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Contents (2009 - 2)
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Barangaroo Act 2009 No 2
Current version for 1 July 2019 to date (accessed 11 December 2019 at 00:42)
Schedule 3
Schedule 3 Savings, transitional and other provisions
Part 1 General
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that 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 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 or on the NSW legislation website, 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 Provision consequent on enactment of this Act
2   Regulation of Barangaroo Reserve and public domain
(1)  This clause has effect in respect of land within the Barangaroo Reserve and public domain if an agreement under section 24 is not in force in relation to that land.
(2)  The Minister may, by order, determine the terms on which the Sydney Harbour Foreshore Authority is to exercise its regulatory powers under the Sydney Harbour Foreshore Authority Act 1998 or regulations under that Act in respect of any land within the Barangaroo Reserve and public domain.
(3)  The Minister is to notify Infrastructure NSW and the Sydney Harbour Foreshore Authority in writing of a determination under this clause.
(4)  Section 24 applies to land that is subject to a determination under this clause as if it were subject to an agreement under that section.
Part 3 Provisions consequent on enactment of State Revenue and Other Legislation Amendment Act 2019
Division 1 Dissolution of Barangaroo Delivery Authority
3   Definitions
In this Division:
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
4   Dissolution of Barangaroo Delivery Authority and transfer of assets etc
(1)  The Barangaroo Delivery Authority is dissolved.
(2)  On its dissolution, the assets, rights and liabilities of the Barangaroo Delivery Authority are transferred to Infrastructure NSW.
5   Subsequent transfer of specified assets, rights and liabilities
(1)  The Minister may, by order in writing, transfer to a public sector agency any assets, rights and liabilities transferred to Infrastructure NSW under clause 4 that are specified or referred to in the order.
(2)  A transfer under this clause is subject to the terms and conditions of the order giving rise to the transfer.
(3)  The Minister may, by order in writing, specify the consideration on which a transfer under this clause is made and the value or values at which the assets, rights or liabilities are transferred.
(4)  No compensation is payable to any person or body in connection with a transfer under this clause except to the extent (if any) to which the order giving rise to the transfer so provides.
(5)  In this clause, public sector agency means any of the following:
(a)  the State (including the Crown in right of the State),
(b)  a Minister,
(c)  a State owned corporation within the meaning of the State Owned Corporations Act 1989,
(d)  a public authority of the State,
(e)  any other person acting on behalf of the State (or the Crown in right of the State).
6   Provisions relating to transfers of assets, rights and liabilities
(1)  In this clause, the person or body from which any assets, rights or liabilities are transferred is called the transferor and the person or body to which they are transferred is the transferee.
(2)  When any assets, rights or liabilities are transferred by or under this Division, the following provisions have effect:
(a)  the assets of the transferor vest in the transferee by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,
(b)  the rights or liabilities of the transferor become, by virtue of this clause, the rights or liabilities of the transferee,
(c)  all proceedings relating to the 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 the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which 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 transfer, whether or not those entitlements and obligations were actual or potential at the time of the transfer,
(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 regulations), to be read as, or as including, a reference to the transferee.
(3)  The operation of this clause 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, or
(d)  as an event of default under any contract or other instrument.
(4)  No attornment to the transferee by a lessee from the transferor is required.
(5)  Duty under the Duties Act 1997 is not chargeable in respect of:
(a)  a transfer by or under this Division, or
(b)  anything certified by the Treasurer as having been done in consequence of a transfer by or under this Division (for example, the transfer or conveyance of an interest in land).
(6)  The Minister may, by notice in writing, confirm a transfer by or under this Division of particular assets, rights or liabilities. The notice is conclusive evidence of that transfer.
(7)  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.
Division 2 Other provisions
7   References to Barangaroo Delivery Authority
(1)  A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Barangaroo Delivery Authority is to be construed as a reference to Infrastructure NSW.
(2)  Any act, matter or thing done or omitted to be done before the dissolution of the Barangaroo Delivery Authority by, to or in respect of the Barangaroo Delivery Authority is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of Infrastructure NSW.
8   Abolition of Board of Barangaroo Delivery Authority
(1)  The Board of the Barangaroo Delivery Authority is abolished.
(2)  Each person holding office as a member of the Board of the Barangaroo Delivery Authority ceases to hold office as a member of the Board on its abolition and is not entitled to any remuneration or compensation for the loss of that office.
The name of the Barangaroo Delivery Authority Operational Area Map, as in force immediately before the commencement of this clause, is taken to have been changed to the Barangaroo Operational Area Map.