New South Wales Consolidated Acts

LAKE ILLAWARRA AUTHORITY ACT 1987 - SECT 25

25 Authority may take over certain agreements

(1) Where there is in force an agreement between a public authority and any other person with respect to the extraction of sand or other material from within the development area, the Authority may serve notice in writing on that public authority and that other person to the effect that, on and from a day specified in the notice, the Authority is entitled to the benefits, will exercise the rights and will discharge the obligations, of the public authority under the agreement.

(2) On and from the day specified in a notice under subsection (1) the agreement to which the notice relates has effect as if it had been entered into with the Authority instead of with the public authority upon which the notice was served.

(3) Subsection (2) does not operate to prejudice or affect any consent or approval given by a public authority under or in consideration of an agreement to which a notice under subsection (1) relates.

(4) If, under an agreement to which a notice under subsection (1) relates, money is held by a public authority to secure due performance of the agreement:

(a) the public authority shall pay the money to the Authority or to any other person nominated by the Authority for the purpose, and

(b) the Authority or the other person shall hold the money on the same terms and conditions as those on which it was held by the public authority.

(5) The Authority may enter into an agreement in substitution for, or varying the terms and conditions of, an agreement to which a notice under subsection (1) relates.

(6) If the Authority, by notice in writing served upon a public authority requires the public authority to do so, the public authority shall, within the time specified in the notice:

(a) provide the Authority with a copy of any agreement referred to in subsection (1) and a copy of any document that relates to the agreement and is in the possession or custody of the public authority, and

(b) provide the Authority with such information relating to the operation of the agreement and those related documents as is specified in the notice and is in the possession of the public authority,

whether or not the Authority has served a notice under subsection (1) in respect of the agreement.