New South Wales Consolidated Acts

STATE PROPERTY AUTHORITY ACT 2006 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 23)

Part 1 - General

1 Regulations

(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.

Part 2 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2008

2 Operation of amendments made by Statute Law (Miscellaneous Provisions) Act 2008

Any thing that was done before the commencement of this clause that could have been validly done under this Act if the amendments made to this Act by the Statute Law (Miscellaneous Provisions) Act 2008 had been in force when it was done is taken to have been validly done on and from the time when it was done.

Part 3 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2009

3 Transfer of certain property removed from Schedule 1

(1) This clause applies to Lot 7, Section 5 in Deposited Plan 759003.

(2) On the transfer date, the property to which this clause applies vests in the original owner 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 land was subject immediately before the transfer date.

(3) Sections 18 (2) and 20 (1)-(4) apply, with any necessary modifications, to, and in respect of, the transfer of the property by the operation of this clause in the same way as those provisions apply to and in respect of the transfer of property under Part 4.

(4) For the avoidance of doubt, in section 18 (2), as applied:

(a) a reference to the transfer date is taken to be a reference to the transfer date within the meaning of this clause, and

(b) a reference to the Authority is taken to be a reference to the original owner, and

(c) a reference to the transferor is taken to be a reference to the Authority.

(5) In this clause:
"original owner" means the government agency which held the property to which this clause applies immediately before it was vested in the Authority by this Act.
"transfer date" means the date on which the description of the property to which this clause applies was omitted from Schedule 1 by the Statute Law (Miscellaneous Provisions) Act 2009 .

4 Transfer date of amended descriptions

For the avoidance of doubt, the amendment of the description of a lease listed in Schedule 1 by the Statute Law (Miscellaneous Provisions) Act 2009 does not affect the date on which the transfer of that lease was purported to occur.