SCHEDULE 1 - Savings and Transitional Provisions Relating to Continuation of Forestry Corporation

Section 37

1.    Interpretation

In this Schedule –

commencement day means the day on which this Act commences.

2.    Transfer of property

For the avoidance of doubt, any estate or interest in land or other property and all rights, obligations and liabilities of the Forestry corporation that are subsisting immediately before the commencement day are, on that day, taken to vest in the Forestry corporation continued under this Act.

3.    Acts, &c., done by or to Forestry corporation

For the avoidance of doubt, all acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Forestry corporation before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Forestry corporation continued under this Act.

4.    Continuation of proceedings

For the avoidance of doubt, all legal or other proceedings that might, before the commencement day, have been continued or instituted by or against the Forestry corporation may, on and after that day, be continued or instituted by or against the Forestry corporation continued under this Act.

5.    Contracts, agreements, &c.

(1) For the avoidance of doubt, any contract, agreement, arrangement or undertaking entered into by the Forestry corporation in relation to land other than land referred to in Schedule 3 is, if not executed, discharged or otherwise terminated by the commencement day, taken to be a contract, agreement, arrangement or undertaking entered into with the Forestry corporation continued under this Act.

(2) Subclause (1) does not apply to any contract, agreement, arrangement or undertaking referred to in clause 4 of Schedule 3 .

6.    Leases, licence, &c.

(1) For the avoidance of doubt, any lease, licence, permit, easement or other authority granted by the Forestry corporation is, if not surrendered, released, discharged or otherwise terminated by the commencement day, taken to be a lease, licence, permit, easement or other authority granted by the Forestry corporation continued under this Act.

(2) Subclause (1) does not apply to any lease, licence, permit, easement or other authority referred to in clause 3 of Schedule 3 .

7.    Chief executive officer

The person holding office as chief executive officer under the repealed Act immediately before the commencement day continues to hold that office on and after that day on the same terms and conditions applicable to that office immediately before the commencement day.

8.    Forestry rights

For the avoidance of doubt, any forestry right, within the meaning of section 22A of the repealed Act, in existence under that Act immediately before the commencement day continues in existence on and from that day.

9.    Employees

A person employed by the Forestry corporation immediately before the commencement day continues to be employed on and after that day by the Forestry corporation continued under this Act, on the same terms and conditions applicable to the position held by that person immediately before the commencement day.

10.    Timber classification officers

A person holding office as a timber classification officer immediately before the commencement day is taken to have been appointed as a timber classification officer under this Act on the same terms applicable to that office immediately before the commencement day.

11.    Joint ventures

(1) An arrangement entered into under section 24 of the repealed Act and in force immediately before the commencement day continues in force on and after that day, as if it had been made by the Forestry corporation continued under this Act, on the same terms and conditions that related to that arrangement immediately before the commencement day.

(2) Notwithstanding subclause (1) , an arrangement referred to in that subclause may not be extended for any period after the term specified in the agreement relating to the arrangement except with the written approval of the Minister and the Treasurer.

12.    Sign

Any signs erected under section 25 of the repealed Act are taken to have been erected under section 21 of this Act.

13.    Closed forest roads

Any forest road closed under section 26 of the repealed Act is taken to have been closed under section 23 of this Act.