New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) A reference in any other Act or statutory instrument, or in any other instrument, or in any contract or agreement, to the General Manager of a corporation is to be construed--(a) before the commencement of Schedule 3 [4[#93] to the Environmental Planning and Assessment Amendment Act 2006 --as a reference to the Director-General, and(b) on or after that date--as a reference to the chief executive of that corporation.
(2) A reference in any other Act or statutory instrument, or in any other instrument, or in any contract or agreement, to the Director-General, in respect of the Director-General's responsibilities as the chief executive of a development corporation, is, on or after the commencement of Schedule 3 [4[#93] to the Environmental Planning and Assessment Amendment Act 2006 , to be construed as a reference to the chief executive of that corporation.
(1) The Macarthur Development Corporation is a continuation of, and the same legal entity as, the corporation sole with the corporate name "Director, Macarthur Growth Area".
(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) To the extent to which any such provision takes effect from 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.
In this Part,
"the amending Act" means the Growth Centres (Development Corporations)
Amendment Act 2008 .
(1) The substitution of Part 2 of this Act by Schedule 1 [4[#93] to the amending Act does not affect--(a) the status of any growth centre that existed immediately before that substitution, and(b) the corporate status of any development corporation that existed immediately before that substitution, and each such development corporation is the continuation of, and is the same legal entity as, the development corporation constituted under the same name before that substitution.
(2) On the substitution of Part 2 of this Act by Schedule 1 [4[#93] to the amending Act--(a) each development corporation that existed immediately before that substitution ceases to be a corporation comprised of members and becomes a corporation without members, and(b) the members of each development corporation cease to hold office as members of the corporation, but are not entitled to be paid any compensation by reason of ceasing to hold office, and(c) each person holding office as the chief executive of a development corporation immediately before that substitution is taken to be appointed under section 6B of this Act on the same terms and conditions on which, and for the balance of the term for which, the person was appointed, and(d) a board is constituted for each such development corporation, and(e) each person who was an appointed member of such a development corporation immediately before that substitution is taken to have been appointed to that board under the relevant provision of section 6A of this Act as if the amending Act had been in force at the time of the appointment, and
Anything done before the commencement of the following provisions that would have been validly done had those provisions been in force when it was done is validated--
(a) section 5 (1) (c) of, and clause 2 of Schedule 1A to, this Act (as inserted by the amending Act),
(b) Schedule 1 [3[#93] to the amending Act.
In this Part--
"instrument" has the same meaning as in clause 1 of Schedule 1A.
"relevant corporation" means the corporation constituted under section 8 (1)
of the Environmental Planning and Assessment Act 1979 .
On the commencement of this clause (as inserted by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 )--
(a) the Growth Centres Commission is dissolved, and
(b) the chief executive of the Growth Centres Commission ceases to hold office and for that purpose is taken to have been removed from office under section 77 of the Public Sector Employment and Management Act 2002 , and
(c) the assets, rights and liabilities of the Growth Centres Commission are transferred to the relevant corporation.
(1) The following provisions have effect in relation to the transfer under clause 9 of the assets, rights and liabilities of the Growth Centres Commission (
"the transferor" ) to the relevant corporation (
"the transferee" )--(a) the assets of the transferor vest in the transferee by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,(b) the rights or liabilities of the transferor become by virtue 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 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 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) the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for this clause, whether or not those entitlements and obligations were actual or potential at the time the transfer took effect,(f) a reference in any instrument made under any Act or in any document of any kind (other than an instrument of appointment) to the Growth Centres Commission or to the chief executive of the Growth Centres Commission is taken to include a reference to--(i) if the reference is used in relation to the operational functions of the Growth Centres Commission--the Director-General of the Department of Planning, or(ii) in any other case--the transferee.
(2) For the purpose of subclause (1) (f), the
"operational functions" of the Growth Centres Commission include functions under this Act, the Environmental Planning and Assessment Act 1979 or the Threatened Species Conservation Act 1995 , or any other Act, that relate to the following--(a) promoting, co-ordinating, managing or securing the orderly and economic use and development of the areas of land comprising the former North West and South West Growth Centres (including, but not limited to, matters relating to precinct planning and development contributions),(b) protecting, conserving or enhancing the environment within those areas of land or any areas that are related to those areas.
(3) The regulations made under clause 3 of this Schedule may provide that a reference in any specified instrument or other document to the Growth Centres Commission is taken to include a reference to--(a) the relevant corporation, or(b) the Director-General of the Department of Planning.
