New South Wales Repealed Acts

This legislation has been repealed.

CATCHMENT MANAGEMENT ACT 1989 - SCHEDULE 6

SCHEDULE 6 – Savings, transitional and other provisions

(Section 64)

Part 1 - Preliminary

1 Savings and transitional 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 on the date of assent to this Act or a later date.

(3) To the extent to which any such provision takes effect on 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 relating to the repeal of the Hunter Valley Conservation Trust Act 1950

2 Definitions

In this Part:
"new Trust" means the Hunter Valley Catchment Management Trust constituted under this Act.
"old Trust" means the Hunter Valley Conservation Trust constituted under the Hunter Valley Conservation Trust Act 1950 .
"relevant day" means the day on which section 70 commences.

3 Dissolution of old Trust

The Hunter Valley Conservation Trust constituted under the Hunter Valley Conservation Trust Act 1950 is dissolved on the relevant day.

4 Establishment of Hunter Valley Catchment Management Trust

(1) The Hunter Valley Catchment Management Trust is to be taken to have been established on the recommendation of the Minister administering this Act.

(2) The new Trust is a continuation of, and the same legal entity as, the old Trust.

(3) The Trust area of the new Trust is the same as the area of the old Trust.

5 Members of the old Trust

A person who, immediately before the relevant day, held office as a trustee of the old Trust:

(a) holds office as a trustee of the new Trust (including any appointment as Chairperson or Deputy Chairperson) for the remainder of his or her term of office or for 5 years, whichever is the lesser period, and

(b) is eligible (if otherwise qualified) for appointment or re-appointment.

6 Staff of the old Trust

(1) Any person who, immediately before the relevant day, was employed by the old Trust becomes, on that day, an employee of the new Trust with the same rights and entitlements and subject to the same obligations as those applicable to the person immediately before that day.

(2) An employee is not entitled to claim, both under this Act and any other Act, benefits in respect of the same period of service.

7 Construction of references

On and from the relevant day, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to the old Trust is to be read as a reference to the new Trust.

8 Hunter Valley Conservation Trust Loan Certificate Regulations

The Hunter Valley Conservation Trust Loan Certificate Regulations continue to have effect in relation to any financial accommodation to which they apply as if the Hunter Valley Conservation Trust Act 1950 had not been repealed.

9 Saving of decisions etc

Any decision, recommendation or other act, matter or thing given, made or done by the old Trust under a provision of the Hunter Valley Conservation Trust Act 1950 and in force or having effect immediately before the relevant day continues to apply as if the old Trust had not been abolished and, where applicable, applies as if given, made or done under this Act.

Part 3