New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 52)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
(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.
(1) Despite the repeal of the Sydney Cove Redevelopment Authority (Amendment and Validation) Act 1985 , sections 8-10 of that Act continue to have effect and are taken to have been transferred to this Act.
(2) Sections 8-10 of the Sydney Cove Redevelopment Authority (Amendment and Validation) Act 1985 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
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.
"former Authority" means the Sydney Cove Redevelopment Authority, the City
West Development Corporation or the Darling Harbour Authority.
"liabilities" means any liabilities, debts or obligations (whether present or
future and whether vested or contingent).
"new Authority" means the Sydney Harbour Foreshore Authority.
"rights" means any rights, powers, privileges or immunities (whether present
or future and whether vested or contingent).
(1) The Sydney Cove Redevelopment Authority is dissolved.
(2) A person who held office as a member of the Sydney Cove Redevelopment Authority immediately before it is dissolved is not entitled to any compensation for loss of office.
(1) This clause applies to a person appointed and employed under section 6 of the Sydney Cove Redevelopment Authority Act 1968 immediately before the day on which the Sydney Cove Redevelopment Authority is dissolved, other than a person to whom clause 12 applies.
(2) A person to whom this clause applies is entitled to be appointed to a position in the Public Service in accordance with this clause.
(3) The Governor may, on the recommendation of the Minister, by order published in the Gazette, transfer a person to whom this clause applies to a position in the Public Service (being a position in the new Authority).
(4) A person who is the subject of an order under this clause is to be regarded for all purposes as having become an officer of the Public Service, in accordance with the terms of the order, on the day the Sydney Cove Redevelopment Authority is dissolved.
(5) This clause has effect despite anything in the Public Sector Management Act 1988 and a person transferred under this clause is to be regarded as having been transferred in accordance with any relevant provision of that Act.
(6) A person who is the subject of an order under this clause is taken to be a person who ceases to be employed in a public sector service and immediately commences service in another public sector service within the meaning of Schedule 5A to the Public Sector Management Act 1988 and Schedule 5A to that Act applies to the person accordingly.
(1) The City West Development Corporation is dissolved.
(2) A person who held office as a member of the City West Development Corporation immediately before it is dissolved is not entitled to any compensation for loss of office.
(1) The group of staff attached to the City West Development Corporation is removed from the Department of Urban Affairs and Planning and added to the group of staff attached to the new Authority.
(2) Section 8 (5) of the Public Sector Management Act 1988 applies to the removal of staff in accordance with this clause in the same way as it applies to the removal by the Governor of a branch from a Department and the adding of that branch to another Department under section 55A of that Act.
(1) The Darling Harbour Authority is dissolved.
(2) Part 8 of the Public Sector Management Act 1988 applies to each member of the Authority as if the member had been removed from office by the Governor under section 90 of that Act.
(1) The Darling Harbour Authority is abolished as a department of the Public Service.
(2) All branches of that department are removed from that department and added to the group of public service staff attached to the new Authority.
(3) Section 8 (5) of the Public Sector Management Act 1988 applies to the removal of staff in accordance with this clause in the same way as it applies to the removal by the Governor of a branch from a Department and the adding of that branch to another Department under section 55A of that Act.
(1) This clause applies to a person appointed and employed under section 8 (3) of the Darling Harbour Authority Act 1984 immediately before the day on which the Darling Harbour Authority is dissolved.
(2) A person to whom this clause applies is entitled to be appointed to a position in the Public Service in accordance with this clause.
(3) The Governor may, on the recommendation of the Minister, by order published in the Gazette, transfer a person to whom this clause applies to a position in the Public Service (being a position in the new Authority).
(4) A person who is the subject of an order under this clause is to be regarded for all purposes as having become an officer of the Public Service, in accordance with the terms of the order, on the day the Darling Harbour Authority is dissolved.
(5) This clause has effect despite anything in the Public Sector Management Act 1988 and a person transferred under this clause is to be regarded as having been transferred in accordance with any relevant provision of that Act.
(6) A person who is the subject of an order under this clause is taken to be a person who ceases to be employed in a public sector service and immediately commences service in another public sector service within the meaning of Schedule 5A to the Public Sector Management Act 1988 and Schedule 5A to that Act applies to the person accordingly.
(1) On the dissolution of a former Authority, a reference in any Act, in any instrument made under any Act or in any document of any kind to the former Authority or a predecessor of the former Authority, is taken to be a reference to the new Authority.
