Schedule 4 Savings and transitional provisions
(Section 37)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts: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 date.(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 enactment of this Act
In this Part:assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money) and includes securities, choses in action and documents.
conveyance includes transfer, assignment and assurance.
former Parramatta Regional Park means the land reserved as Parramatta Regional Park under the National Parks and Wildlife Act 1974 immediately before the revocation of that reservation by this Act.
liabilities means all liabilities, debts or obligations (whether present or future and whether vested or contingent).
new Trust means the Trust constituted by this Act.
(1) The Parramatta Regional Park Trust is dissolved.(2) A person who, immediately before the dissolution of the Parramatta Regional Park Trust by this Act, held office as a member of the trust board of the former Trust:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office, and(c) is eligible (if otherwise qualified) to be appointed as a trustee of the new Trust.
A reference to Parramatta Regional Park in any Act, in any instrument made under any Act, or in any document of any kind, is to be read as a reference to the principal trust lands.
(1) On the day that the former Trust is dissolved by this Act, the assets, rights and liabilities (if any) of the former Trust are transferred to the new Trust and the following provisions have effect:(a) the assets of the former Trust vest in the new Trust by virtue of this clause without the need for any conveyance,(b) the rights and liabilities of the former Trust become the rights and liabilities of the new Trust,(c) all proceedings commenced before that day by or against the former Trust and pending immediately before that day are taken to be proceedings pending by or against the new Trust,(d) any act, matter or thing done or omitted to be done before that day by, to or in respect of the former Trust 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 new Trust,(e) a reference in any instrument of any kind to the former Trust is to be read as a reference to the new Trust.(2) No attornment to the new Trust by a lessee from the former Trust is required.(3) In this clause: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.
(1) On the commencement of section 8, the excised land ceases to be vested in the Minister.(2) A reference in any lease, licence or other estate or interest to which the excised land was subject immediately before the commencement of section 8, or in the instrument creating any such lease, licence or other estate or interest, to the Minister is taken to be a reference to the new Trust.(3) No attornment to the new Trust by a lessee from the Minister is required.(4) In this clause: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.
the excised land means the land excised from Parramatta Regional Park by the National Parks and Wildlife (Parramatta Regional Park) Act 1998.
the Minister means the Minister administering the National Parks and Wildlife Act 1974 in that Minister’s capacity as corporation sole.
7 Saving of native title rights and interests
(1) This Act does not operate to extinguish any native title rights and interests existing in relation to the land described in Schedule 1 immediately before its vesting by section 8.(2) This section does not affect any extinguishment of native title rights and interests by the operation of the Native Title Act 1993 of the Commonwealth or the Native Title (New South Wales) Act 1994.(3) Words and expressions used in the Native Title Act 1993 of the Commonwealth and in this clause have the same meanings as they have in that Act.
(1) A plan of management that was in force in relation to the former Parramatta Regional Park under the National Parks and Wildlife Act 1974 is taken to be a plan of management that has been adopted under Part 5 of this Act.(2) Nothing in section 79A of the National Parks and Wildlife Act 1974 causes a plan of management that is taken to have been adopted under this Act to expire.(3) This clause ceases to have effect when a new plan of management for the trust lands is adopted under Part 5.