New South Wales Repealed Acts

This legislation has been repealed.

LOCAL GOVERNMENT (AREAS) ACT 1948 - SECT 11

11 Transfer of assets etc

(1)

(a) All real and personal property and all right and interest therein and all management and control of any land or thing which, immediately before the appointed day, is vested in or belongs to the council of a constituent area shall vest in and belong to the council of the united area in which such constituent area is included.
No attornment by a lessee of any land vested in a council by this section shall be necessary.

(b) All rates, moneys, liquidated and unliquidated claims which, immediately before the appointed day, are payable to or recoverable by the council of a constituent area shall respectively be rates, moneys, liquidated and unliquidated claims payable to or recoverable by the council of the united area in which such constituent area is included.

(c) All suits, actions and proceedings pending immediately before the appointed day at the suit of the council of a constituent area shall respectively be suits, actions, and proceedings pending at the suit of the council of the united area in which such constituent area is included.

(d) All contracts, agreements, and undertakings entered into with and all securities lawfully given to or by the council of a constituent area and in force immediately before the appointed day shall be deemed to be contracts, agreements, and undertakings entered into with and securities given to or by the council of the united area in which such constituent area is included.

(e) The council of each united area may pursue the same remedies for the recovery of any such rates, moneys, and claims, and for the prosecution of such suits, actions and proceedings as if the same had originally been payable to and recoverable or instituted at the suit of such council.

(f) The council of each united area may enforce and realise any security or charge existing immediately before the appointed day in favour of the council of any constituent area included in the united area in respect of any such rates, moneys and claims, as if such security or charge were existing in favour of the council of the united area.

(g) All debts due and moneys payable by the council of a constituent area and all claims, liquidated and unliquidated, recoverable against any such council shall be debts due and moneys payable by and claims recoverable against the council of the united area in which such constituent area is included.

(h) All debts of the council of a constituent area being debts existing immediately before the appointed day shall be secured over the revenues of the council of the united area in which such constituent area is included in the same way, and to the same extent in every respect, as such debts were immediately before the appointed day secured over the revenues of such constituent council, and the priority of security in the revenues of the united area shall be as prescribed by the Principal Act or by any law for the time being in force relating thereto.

(i) Where for the fulfilment of its obligations or undertakings the council of a constituent area is required by law to levy loan rates or local rates, the council of the united area in which such constituent area is included shall be deemed to be subject to the like requirements, and in respect thereof the provisions of the Principal Act relating to such rates shall apply.

(2) Without prejudice to the generality of subsection one of this section all rights, powers, authorities, duties, obligations and functions which, immediately before the appointed day are vested in or belong to or are imposed upon the council of a constituent area and which are conferred or imposed upon such council by or under the Principal Act or by or under any other Act (whether a Public Act or a Private Act) or otherwise in any manner whatsoever, shall, upon and from the appointed day, vest in and belong to and be exercised and discharged by the council of the united area in which such constituent areas is included.