Victorian Current Acts

WATER ACT 1989 - SCHEDULE 2

Schedule 2—Transitional provisions applying on restructuring or abolition of water corporations

        1     Definitions

In this Schedule—

"old corporation" means a water corporation from whom powers, duties or functions are being transferred under a determination of the Minister under section 87 or 88;

"new corporation" means a water corporation to whom powers, duties or functions are being transferred under a determination of the Minister under section 87 or 88.

        2     Membership of board of directors on restructuring or abolition

    (1)     The Minister may, in the case of an old corporation or a new corporation, specify, in the determination under section 87 or 88 (as the case requires), an alteration to the membership of the board of directors of the corporation either by—

        (a)     the appointment of additional members to the board of directors; or

        (b)     the removal of members from the board of directors.

    (2)     Division 3 of Part 6 applies to an appointment of a member to a board of directors under subclause (1) as if it were an appointment under that Division.

        3     Transfer of assets on restructuring or abolition

On the making of a determination under section 87 or 88—

        (a)     any rights, property and assets of the old corporation that are specified in the determination are deemed to be vested in the new corporation; and

        (b)     any debts, liabilities and obligations of the old corporation arising out of any vesting under paragraph (a) are deemed to be the debts, liabilities and obligations of the new corporation; and

        (c)     the new corporation is substituted as a party to any arrangement or contract entered into by or on behalf of the old corporation arising out of any vesting under paragraph (a).

        4     Transfer of staff

    (1)     On the making of a determination under section 87 or 88, all specified officers of the old corporation become officers of the new corporation and each such officer—

        (a)     holds an office that is equivalent to that previously held by the person in the old corporation; and

        (b)     holds the office on terms and conditions no less favourable than those of the office in the old corporation and with the benefit of all rights accrued in respect of the office so held.

    (2)     In this section "specified officer" means a person who holds an office that is specified in the determination, or is of a class of offices that is specified in the determination.

        5     Amendment of Register

The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Schedule.

        6     Continuation of by-laws on restructuring or abolition

Any by-law made by an old corporation, being a by-law that—

        (a)     relates to property, rights or liabilities that are transferred under clause 3 to a new corporation; and

        (b)     is in force immediately before that transfer—

is deemed, on the happening of the transfer to be a by-law made by the new corporation and may be amended or revoked accordingly.

Sch. 3 substituted by No. 50/1992 s. 4, amended by No. 49/1994 ss 4(1)(n)–(p), 10(c)(i)(ii), repealed by No. 65/1995 s. 16(8),
new Sch. 3 inserted by No. 39/1998
s. 13(Sch. 3), substituted by No. 85/2006 s. 133.