(4) Any such regulation has effect despite subclause (1) (f) and may take effect on a date that is earlier than the date of its publication in the Gazette.
(5) The operation of 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, or(d) as an event of default under any contract or other instrument.
(6) No attornment to the transferee by a lessee from the transferor is required.
(7) No compensation is payable to any person or body in connection with the transfer.
(8) Duty under the Duties Act 1997 is not chargeable for or in respect of--(a) the transfer, or(b) anything certified by the Minister as having been done in consequence of the transfer (for example, the transfer or conveyance of an interest in land).
(1) Schedule 1A, as amended by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 , extends to any transfer of assets, rights or liabilities, consequent on an order to which that Schedule applies, that was made at any time before the commencement of the amendment.
(2) For that purpose--(a) the amendment is taken to have been in force when the relevant transfers occurred, and(b) any such transfer is taken to have been validly made if it could have been made after that commencement.
(3) This clause does not apply to any transfer to the extent that it is affected by any proceedings of a court that were finally determined before that commencement.
(4) For the purposes of this clause, proceedings are not finally determined if--(a) any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or(b) any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).
In this
Part--
"ATPSL" means Australian Technology Park Sydney Limited (ACN 060 969 119) and,
if the name of that company is duly changed, includes the company under its
changed name.
"former Authority" means the Redfern-Waterloo Authority constituted under the
Redfern-Waterloo Authority Act 2004 as in force immediately before its
repeal.
"Redfern-Waterloo Fund" has the same meaning as in the repealed Act.
"repeal date" means the date on which the Redfern-Waterloo Authority Act 2004
is repealed by the Redfern-Waterloo Authority Repeal Act 2011 .
"repealed Act" means the Redfern-Waterloo Authority Act 2004 .
"SMDA" means the Sydney Metropolitan Development Authority.
(1) On the repeal date, the former Authority is dissolved.
(2) On the repeal date--(a) each person appointed as a member of the Board of the former Authority ceases to hold office as such a member, and(b) each person appointed as a member of an advisory committee under section 12 of the repealed Act ceases to hold office as such a member.
(3) A person who ceases to hold office under this clause is not entitled to any remuneration or compensation because of the loss of that office.
(4) On the repeal date, any member of staff of the Office of the former Authority is transferred to the Office of SMDA.
(5) On and from the repeal date, a reference in any Act, in any instrument made under an Act or in a document of any kind--(a) to the former Authority is to be construed as a reference to SMDA, or(b) to the Office of the former Authority (in relation to any member of staff transferred under subclause (4)) is to be construed as a reference to the Office of SMDA.
(1) On the repeal date, the Redfern-Waterloo Fund is abolished.
(2) A reference in this Part to the assets, rights and liabilities of the former Authority extends to assets, rights and liabilities in connection with the Redfern-Waterloo Fund.
(1) On the repeal date, the assets, rights and liabilities of the former Authority are transferred to SMDA.
(2) Part 2 of Schedule 1A has effect in relation to the transfer under this clause as if a reference in that Part to an order were a reference to this clause.
(1) The Minister may, by order in writing, transfer to another public sector agency any assets, rights and liabilities transferred to SMDA under clause 15 that are specified or referred to in the order.
(2) Part 2 of Schedule 1A has effect in relation to a transfer under this clause as if a reference in that Part to an order were a reference to an order under this clause.
(3) This clause does not apply to the asset consisting of the interest, transferred under clause 15, that SMDA has in ATPSL.
(4) In this clause,
"public sector agency" means any of the following--(a) the State (including the Crown in right of the State),(b) a Minister,(c) the Ministerial Development Corporation,(d) the Ministerial Holding Corporation constituted by the State Owned Corporations Act 1989 ,(e) a State owned corporation within the meaning of the State Owned Corporations Act 1989 ,(f) a public authority of the State,(g) any other person acting on behalf of the State (or the Crown in right of the State).
(5) An order may not be made under this clause more than 2 years after the commencement of this clause.
(1) On and from the repeal date, SMDA has such functions as are necessary or convenient for the purposes of managing the affairs of ATPSL.
(2) Those functions are additional to the functions that SMDA has, as a development corporation, under this or any other Act.
(3) However, SMDA cannot--(a) sell or dispose of an interest in ATPSL, or(b) approve of another person becoming a member of ATPSL.
(4) ATPSL may continue to exercise any function that it could exercise immediately before the repeal date.
