New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends 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) Any such provision may, if the regulations so provide, have effect notwithstanding any other provision of this Schedule.
(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than a public sector agency), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than a public sector agency) in respect of anything done or omitted to be done before the date of its publication.
The regulations may provide that a reference in a specified provision of an Act or an instrument under an Act to an electricity network SOC is to be read as a reference to a specified public sector agency or authorised network operator.
The Treasurer may by direction in writing to an electricity network SOC vary the information required to be included in a report of the operations of the SOC under section 23 of the State Owned Corporations Act 1989 .
A distributor's licence held (including deemed to be held) by an electricity network SOC under the Electricity Supply Act 1995 is cancelled on completion of an authorised transaction under this Act that results in the network infrastructure assets of the SOC being leased to a private sector entity.
(1) The Governor may, by proclamation, amend Part 1A or 2 of Schedule 1 to the Energy Services Corporations Act 1995 by omitting the corporate name of an electricity network SOC, other than Essential Energy.
(2) On the day on which a proclamation under this clause takes effect--(a) the electricity network SOC whose corporate name is omitted by the proclamation is dissolved, and(b) the State Owned Corporations Act 1989 is amended by omitting that name from Schedule 5, and(c) the voting shareholders (within the meaning of the State Owned Corporations Act 1989 ) of the corporation cease to be members of the corporation, and(d) the board of directors of the corporation is dissolved and each member (including any acting member) of the board ceases to hold office as such, and(e) any person who holds a statutory office of the corporation ceases to hold that office, and(f) any person who ceases to be a member of the corporation or to hold an office because of the operation of this clause is not entitled to any compensation for the loss of that membership or office.
(3) Section 15 (Transfer of staff, assets, rights and liabilities of dissolved energy services corporations) of the Energy Services Corporations Act 1995 applies in respect of the dissolution of an electricity network SOC by proclamation under this clause in the same way as it applies to the dissolution of an energy services corporation by that Act.
(4) This clause does not operate to dissolve the joint board of energy distributors provided for by section 9A of the Energy Services Corporations Act 1995 or result in the members of that board ceasing to hold office.
(1) The Treasurer may by order published in the Gazette convert an electricity network SOC into a corporation constituted as a Ministerial Holding Corporation for the purposes of this Act with the corporate name specified in the order.Editorial note : For orders published under this subclause, see Gazettes No 114 of 16.12.2015, p 4085; No 103 of 1.12.2016, p 3367 and No 62 of 14.6.2017, p 2502. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.
(2) The Ministerial Holding Corporation so constituted is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the electricity network SOC concerned and a reference in this Act to the electricity network SOC includes a reference to the Ministerial Holding Corporation.
(3) Division 2 applies to a Ministerial Holding Corporation into which an electricity network SOC is converted under this clause in the same way as that Division applies to a Ministerial Holding Corporation established under that Division and so applies as if the functions of the Ministerial Holding Corporation included the function of holding, on behalf of the Crown, assets, rights and liabilities vested in it.
(4) The following provisions are taken to have had effect immediately before an electricity network SOC is converted into a Ministerial Holding Corporation under this clause--(a) the SOC ceases to be a statutory State owned corporation for the purposes of the State Owned Corporations Act 1989 or any other State legislation,(b) the SOC ceases to be an energy services corporation under the Energy Services Corporations Act 1995 unless the regulations provide otherwise,(c) the voting shareholders (within the meaning of the State Owned Corporations Act 1989 ) of the SOC cease to be members of the corporation,(d) the board of directors of the SOC is dissolved and each member (including any acting member) of the board ceases to hold office as such,(e) any person who holds a statutory office of the SOC ceases to hold that office,(f) any person who ceases to be a member of the SOC or to hold an office because of the operation of this clause is not entitled to any compensation for the loss of that membership or office.
(5) This clause does not operate to dissolve the joint board of energy distributors provided for by section 9A of the Energy Services Corporations Act 1995 or result in the members of that board ceasing to hold office.
(6) When an electricity network SOC is converted into a Ministerial Holding Corporation under this clause, section 7.7 (Final annual GSF financial statements for former reporting GSF agencies) of the Government Sector Finance Act 2018 applies as if the SOC had been abolished.
(1) The joint board of energy distributors provided for by section 9A of the Energy Services Corporations Act 1995 ceases to be a joint board for the purposes of that section on a day notified to the board by the Treasurer by order in writing and becomes instead the board of Essential Energy.
