CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 98 Catchment Management Authorities deemed to be the same body

CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 98

    (1)     Despite the commencement of section 151 of the 2006 Act—

        (a)     a Catchment Management Authority that was in existence immediately before that commencement, is deemed to continue in existence, on and from that commencement, as if it were established under Division 3 of Part 2 of this Act as in force on and from that commencement; and

        (b)     each member of a Catchment Management Authority that was in existence immediately before that commencement, is deemed to continue in office as a member of the board of the Catchment Management Authority (as deemed to be established under Division 3 of Part 2) as if the member had been appointed under that Division for the remaining period of that member's term of appointment.

    (2)     Despite the commencement of section 151 of the 2006 Act—

        (a)     any rights, property and assets that immediately before that commencement were vested in a Catchment Management Authority are deemed to be vested in the Catchment Management Authority (as deemed to be established under Division 3 of Part 2); and

        (b)     any debts, liabilities and obligations of a Catchment Management Authority that were existing immediately before that commencement are deemed to be the debts, liabilities and obligations of the Catchment Management Authority (as deemed to be established under Division 3 of Part 2); and

        (c)     a Catchment Management Authority (as deemed to be established under Division 3 of Part 2) is deemed to be substituted as a party to any proceedings pending in any court to which the Catchment Management Authority was a party immediately before that commencement; and

        (d)     a Catchment Management Authority (as deemed to be established under Division 3 of Part 2) is substituted as a party to any arrangement or contract entered into by or on behalf of the Catchment Management Authority and in force immediately before that commencement; and

        (e)     any reference to a Catchment Management Authority in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever, so far as it relates to any period after that commencement and if not inconsistent with the context or subject-matter, must be construed as a reference to the Catchment Management Authority (as deemed to be established under Division 3 of Part 2).

    (3)     For the purposes of this Act, a catchment and land protection region of a Catchment Management Authority (that is deemed to be established under Division 3 of Part 2) is deemed to be the area that was the catchment and land protection region of the Catchment Management Authority immediately before the commencement of section 151 of the 2006 Act.

Ss 99–102

inserted by No. 39/1998 s. 10, repealed by No. 85/2006 s. 158.

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S. 103

inserted by No. 39/1998 s. 10.