(1) This clause applies on and from the repeal date.
(2) Sections 30- 32 of the repealed Act continue to have effect.
(3) A reference in those sections or in any related contributions instrument to payment of money into the Redfern-Waterloo Fund is taken to be a reference to payment into a fund used by SMDA for the purposes of those sections.
(4) A reference in section 32 of the repealed Act or in any related contributions instrument--(a) to the former Authority is taken to be a reference to SMDA, or(b) to the Minister administering the repealed Act is taken to be a reference to the Minister administering this Act.
(5) For the purposes of enabling SMDA to enter into a planning agreement under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 , any public notice given or other action taken by the former Authority for the purposes of the agreement, is taken to have been given or taken by SMDA.
(6) In this clause,
"related contributions instrument" means any of the following--(a) any condition referred to in section 30 or 31 of the repealed Act,(b) any contributions plan referred to in section 32 of the repealed Act,(c) any planning agreement entered into under section 28A of the repealed Act.
(1) The Redfern-Waterloo Plan is taken to be an approved scheme--(a) for any part of the growth centre in respect of which SMDA is constituted that is within the operational area, and(b) to the extent that the Plan contains proposals of the kind referred to in section 7 (2) (a).
(2) This clause ceases to have effect when another approved scheme for the growth centre in respect of which SMDA is constituted takes effect.
(3) In this clause--
"operational area" has the same meaning as under the repealed Act.
"Redfern-Waterloo Plan" means the plan of that name, as in force immediately before the repeal date, under section 27 of the repealed Act.
(1) Section 33 of the repealed Act continues to have effect as if a reference to the Minister administering the repealed Act were a reference to the Minister administering this Act.
(2) This clause ceases to have effect when the area of land bounded by Eveleigh, Caroline, Louis and Vine Streets, Redfern, ceases to be within the growth centre in respect of which SMDA is constituted.
(1) The Albury-Wodonga Development Corporation established by the Albury-Wodonga Development Act 1973 of the Commonwealth has, and may exercise and perform, any functions, powers or duties--(a) that the Albury-Wodonga (New South Wales) Corporation constituted by the Albury-Wodonga Development Act 1974 could have exercised or performed at any time before its dissolution, and(b) that are conferred or imposed on it by or under the Albury-Wodonga Area Development Winding-up Agreement approved under the Albury-Wodonga Development Repeal Act 2000 .
(2) Subclause (1) re-enacts (with minor modifications) section 16 of the Albury-Wodonga Development Repeal Act 2000 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(1) The Premier may, by order in writing, transfer to the UrbanGrowth NSW Development Corporation Staff Agency any person who is--(a) employed by Landcom, and(b) designated by the UrbanGrowth NSW Development Corporation as a person who is required for the purposes of enabling the UrbanGrowth NSW Development Corporation to exercise its functions.
(2) The Minister for Planning may, by order in writing, transfer to the Department of Planning and Environment any person who is--(a) employed by Landcom, and(b) designated by the Secretary of the Department of Planning and Environment as a person who is required for the purposes of enabling a development corporation (other than the UrbanGrowth NSW Development Corporation) to exercise its functions.
(3) A transfer under this clause does not require the consent of the transferred employee.
(4) An order under this clause may only be made within the period of 12 months after the commencement of this Part.
(5) In this Division,
"transferred employee" means an employee of Landcom who is the subject of an order under this Division.
(1) The employment of a transferred employee in the Public Service agency to which the employee is transferred under this Division is to be on the same terms and conditions in relation to the following matters as applied in respect of the employee immediately before the transfer--(a) salary,(b) hours of work,(c) leave,(d) allowances,(e) termination and redundancy.
(2) Those terms and conditions cannot be varied during the transition period, except by agreement with the employee.
(3) The
"transition period" for a transferred employee is--(a) for a person employed by Landcom under a contract of employment as a senior manager--the remainder of the person's current term of employment as specified in the contract or, if the term ends during the period of 12 months after the transfer, the period specified by the relevant employer (being a period ending not later than 12 months after the transfer), and(b) for any other person employed by Landcom--the period of 2 years after the transfer.
(4) In subclause (3) (a),
"relevant employer" means--(a) in relation to a Landcom employee transferred to the UrbanGrowth NSW Development Corporation Staff Agency--the Chief Executive of the UrbanGrowth NSW Development Corporation, or(b) in relation to a Landcom employee transferred to the Department of Planning and Environment--the Secretary of that Department.