(2) Sections 9A and 9B of the Energy Services Corporations Act 1995 cease to operate on and from the day notified under this clause.
In this
Division--
"authorised transaction Act" means each of the following Acts--
this Act
Electricity Generator Assets (Authorised Transactions) Act 2012
NSW Lotteries (Authorised Transaction) Act 2009
Ports Assets (Authorised Transactions) Act 2012
any other Act prescribed by the regulations.
Electricity Assets Ministerial Holding Corporation established by the Electricity Generator Assets (Authorised Transactions) Act 2012
Lotteries Assets Ministerial Holding Corporation established by the NSW Lotteries (Authorised Transaction) Act 2009
Ports Assets Ministerial Holding Corporation established by the Ports Assets (Authorised Transactions) Act 2012 .
(1) The Treasurer may by order published in the Gazette constitute a corporation as a Ministerial Holding Corporation (an
"MHC" ) for the purposes of this Act with the corporate name specified in the order.
(2) More than one MHC may be established under this clause.
(3) The affairs of an MHC are to be managed by the Treasurer who may authorise another Minister to exercise functions in relation to particular assets, rights and liabilities.
(4) Any act, matter or thing done in the name of, or on behalf of, an MHC by the Treasurer or a Minister authorised by the Treasurer, or with the authority of the Treasurer or any such Minister, is taken to have been done by the MHC.
(1) An MHC has the functions conferred or imposed on it by or under this or any other Act.
(2) The functions of an MHC are--(a) to hold, on behalf of the Crown, assets, rights and liabilities acquired by it or transferred to it by or under an authorised transaction Act, and(b) to carry on any activities or business that relate to any assets, rights and liabilities held by it, including demanding, collecting and receiving charges, levies, rates and fees, and(c) such other functions for the purposes of an authorised transaction under an authorised transaction Act as may be prescribed by the regulations.
(1) A fund (an
"MHC fund" ) is to be established in the Special Deposits Account for each MHC.
(2) Each MHC fund is to be administered by the Treasurer.
(3) There is payable into an MHC fund all money received by the MHC in the exercise of its functions under this or any other Act.
(4) There is payable from an MHC fund such amounts as the Treasurer directs from time to time for--(a) payment of expenditure by the MHC in the exercise of its functions, or(b) payment of administrative expenses incurred in relation to the fund, or(c) payment to the Consolidated Fund.
(5) The Treasurer may invest money in an MHC fund in any way that the Treasurer considers appropriate.
Assets, rights and liabilities held by an MHC or existing MHC may be transferred by the MHC or existing MHC to any other public sector agency whether or not the transfer is for the purposes of an authorised transaction under an authorised transaction Act.
Part 3 (Audit) of the Government Sector Audit Act 1983 and Division 7.2 (Financial reporting) of the Government Sector Finance Act 2018 do not apply to an MHC in respect of a financial year of the MHC in which the MHC holds no assets, rights or liabilities.
The Treasurer may by order published in the Gazette change the name of an MHC or existing MHC.
The regulations may dissolve an MHC or existing MHC.
Note : This clause provides transitional arrangements for the exercise of environmental assessment functions commenced to be exercised before the appropriate regulations commenced to apply to those functions. It does not relate to environmental assessment functions commenced to be exercised after the appropriate regulations commenced to apply to those functions.
(1) An authorised network operator must exercise its environmental assessment functions in respect of an activity that were commenced to be exercised before the appropriate regulations commenced to apply to the authorised network operator (including functions commenced to be exercised by the predecessor of the authorised network operator)--(a) in a manner with which the Minister for Planning concurs, or(b) in compliance with appropriate regulations for the activity.
(2) For the purposes of this clause, environmental assessment functions exercised in respect of an activity by the predecessor of an authorised network operator are taken to have been exercised by the authorised network operator.
(3) In this clause--
"appropriate regulations" for an activity means--(a) regulations under section 111A of the Planning Act that apply to an activity of an authorised network operator as a prescribed determining authority (unless paragraph (b) applies), or(b) if the regulations referred to in paragraph (a) provide for the approval of a code in respect of the activity--the code approved under those regulations.
"environmental assessment functions" means functions as a prescribed determining authority under section 111 of the Planning Act.
"Planning Act" means the Environmental Planning and Assessment Act 1979 .
"predecessor" of an authorised network operator means the electricity network SOC that was the network operator of the distribution or transmission system concerned before the authorised network operator became the network operator.
"prescribed determining authority" means a prescribed determining authority under section 111A of the Planning Act.