New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"Commissioners" means the Commissioners appointed under the City of Sydney Act
1987 .
"existing employee" means a person who, immediately before the commencement of
Part 2 of this Act, was an employee of the City Council.
"transferred employee" means an existing employee who, in accordance with this
Act, is transferred to the service of the South Sydney Council.
(1) The Commissioners shall determine, in accordance with any directions of and subject to the approval of the Minister, the arrangements to be made for the transfer of existing employees to the service of the South Sydney Council and for such alterations (if any) to staffing arrangements within the City Council as may, in the opinion of the Commissioners, having regard to those transfers, be necessary or desirable.
(2) The arrangements (despite any other law, but subject to clauses 5 and 6) may--(a) in relation to existing employees generally--(i) determine amounts of remuneration for specified classes of existing employees, and(ii) authorise the establishment of a voluntary retirement scheme and require the making of payments in accordance with that scheme, and(iii) authorise the making of industrial agreements, and(b) in relation to transferred employees--(i) authorise and require the payment of money by the City Council to the South Sydney Council towards the remuneration and overheads of those employees for such period and in such circumstances as may be determined by the Commissioners or any other specified person, and(ii) authorise and require the payment of money by the City Council to the South Sydney Council towards the leave and retirement benefits of those employees and provide for the administration of that money pending its payment.
(3) If the Commissioners do not determine those arrangements to the satisfaction of the Minister by such day as may be specified by the Minister, they may be determined by the Minister.
(4) The Governor may make a proclamation to take effect on or after the commencement of Part 2 of this Act embodying the arrangements.
(5) More than one such proclamation may be made.
(6) Any such proclamation has the force of law.
(1) On the commencement of Part 2 of this Act, in accordance with the arrangements determined under clause 4, an existing employee may be transferred to the service of the South Sydney Council and, if so transferred--(a) shall become an employee of that council, and(b) shall be taken to have been appointed and employed by that council under the Principal Act in such office (if any) of that council as may be specified in the arrangements.
(2) An existing employee so transferred who is not taken, under subclause (1) (b), to have been appointed and employed in a specified office shall, on that commencement and until otherwise directed by the South Sydney Council, continue to perform the duties which attached to the existing employee's employment before that commencement.
(3) The provisions of section 20C (2)-(4) and (6)-(8) of the Principal Act apply to and in respect of an existing employee transferred under this clause in the same way as those provisions apply to a person transferred under section 20C of the Principal Act.
Each existing employee who is affected by an arrangement under this Act--
(a) shall, subject to Part 5 of the Industrial Arbitration Act 1940 , be remunerated by the council in whose service the existing employee is appointed and employed after the commencement of the arrangement on terms not less advantageous than those on which the existing employee was remunerated by the City Council immediately before that commencement, and
(b) shall not have his or her employment as an employee of that council terminated on the ground of redundancy arising from the operation of this Act.
(1) The Commissioners shall determine, in accordance with any directions of and subject to the approval of the Minister, the arrangements to be made for--(a) the apportionment of assets (including land and interests in land), rights, debts and liabilities of the City Council between it and the South Sydney Council, and(b) the handing over of books, documents, records and papers of the City Council to the South Sydney Council.
(2) The arrangements shall embody such measures as will facilitate the financial stability of the City of Sydney and the City of South Sydney and for that purpose, in addition to the matters referred to in subclause (1), may (despite any other law)--(a) authorise and require the payment of money by the City Council to or on behalf of the South Sydney Council for such purposes, for such periods and in such circumstances as the Commissioners or any other specified person may decide,(b) authorise and require the City Council to provide (or to assist in the provision of) services within the City of South Sydney either jointly with the South Sydney Council or otherwise for such periods and in such circumstances as the Commissioners or any other specified person may decide,(c) authorise the conduct or provision by the South Sydney Council (under a lease or otherwise and whether in accordance with section 519 of the Principal Act or otherwise) of facilities, undertakings and services of the City Council or within the City of Sydney for such periods and in such circumstances as the Commissioners or any other specified person may decide, and(d) make provision with respect to insurances, including workers' compensation insurance.
(3) If the Commissioners do not determine those arrangements to the satisfaction of the Minister by such day as may be specified by the Minister, they may be determined by the Minister.
