Schedule 9 Savings, transitional and other provisions
(Section 111)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:This Act
Water Legislation Amendment (Drinking Water and Corporate Structure) Act 1998
including provisions for or with respect to the following:
(a) the interpretation of references to the Water Board or to the Water Board Act 1987,(b) the interpretation of references to Sydney Water Corporation Limited or any of its subsidiaries.(2) Any such savings or transitional provision may, if the regulations so provide, take effect on the date of assent to this Act or a later date.(3) To the extent to which any such savings or transitional provision takes effect on 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, the Corporation, the Water Board or any 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, the Corporation, the Water Board or any 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
2 Continuation of certain regulations
(1) The following are excluded from repeal under section 107:(a) Part 1, clauses 11 and 12 of Part 2, and Part 4, of the Water Board (Finance) Regulation 1988,(b) Parts 1 and 2, and clause 24, of the Water Board (Plumbing and Drainage) Regulation 1989,(c) the Water Board (Special Areas) Regulation 1989,(d) the Water Board (Water Restrictions) Regulation 1994.(2) The provisions and the Regulation referred to in subclause (1) (a), (b) and (d) as in force immediately before the commencement of this clause are taken to have been made under this Act.(3) The Water Board (Special Areas) Regulation 1989 as in force immediately before the commencement of this clause is taken to be made under:(a) section 85 so far as it relates to special areas, and(b) section 89 so far as it relates to controlled areas.(4) In the provisions referred to in subclause (1) (a)–(d):(a) a reference to a provision of the Water Board Act 1987 is to be read as a reference to the corresponding provision (if any) of this Act, and(b) a reference to the Managing Director of the Board includes a reference to the chief executive of the Corporation.
3 Further amendment or repeal of regulations amended by Schedule 8
The amendments made by this Act to the regulations referred to in Schedule 8 do not affect the future amendment or repeal of those regulations.
(1) The Water Board is dissolved.(2) The assets, rights and liabilities (if any) of the Water Board immediately before its dissolution are transferred to the Ministerial Holding Corporation.(3) Section 7 applies to that transfer in the same way as it applies to the transfer of the Water Board’s business undertaking to the Corporation.
5 Members of Water Board to vacate office
(1) A person who, immediately before the dissolution of the Water Board, held office as a member of the Water Board:(a) ceases to hold office as such, and(b) except as provided by subclause (2), is not entitled to any remuneration or compensation because of the loss of that office.(2) Part 8 of the Public Sector Management Act 1988 applies to a person who so ceases to hold office as a member of the Water Board, without immediately being appointed to the service of the Corporation or a subsidiary of the Corporation, in the same way as it applies to a person removed from office under that Part.
6 Corporation to be same legal entity as Water Board
(1) On the dissolution of the Water Board, the Corporation is taken for all purposes, including the rules of private international law, to be a continuation of and the same legal entity as the Water Board.(2) This clause does not affect any transfer of assets, rights and liabilities under clause 4 of this Schedule or Part 3 of this Act.
9 Survival of unpaid amounts and amounts charged on land at transfer of business undertaking
(1) Any amount that was due but unpaid to the Water Board immediately before the transfer of the business undertaking, including any amount that was charged on the land to which the amount relates immediately before that transfer, survives and is included in the transfer of the business undertaking to the Corporation.(2) Subject to clause 10, any amount that was due but unpaid to the Water Board immediately before the transfer of the business undertaking, and was charged on the land to which the amount relates immediately before that transfer, remains a charge on the land until the amount is paid.
10 Certain amounts levied by Water Board not charged on land
(1) No service charges or fees levied by the Water Board in relation to water supply or sewerage services after the end of the last charging period before the transfer of the business undertaking are a charge on the land to which the service charges or fees relate.(2) In this clause, charging period, in relation to the Water Board means a period declared by an order in force under section 28 (2) of the Water Board Act 1987 (as in force immediately before the commencement of section 107 of this Act) to be a charging period for the Board.
11 Pending applications for compliance certificates
(1) An application for a compliance certificate under the Water Board Act 1987 and pending at the commencement of this clause is taken to be an application for a compliance certificate under this Act.(2) Any agreement in force or notice operative under Division 2 of Part 3 of the Water Board Act 1987 at the commencement of this clause continues to be in force and operative after that commencement, and for that purpose the relevant provisions of that Act are taken to continue in force in relation to such an agreement or notice (and not otherwise).(3) The provisions of this clause are subject to the provisions of regulations made under clause 1.
Nothing in this Act affects any guarantee given by or in relation to the Water Board before the commencement of this clause and any such guarantee is, after the commencement of this clause, taken to be a guarantee for the payment by the Corporation of the amounts specified or described in the guarantee.
13 Environmental planning instruments: reservation of land
A reference in an environmental planning instrument as in force at the commencement of this clause to the Water Board, in the context of the reservation of land and its acquisition by the Water Board, is to be read as a reference to the Corporation. For this purpose, the Corporation is taken to be a public authority referred to in section 27 of the Environmental Planning and Assessment Act 1979.