(2) On the dissolution of a former Authority, a reference in any Act, in any instrument made under any Act or in any document of any kind to:(a) the Director of the Sydney Cove Redevelopment Authority, in the case of the dissolution of that Authority, or(b) the General Manager of the City West Development Corporation, in the case of the dissolution of that Corporation, or(c) the General Manager of the Darling Harbour Authority, in the case of the dissolution of that Authority,is taken to be a reference to the Chief Executive Officer of the new Authority.
On the dissolution of City West Development Corporation, the person who, immediately before its dissolution, held office as General Manager of City West Development Corporation is taken to be appointed under Part 2 of the Public Sector Management Act 1988 as Chief Executive Officer of the new Authority for the balance of the term of office as General Manager that remained immediately before its dissolution and subject to the same terms and conditions as those on which the person held office immediately before its dissolution, until those terms and conditions are varied in accordance with law.
(1) A person (other than the General Manager of City West Development Corporation) who, immediately before the dissolution of a former Authority, held a senior executive position or a chief executive position within the meaning of the Public Sector Management Act 1988 in a former Authority is, on that dissolution, taken to have been removed from that position by the Governor under section 42Q (1) of that Act and declared by the Governor under section 42Q (2) of that Act to be an unattached officer in the Public Service.
(2) For the purposes of section 42Q (3) (c) of the Public Sector Management Act 1988 and the provisions of that Act referred to in that paragraph, such a person is to be regarded as holding an equivalent (though notional) executive position in the Department comprising the group of staff attached to the new Authority.
(3) A person who is taken to be removed from a position in the Sydney Cove Redevelopment Authority and declared to be an unattached officer in the Public Service under this clause is taken to be a person who ceases to be employed in a public sector service and immediately commences service in another public sector service within the meaning of Schedule 5A to the Public Sector Management Act 1988 and Schedule 5A to that Act applies to the person accordingly.
(1) On the dissolution of a former Authority, the following provisions have effect:(a) the assets of the former Authority vest in the new Authority by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,(b) the rights or liabilities of the former Authority become by virtue of this clause the rights or liabilities of the new Authority,(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the former Authority or a predecessor of the former Authority and pending immediately before the transfer are taken to be proceedings pending by or against the new Authority,(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former 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 new Authority.
(2) 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.
(3) The operation of this clause is not to be regarded as an event of default under any contract or other instrument.
(4) No attornment to the transferee by a lessee from the former Authority is required.
(5) No compensation is payable to any person or body in connection with a transfer.
(6) Subclause (5) does not affect the rights of any member of staff who is the subject of a transfer.
(1) On the commencement of this clause:(a) the land shown hatched and edged heavy black on the map marked “Dawes Point Park” catalogue no 05099916002, copies of which are deposited, on that commencement, in the offices of the new Authority and the Department of Urban Affairs and Planning, and(b) the land shown coloured pink on the map catalogue no 05099916004, copies of which are deposited, on that commencement, in the offices of the new Authority and the Department of Urban Affairs and Planning,vests in the new Authority for an estate in fee simple, subject to any trusts, estates, interests, dedications, conditions, restrictions and covenants to which the land was subject immediately before that commencement, except any trust of which the Sydney City Council was the trustee.
(2) The vesting of land in accordance with this clause is subject to any limitation as to the height or depth of the land concerned that may be shown on the relevant plan.
(3) No compensation is payable to any person or body in connection with the vesting.
(4) The Authority may agree to pay income (or a portion of any income) derived from any part of the land vested in accordance with this clause to the Sydney City Council or a public authority.
(5) This clause does not vest any fee simple estate of the Roads and Traffic Authority, the State Transit Authority or the State Rail Authority in the new Authority.
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).
(1) The Registrar-General must, at the request of the new Authority made in a manner approved by the Registrar-General and on payment of the fee prescribed under the Real Property Act 1900 , make, in the Register kept under that Act, a recording appropriate to signify that a recording made pursuant to section 17 (1) (a) of the Darling Harbour Authority Act 1984 has ceased to have effect.
(2) If a recording pursuant to section 17 (1) (a) of the Darling Harbour Authority Act 1984 has been made in respect of any land, the Registrar-General must not register under the Real Property Act 1900 a transfer of that land to or by a person other than the new Authority unless the transfer would (but for this subclause) be so registrable and unless:(a) a recording pursuant to subclause (1) has been made in respect of the land, or(b) the consent of the new Authority to the transfer has been endorsed on the transfer.
This Schedule is subject to any order that may be made with respect to a former Authority or the new Authority under the Public Sector Management Act 1988 .
The Roads and Traffic Authority is not required to obtain the consent of the new Authority under section 22 with respect to the provision, opening or dedication of any road the construction of which was commenced before the commencement of this clause.