New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 51)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActEnvironmental Planning and Assessment Amendment Act 2006
(2) Any such 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 any such 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.
In
this Schedule:
"assets" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description (including money), and includes securities, choses in action and
documents.
"liabilities" means any liabilities, debts or obligations (whether present or
future and whether vested or contingent).
"rights" means any rights, powers, privileges or immunities (whether present
or future and whether vested or contingent).
(1) On the commencement of this clause, the Australian Technology Park vests in the Authority for an estate in fee simple:(a) without the need for any further conveyance, transfer, assignment or assurance, and(b) subject to any trusts, estates, interests, dedications, conditions, restrictions and covenants to which the Park was subject immediately before that commencement.
(2) On the vesting of the Australian Technology Park in the Authority by this clause, the following provisions have effect:(a) the rights or liabilities of the Sydney Harbour Foreshore Authority in relation to the Park (including any rights held by that Authority in relation to the management of the Park or through its subsidiaries) become by virtue of this clause the rights or liabilities of the Authority,(b) all proceedings relating to the Park commenced before the transfer by or against the Sydney Harbour Foreshore Authority or a predecessor of that Authority and pending immediately before the transfer are taken to be proceedings pending by or against the Authority,(c) any act, matter or thing done or omitted to be done in relation to the Park before the transfer by, to or in respect of the Sydney Harbour Foreshore Authority is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Authority.
(3) No compensation is payable to any person or body in connection with the operation of this clause.
(4) The operation of this clause 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.
(5) The operation of this clause is not to be regarded as an event of default under any contract or other instrument.
(6) No attornment to the transferee by a lessee from the Sydney Harbour Foreshore Authority is required.
(7) In this clause, "Australian Technology Park" means Lot 50, DP 859192, City of Sydney, Parish of Alexandria and Parish of Petersham, County of Cumberland.
(8) Any dispute arising under this clause between the Authority and the Sydney Harbour Foreshore Authority may be resolved by agreement between the Minister and the Minister administering the Sydney Harbour Foreshore Authority Act 1998 or, if agreement cannot be reached, by the Premier.
(9) A Minister or public authority must comply with any direction arising out of the resolution of a dispute under this clause and for that purpose is empowered to do so, despite the provisions of this or any other Act.
Duty under the Duties Act 1997 is not chargeable for or in respect of:
(a) a transfer effected by or under this Schedule, or
(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
In this Part:
"amending Act" means the Environmental Planning and Assessment Amendment Act
2006 .
Section 27A, as inserted by the amending Act, applies to and in respect of a development application lodged before the commencement of that section.
Section 29 (4), as inserted by the amending Act, applies to and in respect of the following:
(a) a development application lodged before the commencement of that subsection,
(b) development that has been declared, before the commencement of that subsection, to be a project to which Part 3A of the Environmental Planning and Assessment Act 1979 applies.
Section 30 (1A), as inserted by the amending Act, does not affect a condition imposed, before the commencement of that subsection, under Division 6A of Part 4 of the Environmental Planning and Assessment Act 1979 , and any such condition continues to have effect as if that subsection had not commenced.
Section 32 (1A), as inserted by the amending Act, does not affect a condition imposed, before the commencement of that subsection, under section 31 of this Act or section 94 of the Environmental Planning and Assessment Act 1979 , and any such condition continues to have effect as if that subsection had not commenced.