15 Environmental impact statements and other planning matters
(1) If, before the commencement of this clause:(a) the Director of Planning has notified the Water Board of requirements as to the form and content of a proposed environmental impact statement or any other matter to be attended to by or on behalf of the Water Board in accordance with Part 5 of the Environmental Planning and Assessment Act 1979, or(b) the Water Board or a person on its behalf has commenced the preparation of an environmental impact statement under that Part, or(c) an environmental impact statement has been prepared by or on behalf of the Water Board under that Part,that Part applies in relation to the activity concerned as if the Water Board had continued in existence and the Corporation were the Water Board.(2) Part 4 of the Environmental Planning and Assessment Act 1979 does not apply so as to require development consent in relation to an activity referred to in this clause.
Without limiting clause 2 of this Schedule, a permit issued under Part 2 of the Water Board (Plumbing and Drainage) Regulation 1989 before the commencement of this clause is taken to have been issued under the authority of a regulation made under this Act.
18 Existing interests in special areas
Nothing in section 82 affects the rights of a person who has entered into an arrangement with the Water Board before the commencement of that section relating to the alienation, mortgage, charging or demise of land in a special area and, in particular, the entitlement of such a person to require due performance or completion (or both) of such an arrangement.
Part 3 Provisions consequent on enactment of Water Legislation Amendment (Drinking Water and Corporate Structure) Act 1998
In this Part:amending Act means the Water Legislation Amendment (Drinking Water and Corporate Structure) Act 1998.
appointed day means the day on which the name of the Corporation is inserted in Schedule 5 to the State Owned Corporations Act 1989 by the operation of section 4 of this Act (as substituted by the amending Act).
Company means Sydney Water Corporation Limited.
(1) On and from the appointed day, the Company ceases to have any functions that are the subject of any operating licence.(2) Subject to any direction under clause 29, the Company, its directors and officers are responsible for complying with any reporting requirements and similar matters in respect of any period before the appointed day under the Corporations Law or any other law.
21 Transfer of assets, rights and liabilities of Company
(1) Part 3 of this Act, as amended by the amending Act, authorises the making of orders for the transfer of the assets, rights and liabilities of the Company and associated matters.(2) Without affecting the generality of subclause (1), that subclause extends to any shares held by or on behalf of the Company immediately before the appointed day.
22 Shares in Company or subsidiaries
The constitution of the Company or any of its subsidiaries may provide for the transfer of any shares in the Company or such a subsidiary to the Ministerial Holding Corporation or any other person.
23 Board of directors of Company
(1) The person holding office as chairman of the board of the Company immediately before the commencement of this clause is taken to have been appointed as Chairperson of the board of the Corporation.(2) The persons holding office as directors of the board of the Company immediately before the commencement of this clause as selected by the voting shareholders for their relevant expertise are taken to have been appointed as directors under section 5A (1) (b).(3) The person holding office as a director of the board of the Company immediately before the commencement of this clause as selected by a selection committee is taken to have been appointed as a director under section 5A (1) (b).
24 Managing Director of Company
A reference in any Act, in any instrument made under any Act or any document of any kind to the Managing Director of the Company or of the board of the Company is, subject to regulations under clause 1, to be read as, or as including, a reference to the Chief Executive Officer of the Corporation.
On the appointed day, the staff of the Company becomes the staff of the Corporation.
(1) The Governor may, by order published in the Gazette, wind up, deregister, dissolve or otherwise deal with the Company or make provision for or with respect to such winding up, deregistration, dissolution or other dealing.(2) The order may contain such ancillary, consequential, savings, transitional and other provisions as are relevant to those matters.(3) An order under this clause takes effect on the date of its publication in the Gazette or a later date specified in the order.(4) Nothing in this clause prevents the winding up, deregistration or dissolution of the Company, or other dealing with the Company, under any other law.
27 Corporation to be same legal entity as Company
(1) On the appointed day, the Corporation is taken, for all purposes, including the rules of private international law, to be a continuation of and the same legal entity as the Company.(2) Subclause (1) has effect whether or not the Company is dissolved.
28 Amendment of constitution of Company and subsidiaries
Despite anything in this Act or the constitution of the Company or any of its subsidiaries, that constitution may be altered or added to in any way that is not inconsistent with this Act as amended by the amending Act.
(1) The Minister may, by order in writing, give such directions as the Minister considers appropriate, for or with respect to the manner in which any reporting requirements and similar matters under the Corporations Law or any other law are to be dealt with in respect of any period before, including or immediately after the appointed day.(2) Without limiting the generality of subclause (1), such an order may require the Company or its board of directors or officers to deal with matters relating to any period commencing on or after as well as before the appointed day or may require the Corporation or its board of directors or officers to deal with matters relating to any period commencing before as well as on or after the appointed day.
An operating licence granted to the Company and in force immediately before the appointed day is taken to have been granted to the Corporation.