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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 46
Transfer of rights, liabilities and property
46 Transfer of rights, liabilities and property
(1) Where upon the taking effect of a notice under Division 1 any persons
cease to hold office as trustees of lands reserved as, or as part of, a
national park or historic site and the care, control and management of the
park or site are vested in the Secretary, the following provisions have
effect- (a) all property and all right and interest therein (in this section
referred to as
"the trust property" ) and all management and control of anything which
immediately before that notice took effect was vested in or belonged to the
trustees and was held or used by them for or in connection with the park or
site shall vest in and belong to the Secretary,
(b) all money and liquidated
and unliquidated claims that, immediately before that notice took effect, were
payable to or recoverable by the trustees or their predecessors in relation to
the park or site or the trust property or any part thereof shall be money and
liquidated and unliquidated claims payable to or recoverable by the Secretary,
(c) all proceedings pending immediately before that notice took effect at the
suit of the trustees in relation to the park or site or the trust property or
any part thereof shall be deemed to be proceedings pending at the suit of the
Secretary and all proceedings so pending at the suit of any person against the
trustees shall be deemed to be proceedings pending at the suit of that person
against the Secretary,
(d) all contracts, agreements, arrangements and
undertakings entered into with, and all securities lawfully given to or by,
the trustees or their predecessors in relation to the park or site or
the trust property or any part thereof, and in force immediately before that
notice took effect, shall be deemed to be contracts, agreements, arrangements
and undertakings entered into with, and securities given to or by, the
Secretary,
(e) the Secretary may, in addition to pursuing any other remedies
or exercising any other powers that may be available to the Secretary, pursue
the same remedies for the recovery of money and claims referred to in this
subsection and for the prosecution of proceedings so referred to as the
trustees or their predecessors might have done had they continued to be
trustees of the park or site after that notice took effect,
(f) the Secretary
may enforce and realise any security or charge existing immediately before
that notice took effect in favour of the trustees in connection with the care,
control and management of the park or site, and may exercise any powers
thereby conferred on the trustees as if the security or charge were a security
or charge in favour of the Secretary,
(g) all debts, money and claims,
liquidated and unliquidated, that, immediately before that notice took effect,
were due or payable by, or recoverable against, the trustees or their
predecessors in connection with the care, control and management of the park
or site or the trust property or any part thereof shall be debts due and money
payable by, and claims recoverable against, the Secretary, and
(h) all
liquidated and unliquidated claims in connection with the care, control and
management of the park or site for which the trustees would, but for the
notice, have been liable shall be liquidated and unliquidated claims for which
the Secretary shall be liable.
(2) Where part only of the lands vested in
trustees is, by a notice under Division 1, reserved as, or as part of, a
national park or historic site and the care, control and management of the
park or site are vested in the Secretary, the Secretary and the trustees
shall, as soon as practicable after publication of that notice, arrange and
agree upon a division of the assets, debts and liabilities of the trustees, so
that the assets, debts and liabilities appropriate to the park or site and to
the lands retained by the trustees may be determined, and if any difference
arises between the Secretary and the trustees, the difference shall be
determined in such manner as the Minister may direct.
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