(1) A transferred employee--(a) retains any rights to annual leave, extended or long service leave, sick leave, or other forms of leave, accrued or accruing immediately before the transfer, 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 person ceases to be employed by Landcom, 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 employee 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 person accrued in the employment of Landcom.
(3) Landcom is taken to be a government sector agency for the purposes of Part 2 of Schedule 2 to the Government Sector Employment Regulation 2014 in respect of the calculation of a transferred employee's extended leave entitlement.
In this Division--
"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.
"responsible Minister" means--
(a) in relation to a transfer of assets, rights or liabilities to the UrbanGrowth NSW Development Corporation--the Premier, or
(b) in relation to a transfer of assets, rights or liabilities to any other development corporation--the Minister for Planning.
(a) in relation to a transfer of assets, rights or liabilities to the UrbanGrowth NSW Development Corporation--the UrbanGrowth NSW Development Corporation, or
(b) in relation to a transfer of assets, rights or liabilities to any other development corporation--that development corporation.
(1) The Premier may, by order in writing, transfer to the UrbanGrowth NSW Development Corporation the assets, rights and liabilities of Landcom that are specified or referred to in the order.
(2) The Minister for Planning may, by order in writing, transfer to a development corporation (other than the UrbanGrowth NSW Development Corporation) the assets, rights and liabilities of Landcom that are specified or referred to in the order.
(3) An order under this clause may be made on such terms and conditions as are specified in the order.
(4) An order under this clause may only be made within the period of 12 months after the commencement of this Part.
(1) The following provisions have effect with respect to any transfer under this Division--(a) the assets of the transferor vest in the transferee by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,(b) the rights or liabilities of the transferor become, by virtue 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 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) the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for the transfer, whether or not those entitlements and obligations were actual or potential at the time of the transfer,(f) 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 that it relates to those assets, rights or liabilities but subject to the regulations) to be read as, or as including, a reference to the transferee.
(2) The operation of this Division 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, or(d) as an event of default under any contract or other instrument.
(3) No attornment to the transferee by a lessee from the transferor is required.
(4) A transfer is subject to the terms and conditions of the order by which it is effected.
No compensation is payable to any person or body in connection with the transfer of any asset, right or liability by operation of this Division, except to the extent (if any) to which the order giving rise to the transfer so provides.
(1) An order may transfer an interest in respect of land vested in the transferor without transferring the whole of the interests of the transferor in that land.
(2) If the interest transferred is not a separate interest, the order operates to create the interest transferred in the terms specified in the order.
A transfer of assets, rights or liabilities takes effect on the date specified in the order that gives rise to the transfer.
The responsible Minister may, by order in writing, specify the consideration on which a transfer under this Division is made and the value or values at which assets, rights or liabilities are transferred.
(1) State tax is not chargeable in respect of--(a) a transfer of any assets, rights or liabilities by operation of this Division, or(b) anything certified by the responsible Minister as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
(2) In this clause,
"State tax" means application or registration fees, duty or any other tax, fee or charge imposed by any legislation or other law of the State.
(1) The responsible Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities by operation of this Division.
(2) Such a notice is conclusive evidence of that transfer.
(1) The UrbanGrowth NSW Development Corporation is dissolved.
(2) On its dissolution, the assets, rights and liabilities of the UrbanGrowth NSW Development Corporation are transferred to Infrastructure NSW.
(3) Part 2 of Schedule 1A has effect in relation to the transfer under this clause as if a reference in that Part to an order were a reference to this clause.
(4) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the UrbanGrowth NSW Development Corporation is to be construed as a reference to Infrastructure NSW.
(5) Any act, matter or thing done or omitted to be done before the dissolution of the UrbanGrowth NSW Development Corporation by, to or in respect of the UrbanGrowth NSW Development Corporation is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of Infrastructure NSW.
(1) The Minister may, by order in writing, transfer to a public sector agency any assets, rights and liabilities transferred to Infrastructure NSW under clause 34 that are specified or referred to in the order.
(2) Part 2 of Schedule 1A has effect in relation to the transfer under this clause as if a reference in that Part to an order were a reference to an order under this clause.
(3) In this clause,
"public sector agency" means any of the following--(a) the State (including the Crown in right of the State),(b) a Minister,(c) a State owned corporation within the meaning of the State Owned Corporations Act 1989 ,(d) a public authority of the State,(e) any other person acting on behalf of the State (or the Crown in right of the State).