New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 46

46 Transfer of rights, liabilities and property

(1) Where upon the taking effect of a notice under Division 1 any persons cease to hold office as trustees of lands reserved as, or as part of, a national park or historic site and the care, control and management of the park or site are vested in the Director-General, the following provisions have effect:

(a) all property and all right and interest therein (in this section referred to as "the trust property") and all management and control of anything which immediately before that notice took effect was vested in or belonged to the trustees and was held or used by them for or in connection with the park or site shall vest in and belong to the Director-General,

(b) all money and liquidated and unliquidated claims that, immediately before that notice took effect, were payable to or recoverable by the trustees or their predecessors in relation to the park or site or the trust property or any part thereof shall be money and liquidated and unliquidated claims payable to or recoverable by the Director-General,

(c) all proceedings pending immediately before that notice took effect at the suit of the trustees in relation to the park or site or the trust property or any part thereof shall be deemed to be proceedings pending at the suit of the Director-General and all proceedings so pending at the suit of any person against the trustees shall be deemed to be proceedings pending at the suit of that person against the Director-General,

(d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the trustees or their predecessors in relation to the park or site or the trust property or any part thereof, and in force immediately before that notice took effect, shall be deemed to be contracts, agreements, arrangements and undertakings entered into with, and securities given to or by, the Director-General,

(e) the Director-General may, in addition to pursuing any other remedies or exercising any other powers that may be available to the Director-General, pursue the same remedies for the recovery of money and claims referred to in this subsection and for the prosecution of proceedings so referred to as the trustees or their predecessors might have done had they continued to be trustees of the park or site after that notice took effect,

(f) the Director-General may enforce and realise any security or charge existing immediately before that notice took effect in favour of the trustees in connection with the care, control and management of the park or site, and may exercise any powers thereby conferred on the trustees as if the security or charge were a security or charge in favour of the Director-General,

(g) all debts, money and claims, liquidated and unliquidated, that, immediately before that notice took effect, were due or payable by, or recoverable against, the trustees or their predecessors in connection with the care, control and management of the park or site or the trust property or any part thereof shall be debts due and money payable by, and claims recoverable against, the Director-General, and

(h) all liquidated and unliquidated claims in connection with the care, control and management of the park or site for which the trustees would, but for the notice, have been liable shall be liquidated and unliquidated claims for which the Director-General shall be liable.

(2) Where part only of the lands vested in trustees is, by a notice under Division 1, reserved as, or as part of, a national park or historic site and the care, control and management of the park or site are vested in the Director-General, the Director-General and the trustees shall, as soon as practicable after publication of that notice, arrange and agree upon a division of the assets, debts and liabilities of the trustees, so that the assets, debts and liabilities appropriate to the park or site and to the lands retained by the trustees may be determined, and if any difference arises between the Director-General and the trustees, the difference shall be determined in such manner as the Minister may direct.