(4) The Governor may make a proclamation to take effect on or after the commencement of Part 2 of this Act embodying the arrangements.
(5) More than one such proclamation may be made.
(6) Any such proclamation has the force of law.
(7) Nothing in this clause limits or affects section 21 of the Principal Act.
Subject to the terms of a proclamation made under clause 7, the following provisions apply on the day on which the proclamation takes effect in respect of any asset, right, debt or liability to the extent to which it is vested in the South Sydney Council by the proclamation--
(a) all real and personal property (including any estate or interest in, or right to control or manage, real or personal property) that, immediately before that day, was vested in the City Council vests in the South Sydney Council,
(b) any money that, immediately before that day, was payable to the City Council becomes payable to the South Sydney Council,
(c) any liquidated or unliquidated claim that, immediately before that day, was enforceable by the City Council becomes enforceable by the South Sydney Council,
(d) any liquidated or unliquidated claim that, immediately before that day, was enforceable against the City Council becomes enforceable against the South Sydney Council,
(e) any proceeding pending immediately before that day at the suit of the City Council becomes a proceeding pending at the suit of the South Sydney Council,
(f) any proceeding pending immediately before that day against the City Council becomes a proceeding pending against the South Sydney Council,
(g) any contract, agreement or undertaking entered into with the City Council and in force immediately before that day becomes a contract, agreement or undertaking entered into with the South Sydney Council,
(h) any security or charge given to or by the City Council and in force immediately before that day becomes a security or charge given to or by the South Sydney Council.
A statutory instrument that applied to the City of Sydney, as constituted immediately before the commencement of Part 2 of this Act, shall (subject to this Act) continue, on and after that commencement, to apply to the City of Sydney and the City of South Sydney, as constituted by this Act, until varied, amended or repealed.
(1) Without limiting section 21 (1) of the Principal Act, a proclamation under that subsection may provide--(a) that specified provisions of the Principal Act or the ordinances made under that Act apply or do not apply to or in relation to any matter or thing authorised or required to be done under this Act, and(b) where specified provisions of that Act or those ordinances are applied under paragraph (a), that they so apply with specified modifications by way of omission from, addition to or partial substitution for those provisions, and(c) whether or not specified provisions of that Act or those ordinances are applied under paragraph (a), that specified provisions additional to those of the Principal Act and the ordinances made under that Act apply to or in relation to any matter or thing authorised or required to be done under this Act.
(2) A provision of a proclamation referred to in this section may--(a) apply generally or be limited in its application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.
Section 39 applies to a draft local environmental plan in course of preparation by the City Council immediately before the commencement of that section.
Section 40 applies to a development application for consent to carry out major development which has not been finally determined by the City Council immediately before the commencement of that section.
Anything done or omitted (including anything done or omitted under the Principal Act) before the commencement of a provision of this Act which would have been valid if that provision of this Act had been in force when the thing was done or omitted is validated.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActCity of Sydney Amendment Act 1997Local Government Legislation Amendment (Elections) Act 1998Environmental Planning Legislation Amendment Act 2006 (but only to the extent that it 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.
(1) The Minister is to review the amendments made to this Act by the City of Sydney Amendment Act 1997 to determine whether the policy objectives of the City of Sydney Amendment Act 1997 remain valid and whether the terms of the amendments made by that Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the City of Sydney Amendment Act 1997 .
(3) A report on the outcome of the review is to be tabled in each House Of Parliament within 12 months after the end of the period of 5 years.
A reference in section 18B to a non-residential roll prepared and confirmed for a previous election extends to a roll prepared and confirmed for an election for the City of Sydney under section 299 or 300 of the Principal Act before the commencement of section 18B.
In this Part--
"amending Act" means the Environmental Planning Legislation Amendment Act
2006 .
A person who was a member of the Planning Committee immediately before the substitution of section 34 by the amending Act continues to be a member despite that substitution until such time as the person ceases to be a member in accordance with this Act.
Sections 41 (1) and 42 (1), as amended by the amending Act, and section 45, as substituted by that Act, do not apply to or in respect of a development application lodged, but not determined, before the commencement of Schedule 2 to the amending Act and those sections, as in force immediately before that commencement, continue to apply to and in respect of any such application.