New South Wales Repealed Acts

This legislation has been repealed.

NATION BUILDING AND JOBS PLAN (STATE INFRASTRUCTURE DELIVERY) ACT 2009 - SCHEDULE 1

SCHEDULE 1 – Transfer of assets, rights and liabilities

(Sections 17 (2) and 19 (5))

1 Application and interpretation

(1) This Schedule applies to the following orders:

(a) a project authorisation order that makes provision for the transfer of assets, rights and liabilities as referred to in section 17,

(b) a project divesting order.

(2) For the purposes of this Schedule, the NSW government agency from which any assets, rights or liabilities are transferred by such an order is called the
"transferor" and the State of NSW or government agency to which they are being so transferred is called the
"transferee" .

(3) In this Schedule:

"instrument" means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.

2 Vesting of undertaking in transferee

When any assets, rights or liabilities are transferred by an order to which this Schedule applies, the following provisions have effect (subject to the order):

(a) those assets of the transferor vest in the transferee by virtue of this Schedule and without the need for any conveyance, transfer, assignment or assurance,

(b) those rights and liabilities of the transferor become by virtue of this Schedule the rights and liabilities of the transferee,

(c) all proceedings relating to those assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,

(d) any act, matter or thing done or omitted to be done in relation to those assets, rights or liabilities before the transfer by, to or in respect of the transferor is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,

(e) the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for the order, whether or not those entitlements and obligations were actual or potential at the time the order took effect,

(f) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets, rights or liabilities but subject to the order), to be read as, or as including, a reference to the transferee.

3 Operation of Schedule

(1) The operation of this Schedule is not to be regarded:

(a) as a breach of contract or confidence or otherwise as a civil wrong, or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(2) The operation of this Schedule is not to be regarded as an event of default under any contract or other instrument.

(3) No attornment to the transferee by a lessee from the transferor is required.

(4) The operation of this Schedule includes the making of an order to which this Schedule applies.

4 Date of vesting

An order to which this Schedule applies takes effect on the date specified in the order.

5 Consideration for vesting

An order to which this Schedule applies may specify the consideration (if any) on which the order is made and the value or values (if any) at which the assets, rights or liabilities are transferred.

6 Duties

Duty under the Duties Act 1997 is not chargeable in respect of:

(a) the transfer of assets, rights and liabilities to a person by an order to which this Schedule applies, or

(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or registration of an interest in land).

7 Transfer of interest in land

(1) An order to which this Schedule applies may transfer an interest in respect of land vested in the transferor without transferring the whole of the interests of the transferor in that land.

(2) If the interest transferred is not a separate interest, the order operates to create the interest transferred in such terms as are specified in the order.

(3) This clause does not limit any other provision of this Schedule.

8 Determinations of Minister for purposes of orders

For the purposes of any order to which this Schedule applies, a determination by the Minister as to which entity any assets, rights or liabilities relate is conclusive.

9 Confirmation of vesting

(1) The Minister may, by notice in writing, confirm a transfer of particular assets, rights and liabilities by operation of this Schedule.

(2) Such a notice is conclusive evidence of that transfer.