New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 34)
In this Schedule:
"former trustees" means the persons who, immediately before the commencement
of this Act, held office as trustees of the trust lands, and includes the
Wollongong Public Recreation and Showground Trust.
"trust lands" means the lands described in Part 1 of Schedule 1 (Wollongong
Showground).
"Wollongong Public Recreation and Showground Trust" means the corporation
notified in the Gazette on 30 May 1986 at p 2507.
(1) The former trustees cease, on the commencement of this Act, to be trustees of the trust lands or any part of them, but any trustee is, if otherwise qualified, eligible to be appointed as a member of the Trust.
(2) The Wollongong Public Recreation and Showground Trust is, on the commencement of this Act, dissolved.
As from the commencement of this Act:
(a) the property of the former trustees relating to the care, control and management of the trust lands, including all money, books of account, registers, records and all documents and things relating to, or connected with, the operation of the trust lands, shall become the property of the Trust,
(b) all money and liquidated and unliquidated claims that, immediately before that commencement, were payable to or recoverable by the former trustees in connection with the care, control and management of the trust lands shall be money and liquidated and unliquidated claims payable to or recoverable by the Trust,
(c) all proceedings pending immediately before that commencement at the suit of the former trustees, in connection with the care, control and management of the trust lands, shall be deemed to be proceedings pending at the suit of the Trust and all proceedings so pending at the suit of any person against the former trustees shall be deemed to be proceedings pending at the suit of that person against the Trust,
(d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the former trustees, in connection with the care, control and management of the trust lands, and in force immediately before that commencement, shall be deemed to be contracts, agreements, arrangements and undertakings entered into with, and securities given to or by, the Trust,
(e) the Trust may, in connection with the care, control and management of the trust lands, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this clause, and for the prosecution of proceedings so referred to, as the former trustees might have done but for this Act,
(f) the Trust may enforce and realise any security or charge existing immediately before that commencement in favour of the former trustees in connection with the care, control and management of the trust lands, and may exercise any powers thereby conferred on the former trustees as if the security or charge were a security or charge in favour of the Trust,
(g) all debts, money and claims, liquidated and unliquidated, that, immediately before that commencement, were due or payable by, or recoverable against, the former trustees in connection with the care, control and management of the trust lands shall be debts due, money payable by and claims recoverable against the Trust,
(h) all liquidated and unliquidated claims in connection with the care, control and management of the trust lands for which the former trustees would, but for this Act, have been liable shall be liquidated and unliquidated claims for which the Trust shall be liable, and
(i) all acts, matters and things done or omitted by, or done or suffered in relation to, the former trustees, being acts, matters and things not referred to in the foregoing provisions of this clause, shall have the same force and effect as if they had been done or omitted by, or done or suffered in relation to, the Trust.
(1) Any person who, immediately before the commencement of this Act, was an employee of the former trustees shall, on that commencement, become an employee of the Trust and:(a) where the wages payable to that person were, immediately before that commencement, regulated by an award or industrial agreement, that person shall be paid wages at a rate not less than the rate which was payable to that person immediately before that commencement as an employee of the former trustees, until those wages are varied by an award by which the Trust is bound made by a competent tribunal or by an industrial agreement to which the Trust is a party,(b) where any condition of employment of that person was, immediately before that commencement, regulated by an award or industrial agreement, that condition shall continue to be so regulated until it is varied by an award by which the Trust is bound made by a competent tribunal, or that condition is regulated by an industrial agreement to which the Trust is a party,(c) annual, sick and long service leave shall continue to accrue to that person on the same basis as they accrued to that person as an employee of the former trustees immediately before that commencement, until that basis is varied or altered in accordance with any Act or law,(d) for the purpose of calculating the entitlement to long service leave of that person under this subclause:(i) any service of the person which by the terms of any Act or of any staff agreement or of any award or industrial agreement was, immediately before that commencement, required to be taken into account for the purpose of determining that person’s entitlement to that leave as an employee of the former trustees shall be deemed to be service with the Trust, and(ii) there shall be deducted from any long service leave to which that employee of the Trust becomes entitled, as such an employee, any long service leave taken by that person in respect of any period of service referred to in subparagraph (i), and(e) that person shall be entitled to receive as an employee of the Trust any annual leave or sick leave accrued to that person as an employee of the former trustees immediately before that commencement.
(2) Nothing in subclause (1) affects the operation of clause 3 (d) in relation to any contracts, agreements or arrangements entered into by the former trustees with respect to any staff superannuation scheme.
(3) A person referred to in subclause (1) shall not be entitled to receive benefits under this Act as well as any other Act in respect of the same period of service.
(4) Nothing in this clause affects the operation of the Industrial Arbitration Act 1940 .
(1) This clause applies to all that piece or parcel of land situated in the County of Camden Parish of Wollongong at Wollongong being Portion 95, as referred to in paragraph (b) of Part 1 of Schedule 1.
(2) The Trust must cause the land to which this clause applies to be surveyed as soon as practicable after the commencement of this clause to determine the correct position of the boundaries of the land.
(1) This clause applies to all that piece or parcel of land situated in the County of Camden Parish of Wollongong at Wollongong being Portion 95, as referred to in paragraph (b) of Part 1 of Schedule 1, other than any part of that land on which is situated (as on the day this clause commences) a road, building or other permanent structure.
(2) The Catholic Cemeteries Board ( "the Board") may locate, exhume, and remove the remains of any person buried in the land to which this clause applies.
(3) Any such remains located by the Board must be reburied in a suitable position in Andrew Lysaght Park determined by the Board following consultation with the Council of the City of Wollongong (as trustees of the land comprising the Park).
(4) The Trust must reimburse the Board for such reasonable costs as the Board incurs in the exercise of its functions under subclause (2) as the Trust has approved of in writing.
(5) The Trust must grant the Board access to trust lands to enable the Board to exercise its functions under subclause (2).
(6) The Trust must not commence any construction work on the land to which this clause applies unless the Board has first been given a reasonable opportunity to exercise its functions under subclause (2). The Board must not unreasonably delay in exercising those functions.
(7) This clause has effect despite the provisions of any other Act or law.
(1) The Governor may make regulations containing other provisions of a savings or transitional nature consequent on the enactment of this Act and the following Acts:Wollongong Sportsground and Old Roman Catholic Cemetery Legislation Amendment (Transfer of Land) Act 2001 (but only to the extent that it amends this Act)
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect as from the date of assent to this Act or a later day.
(3) To the extent to which a provision referred to in subclause (1) 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.
(4) A provision referred to in subclause (1) shall, if the regulations so provide, have effect notwithstanding any other clause of this Schedule except clause 4.