New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"assets" means any legal or equitable estate or interest (whether present or
future, whether vested or contingent and whether personal or assignable) in
real or personal property of any description (including money), and includes
securities, choses in action and documents.
"liabilities" means any liabilities, debts or obligations (whether present or
future, whether vested or contingent and whether personal or assignable).
"Ministerial Holding Corporation" means the Ministerial Holding Corporation
constituted under section 37B of the SOC Act.
"rights" means any rights, powers, privileges or immunities (whether present
or future, whether vested or contingent and whether personal or assignable).
The Forestry Commission is dissolved.
The Corporation is taken for all purposes, including the rules of private international law, to be a continuation of and the same legal entity as the Forestry Commission.
(1) On the dissolution of the Forestry Commission, the assets, rights and liabilities of the Forestry Commission immediately before its dissolution become the assets, rights and liabilities of the Corporation.
(2) Any such assets are vested in the Corporation without the need for any further conveyance, transfer, assignment or assurance.
(3) Part 3 of this Schedule applies in relation to the vesting of any such assets, rights and liabilities to the extent specified in that Part.
(1) The Treasurer may, at any time before the dissolution of the Forestry Commission, by order in writing, transfer such assets, rights and liabilities of the Forestry Commission as are specified or referred to in the order to the Ministerial Holding Corporation or other person or body representing or acting on behalf of the State.
(2) Part 3 of this Schedule applies to a transfer under this clause.
(1) The Treasurer may, by order in writing, transfer such assets, rights and liabilities of the Corporation as--(a) are vested in the Corporation by operation of clause 4, and(b) are specified or referred to in the order,to the Ministerial Holding Corporation or other person or body acting on behalf of the State, but only during the period of 12 months after the dissolution of the Forestry Commission.
(2) Part 3 of this Schedule applies to a transfer under this clause.
(1) This clause applies to any part of a State forest on which a relevant building is situated.
(2) The Minister may, by notice published in the Gazette--(a) revoke the dedication as State forest of any area of land that is a part of the State forest to which this clause applies, being an area of land not exceeding 20 hectares specified in the notice, and(b) transfer the land concerned to the Corporation.Any such notice also operates to revoke any declaration of the affected land as a special management zone.
(3) On publication in the Gazette of that notice--(a) the land concerned does not become Crown land under section 15, and(b) Part 3 of this Schedule applies to the transfer of the land as a transfer of the assets, rights and liabilities of the Crown to the Corporation.
(4) For the purposes of this clause, a
"relevant building" is a building that--(a) was constructed (or commenced to be constructed) by or on behalf of the Forestry Commission before its dissolution, and(b) was used (or constructed to be used) by the Forestry Commission for the purposes of an administrative office, workshop or depot or as a residence ancillary to any such office, workshop or depot.
(5) A reference in this clause to land on which a relevant building is situated includes a reference to any adjacent land the use of which is or was necessary for, or incidental to, the construction or operation of the building.
(6) This clause has effect despite any other provision of this Act.
(1) Proceedings for an offence that were instituted against the Forestry Commission before its dissolution, or that could have been instituted against the Forestry Commission but for its dissolution, may be continued or instituted against the Corporation.
(2) A penalty notice served on the Forestry Commission for an offence or any amount paid by the Forestry Commission in respect of such a penalty notice--(a) is taken to be a penalty notice served on the Corporation, or(b) is taken to be an amount paid by the Corporation,as the case requires.
(1) This Part applies to any transfer of assets, rights or liabilities under clause 5, 6 or 7.
(2) This Part also applies to the vesting of assets, rights and liabilities in the Corporation under clause 4. Such a vesting is taken to be a transfer to which this Part applies.
(3) In this Part, the person or body from which any assets, rights or liabilities are transferred is called the
"transferor" and the person or body to which they are transferred is called the
"transferee" . In the case of the vesting of assets, rights and liabilities under clause 4, the Forestry Commission is taken to be the transferor and the Corporation is taken to be the transferee for the purposes of this Part.
