribed transferor shall, to the extent that but for the enactment of this Act that act, matter or thing would on or after that commencement have had any force or effect or been in operation, be deemed to have been done or omitted to be done by, to or in respect of the prescribed transferee.