NATIONAL PARKS AND WILDLIFE ACT 1972 - SCHEDULE 12
NATIONAL PARKS AND WILDLIFE ACT 1972 - SCHEDULE 12
Schedule 12—Dissolution of General Reserves Trust
In this Schedule—
asset includes—
(a) a
present, contingent or future legal or equitable estate or interest in real or
personal property; or
(b) a
present, contingent or future right, power, privilege or immunity,
(and includes a present or future cause of action in favour of the General
Reserves Trust);
General Reserves Fund means the General Reserves Fund continued in existence
under section 45M of this Act after the commencement of this Schedule;
General Reserves Trust means the General Reserves Trust established by
proclamation under section 45B of the Act on 30 November 1978
(see Gazette 30.11.1978 p2096 and 2097 );
liability includes a present, contingent or future liability or obligation
(including a non-pecuniary obligation and a present or future cause of action
against the General Reserves Trust).
2—Dissolution of General Reserves Trust
The General Reserves Trust is dissolved and all members of the Trust holding
office immediately before the commencement of this clause cease to hold
office.
3—Vesting of property etc in Minister
(1) All assets, rights
and liabilities of the General Reserves Trust are transferred to the Minister.
(2) The vesting of
assets or liabilities under this clause operates by force of this clause and
despite the provisions of any other law or instrument.
(3) The
Registrar-General or another authority required or authorised under a law of
the State to register or record transactions affecting assets or liabilities,
or documents relating to such transactions, must, on application under this
clause, register or record in an appropriate manner a vesting under this
clause.
(4) No fee is payable
in respect of an application under subclause (3).
(5) Subject to
subclause (6), a reference in any instrument or contract, agreement or
other document to the General Reserves Trust will have effect as if it were a
reference to the Minister.
(6) Subclause (5) does
not apply to any reference excluded by the Governor by proclamation.
(7) Subclause (5) has
effect despite the provisions of any other law or instrument.
(8) Nothing done under
this clause—
(a)
constitutes a breach of, or default under, an Act or other law; or
(b)
constitutes a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(c)
constitutes a breach of a duty of confidence (whether arising by contract, in
equity or by custom or in any other way); or
(d)
constitutes a civil or criminal wrong; or
(e)
terminates an agreement or obligation or fulfils any condition that allows a
person to terminate an agreement or obligation, or gives rise to any other
right or remedy; or
(f)
releases a surety or other obligee wholly or in part from an obligation.