New South Wales Consolidated Acts

SYDNEY MARKET AUTHORITY (DISSOLUTION) ACT 1997 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 25)

1 Definitions

In this Schedule:
"licence or permit" means a licence or permit referred to in clause 2.
"long-term licence or permit" means a licence or permit to which clause 3 applies.
"short-term licence or permit" means a licence or permit to which clause 4 applies.

2 Continuation of certain licences and permits

Subject to clauses 3 and 4, any licence or permit held by any person from the Sydney Market Authority under section 11 (2) (e) of the former Act and in force immediately before the sale date:

(a) is taken to be a licence or permit held by that person from the approved purchaser, and

(b) continues to have effect, and may be revoked, in accordance with the terms and conditions to which it is subject.

3 Long-term licences and permits

(1) This clause applies to any licence or permit:

(a) that relates to the use or occupation of any part of the Flemington site or the Haymarket site for the sale or disposal of farm produce or other merchandise, and

(b) that is identified in a sale agreement as a long-term licence or permit.

(2) A long-term licence or permit:

(a) unless sooner revoked, ceases to have effect on the date occurring 10 years after the sale date, and

(b) may be revoked by agreement between the holder of the licence or permit and the approved purchaser.

(3) Subject to subclause (2), a long-term licence or permit may be varied in either or both of the following ways:

(a) by agreement between the holder of the licence or permit and the approved purchaser,

(b) in accordance with the terms and conditions to which the licence or permit is subject.

(4) The terms and conditions of a long-term licence or permit may be varied by the approved purchaser by notice in writing served on the holder of the licence or permit.

(5) No duty is chargeable under the Stamp Duties Act 1920 in respect of any licence or permit granted by the approved purchaser to replace a long-term licence or permit.

4 Short-term licences and permits

(1) This clause applies to any licence or permit that is not a long-term licence or permit.

(2) A short-term licence or permit may be varied or revoked in either or both of the following ways:

(a) by agreement between the holder of the licence or permit and the approved purchaser,

(b) in accordance with the terms and conditions to which the licence or permit is subject.

(3) The terms and conditions of a short-term licence or permit may be varied by the approved purchaser by notice in writing served on the holder of the licence or permit.

5 Rentals, fees, dues and other amounts

The approved purchaser may, in connection with a licence or permit, charge such rentals, fees, dues or other amounts as are determined by the approved purchaser.

6 Continuation of certain permissions

Any permission granted by the Sydney Market Authority under section 11 (5) or (6) of the former Act and in force immediately before the sale date:

(a) is taken to be a permission granted by the approved purchaser, and

(b) continues to have effect, and may be revoked, in accordance with the terms and conditions to which it is subject.

7 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act 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.