PORTS AND MARITIME ADMINISTRATION ACT 1995 - SCHEDULE 1
PORTS AND MARITIME ADMINISTRATION ACT 1995 - SCHEDULE 1
SCHEDULE 1 – Transfer of assets, rights and liabilities
(Sections 5, 16, 17, 32 (repealed), 40A, 45)
1 Definitions
In this Schedule:
"instrument" means an instrument (other than this Act) that creates, modifies
or extinguishes rights or liabilities (or would do so if lodged, filed or
registered in accordance with any law), and includes any judgment, order or
process of a court.
"Ministerial Corporation" means the Marine Ministerial Holding Corporation as
formerly constituted under Part 3 (as enacted).
2 Application and interpretation
(1) This Schedule applies to the following orders under this Act:(a) an order under section 16 transferring assets, rights or liabilities of the MSB or any MSB subsidiary to a Port Corporation,(b) an order under section 17 transferring assets, rights or liabilities of a Port Corporation to the Ministerial Corporation or to any person on behalf of the State,(b1) an order under section 26 transferring assets, rights or liabilities of commercial port facilities to a Port Corporation,(c) an order under section 32 (3) transferring assets, rights or liabilities of the MSB or any MSB subsidiary to a person on behalf of the State,(d) an order under section 45 transferring assets, rights or liabilities to the Waterways Authority or to the Ministerial Corporation.
(2) This Schedule also applies to the transfer of assets, rights and liabilities to the Ministerial Corporation by the operation of section 32 and so applies as if that section were an order to which this Schedule applies taking effect when that section takes effect.
(2A) This Schedule also applies to the transfer of assets, rights and liabilities to the Waterways Authority by the operation of section 40A and so applies as if that section were an order to which this Schedule applies taking effect when that section takes effect.
(3) In this Schedule, the body or person from whom any assets, rights or liabilities are so transferred is called the
"transferor" and the body or person to whom they are being so transferred is called the
"transferee" .
3 Vesting of undertaking in transferee
When any assets, rights or liabilities are transferred by an order to which this Schedule applies, the following provisions have effect (subject to the order):
(a) those assets of the transferor vest in the transferee by virtue of this Schedule and without the need for any conveyance, transfer, assignment or assurance,
(b) those rights or liabilities of the transferor become by virtue of this Schedule the rights or liabilities of the transferee,
(c) all proceedings relating to those 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 those assets, rights or liabilities before the transfer by, to or in respect of the transferor is (to the extent that 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) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations or other provisions under Schedule 5), to be read as, or as including, a reference to the transferee.
4 Operation of Schedule
(1) The operation of this Schedule 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.
(2) The operation of this Schedule is not to be regarded as an event of default under any contract or other instrument.
(3) No attornment to the transferee by a lessee from the transferor is required.
(4) The operation of this Schedule includes the making of an order to which this Schedule applies.
5 Date of vesting
An order to which this Schedule applies takes effect on the date specified in the order.
6 Consideration for vesting
An order to which this Schedule applies may specify the consideration on which the order is made and the value or values at which the assets, rights or liabilities are transferred.
7 Stamp duty
Stamp duty is not chargeable in respect of:
(a) the transfer of assets, rights and liabilities to a Port Corporation, the Waterways Authority, the Ministerial Corporation or other person by an order to which this Schedule applies, or
(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).
8 Transfer of interests in land
(1) An order to which this Schedule applies may transfer an interest in respect of land vested in the MSB or any MSB subsidiary without transferring the whole of the interests of the MSB or subsidiary in that land.
(2) If the interest transferred is not a separate interest, the order operates to create the interest transferred in such terms as are specified in the order.
(3) This clause does not limit any other provision of this Schedule.
9 Determinations of Minister for purposes of orders
For the purposes of any order to which this Schedule applies, a determination by the Minister as to the port to which any assets, rights or liabilities relate, whether any land comprises the bed of the waters of a port or whether any assets, rights or liabilities are port safety assets, rights or liabilities is conclusive.
10 Confirmation of vesting in Ministerial Corporation or the Waterways Authority
(1) The Minister may, by notice in writing, confirm the transfer to the Ministerial Corporation of particular assets, rights or liabilities by the operation of section 32 (as in force immediately before its repeal) or the transfer to the Waterways Authority of particular assets, rights or liabilities by the operation of section 40A.
(2) Such a notice is evidence of that transfer.
11 Successor of MSB, MSB subsidiary or Ministerial Corporation
The Waterways Authority is taken for all purposes, including the rules of private international law, to be the successor of the MSB, of each MSB subsidiary and of the Ministerial Corporation (except in respect of assets, rights and liabilities transferred under this Act to any other body or person).
12 Leases
(1) Any lease entered into by the Ministerial Corporation between 10 March 2000 and the date of commencement of this clause is taken to have been entered into by the Ministerial Corporation as the agent of the Waterways Authority.
(2) On and from the abolition of the Ministerial Corporation, any interest of the Ministerial Corporation in any such lease is transferred to the Waterways Authority.