New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SCHEDULE 9

SCHEDULE 9 – Savings, transitional and other provisions

(Section 202A)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

Conveyancing (Amendment) Act 1992

Environmental Planning and Assessment Amendment Act 1997

Carbon Rights Legislation Amendment Act 1998

Real Property and Conveyancing Legislation Amendment Act 1999

Conveyancing Amendment (Central Register of Restrictions) Act 2000

Conveyancing Amendment (Building Management Statements) Act 2001

Conveyancing Legislation Amendment (e-plan) Act 2002

Statute Law (Miscellaneous Provisions) Act (No 2) 2007 , to the extent that it amends this Act

Real Property and Conveyancing Legislation Amendment Act 2009

Trustee Companies Amendment Act 2009

any other 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 day.

(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.

Part 2 - Provisions consequent on the enactment of the Environmental Planning and Assessment Amendment Act 1997

2 Definitions

In this Part--

"amending Act" means the Environmental Planning and Assessment Amendment Act 1997 .

"relevant repeal date" means the date on which the repeal of the repealed Act, or of the relevant provision of the repealed Act, takes effect.

"repealed Act" means the Local Government Act 1919 .

3 Subdivisions for lease purposes

Section 289K of the repealed Act continues to apply to an application made under that section before the relevant repeal date as if that section had not been repealed.

4 Continuation of Part 12 of the repealed Act in relation to existing applications for subdivision approval

Part 12 of the repealed Act continues to apply to an application made under Division 2 of that Part before the relevant repeal date as if that Part had not been repealed.

5 Securities for the execution of work

(1) An agreement referred to in section 328(a) of the repealed Act (being an agreement that is in force immediately before the relevant repeal date) continues to have effect, according to its terms, as if that paragraph had not been repealed.

(2) A security referred to in section 328(b) or 331(2A) of the repealed Act (being a security that continues in force after the registration in the office of the Registrar-General of the relevant plan referred to in section 327(1)(e) or (2)(c) of that Act) is taken to be a security referred to in section 80A(6) of the Environmental Planning and Assessment Act 1979 .

Part 3 - Provisions consequent on enactment of Carbon Rights Legislation Amendment Act 1998

6 Definitions

In this Part--

"amending Act" means the Carbon Rights Legislation Amendment Act 1998 .

"existing forestry right" means any forestry right (within the meaning of section 87A of this Act as in force immediately before the commencement of Schedule 1[3[#93] to the amending Act) that is subsisting immediately before that commencement.

7 Existing forestry rights preserved

On the commencement on Schedule 1[3[#93] to the amending Act, any existing forestry right is taken to be a forestry right within the meaning of section 87A of this Act as amended by that Schedule.

8 Application of new definitions of forestry right and forestry covenant

Subject to this Part, an amendment made to this Act by Schedule 1[1[#93]-[4[#93] to the amending Act applies only to an interest, right or obligation that arises on or after the commencement of the amendment.

Part 4 - Provisions consequent on enactment of Conveyancing Amendment (Central Register of Restrictions) Act 2000

9 Existing agreements continued

An agreement in force immediately before the commencement of this clause that makes provision for or with respect to the matters for which an information agreement can make provision under Part 24 continues to operate after that commencement as an information agreement under that Part, subject to the following--

(a) the agreement is taken to have been entered into by the Registrar-General rather than the Minister,

(b) a reference to the Minister or to the Director of the Land Titles Office is taken to be a reference to the Registrar-General,

(c) the agreement is of no effect to the extent (if any) that it is inconsistent with Part 24.

Part 5 - Provisions consequent on enactment of Land Titles Legislation Amendment Act 2001

10 Definition

In this Part,
"amending Act" means the Land Titles Legislation Amendment Act 2001 .

11 Protection of lessee's option

The amendments made by the amending Act to sections 133E and 133G extend to an option--

(a) contained in a lease entered into before the date on which those amendments took effect, and

(b) notice of the exercise of which has not, before that date, been given.

Part 6 - Provision consequent on enactment of Conveyancing Legislation Amendment (e-plan) Act 2002

12 Validation

Any plan--

(a) that purports to have been registered or recorded under Division 3 of Part 23 of this Act at a time occurring before the commencement of an amendment to this Act made by the Conveyancing Legislation Amendment (e-plan) Act 2002 , and

(b) that would have been validly registered or recorded only if that amendment had been in force at that time,

Part 7 - Provision consequent on enactment of Succession Act 2006

13 Contingent and future testamentary gifts

Section 36B(1) of this Act, as in force immediately before its repeal by the Succession Act 2006 , continues to apply (in so far as it is not affected by the operation of Schedule 1 to the Succession Act 2006 ) to a will made before that repeal as if that section had not been repealed.

Note : Section 36B was repealed on the commencement of the Succession Act 2006 on 1.3.2008. Schedule 1 to the Succession Act 2006 provides for section 34 of that Act to apply to a will whenever made if the testator dies on or after 1.3.2008.

Part 8 - Provision consequent on enactment of Trustee Companies Amendment Act 2009

14 Trust corporations

Any act, matter or thing done by a trustee company as a trust corporation that had effect under this Act as in force immediately before its amendment by the Trustee Companies Amendment Act 2009 is taken to have effect under this Act as amended.

Part 9 - Provisions consequent on enactment of Conveyancing Amendment (Sunset Clauses) Act 2015

15 Section 66ZL applies to existing contracts

Section 66ZL applies to an off the plan contract regardless of whether the contract was entered into before, on or after the commencement of that section.

16 Retrospective application of section 66ZL

(1) Section 66ZL is taken to have effect on and from 2 November 2015.

(2) The rescission of an off the plan contract under a sunset clause by a vendor on or after 2 November 2015 is taken not to have been done in accordance with the contract unless the required notice was given, and the rescission occurred, in accordance with section 66ZL.

(3) Regulations made under section 66ZL within 12 months after the commencement of that section, may take effect at any time on or after 2 November 2015.

(4) Expressions used in this clause have the same meaning as they have in section 66ZL.