(4) In this Part--
"instrument" means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
(1) When any assets, rights or liabilities are transferred by a transfer to which this Part applies, the following provisions have effect--(a) in the case of a transfer under clause 5, 6 or 7--the assets of the transferor vest in the transferee by operation of this clause without the need for any further conveyance, transfer, assignment or assurance,(b) in the case of a transfer under clause 5, 6 or 7--the rights or liabilities of the transferor become by operation of this clause the rights or liabilities of the transferee,(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the relevant vesting or transfer are taken to be proceedings pending by or against the transferee,(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,(e) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent to which it relates to those assets, rights or liabilities) taken to include a reference to the transferee.
(2) The operation of clause 4 and this clause is not to be regarded--(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(3) The operation of clause 4 and this clause is not to be regarded as an event of default under any contract or other instrument.
(4) No attornment to the transferee by a lessee from the transferor is required.
(5) A transfer is subject to the terms and conditions of the order (if any) by which it is effected.
(6) No compensation is payable to any person or body in connection with a transfer except to the extent (if any) to which the order giving rise to the transfer so provides.
(1) An order under clause 5 takes effect on the date specified in the order, being a date that is on or before the dissolution of the Forestry Commission.
(2) An order under clause 6 takes effect on the date specified in the order, being a date that is after the dissolution of the Forestry Commission but earlier than 12 months after that dissolution.
The Treasurer may, by order in writing, specify the consideration on which a transfer by an order under clause 5 or 6 is made and the value or values at which the assets, rights or liabilities are transferred.
State tax is not chargeable in respect of--
(a) a transfer to which this Schedule applies, or
(b) anything certified by the Treasurer as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
(1) The Treasurer may, by notice in writing, confirm a transfer of particular assets, rights or liabilities by operation of this Part.
(2) Such a notice is conclusive evidence of that transfer.
In this Part--
"enterprise agreement" means an enterprise agreement under the
Fair Work Act 2009 of the Commonwealth.
"existing member of staff" means a person who, immediately before the
commencement of Part 2 of this Schedule, was--
(a) employed in the Forestry Commission Division of the Government Service, or
(b) otherwise employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Forestry Commission to exercise its functions.
(a) the period of 6 months beginning on the transfer date,
(b) the period beginning on the transfer date and ending immediately before the date on which an enterprise agreement first takes effect in relation to the staff member.
(1) The Treasurer may, by order in writing, transfer such existing members of staff as are specified or referred to in the order to the employment of the Corporation.
(2) Any such staff who are transferred to the Corporation by order under this clause are to be regarded for all purposes as having become employees of the Corporation, in accordance with the terms of the order and this Part, on the day specified in the order as being the day on which the transfer takes effect.
(1) This clause does not apply in relation to a transferred staff member if an enterprise agreement relating to that staff member is entered into before the transfer date.
(2) During the transition period, the employment of a transferred staff member with the Corporation is to be on the same terms and conditions relating to the following matters as applied to the person's employment as an existing member of staff immediately before the transfer date--(a) hours of work,(b) salary,(c) shift, overtime and penalty rates,(d) allowances,(e) leave.
(1) A transferred staff member--(a) retains any rights to annual leave, extended or long service leave, sick leave, or other forms of leave, accrued or accruing in his or her employment as an existing member of staff, and(b) is not entitled to receive any payment or other benefit (including in the nature of severance pay or redundancy or other compensation) merely because the member ceases to be in the employment from which the member was transferred, and(c) is not entitled to claim, both under this Act or any other Act, dual benefits of the same kind for the same period of service.
(2) Without limiting subclause (1), a transferred staff member is not, despite any other provision of this or any other Act, entitled to elect, because of that transfer, to be paid the money value of any extended or annual leave that the member accrued in the employment from which the member was transferred.
(3) The Forestry Commission is taken to be an authority to which Schedule 4 to the SOC Act applies.
(1) If an existing staff member is transferred by order under clause 16, the Industrial Relations Commission has no jurisdiction to determine an industrial matter (within the meaning of the Industrial Relations Act 1996 ) relating to the staff member if--(a) the Fair Work Act 2009 of the Commonwealth has excluded the application of State industrial laws (within the meaning of section 26 of that Act) in relation to the matter, or(b) the matter is an appeal to which Part 7 of Chapter 2 of the Industrial Relations Act 1996 applies.
(2) This clause does not affect the jurisdiction of the Industrial Relations Commission in relation to a matter that is the subject of an application under section 146B of the Industrial Relations Act 1996 .