New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 186)
(1) A dedication or reservation in force or taken to be in force under a repealed Act immediately before its repeal has effect as if it had been made under this Act.
(2) The dedication or reservation:(a) is for the same purpose and on the same terms as the original dedication or reservation, and(b) dates from the date of the original dedication or reservation.
(3) This clause applies whether or not the original reservation was temporary.
A timber reserve, forest reserve or reserve for timber in force under a repealed Act immediately before its repeal has effect as if it had been reserved under section 22 of the Forestry Act 1916 .
A route or camping place set apart under section 34 of the Crown Lands Consolidation Act 1913 immediately before its repeal has effect as if it had been reserved for travelling stock route or camping place, as the case requires, under this Act.
(1) On the commencement of Part 5, a reserve trust shall be taken to have been constituted under that Part as trustee of a reserve for which a trustee or trustees (“the former trustee or former trustees”) held office immediately before that commencement.
(2) If the former trustees were constituted as a corporation under a repealed Act, the corporate name of the reserve trust shall be the same as the corporate name of the corporation so constituted.
(3) In any other case the corporate name of the reserve trust shall be the name which the Minister assigns or, if the Minister does not assign a name, the name which the reserve trust determines.
(4) The corporate name of a reserve trust may be changed in accordance with Part 5.
(5) On and from the commencement of Part 5, a reference in any other Act or in any instrument made under an Act to trustees of land shall, if the land is or is to be taken to be a reserve under Part 5 of which a reserve trust is trustee, be construed as a reference to that reserve trust.
(1) Unless the former trustee is a corporation, each of the former trustees is appointed as a member of the appropriate trust board and the appointment has effect as if it had been made under Part 5 for the unexpired term of the original appointment.
(2) If the former trustee is a corporation, it is appointed to manage the affairs of the reserve trust.
A person holding office (immediately before the commencement of Part 5) under section 37EE or 37FF of the Crown Lands Consolidation Act 1913 as administrator of a reserve is taken to have been appointed as administrator of the reserve trust under Part 5 which replaced the reserve for which the administrator was appointed if, on that commencement, that reserve trust is not managed by a trust board with members appointed under section 93 or by a corporation appointed under section 95.
(1) If a reserve trust is constituted under this Schedule, the transitional provisions of section 125 (3) (transitional provisions-additions to reserves) apply to the reserve trust.
(2) For the purposes of those provisions:(a) the trustee or trustees of the reserve appointed to manage the affairs of the reserve trust are called the former trustee, and(b) the reserve trust is called the new trustee.
(3) Those provisions apply:(a) with such modifications as may be necessary or as the Minister may direct, and(b) only in relation to an act, matter or thing concerning the former trustee in connection with the care, control and management of the reserve.
On and from the date of assent to this Act, a reference in any other Act, any instrument made under an Act or in any other instrument, to a Crown Land Agent shall be read as a reference to the Manager of the appropriate Local Lands Office.
(1) On and from the commencement of Division 2 of Part 2, a reference in any other Act, in any instrument made under an Act or in any other instrument to a local land board shall be read as a reference to a local land board under this Act.
(2) If any complaint, reference, case, dispute, inquiry, determination, redetermination or other matter is before a local land board under the provisions of a repealed Act immediately before their repeal:(a) the matter shall be completed as if the provisions had not been repealed or shall be discontinued, as the local land board orders, or(b) if the Minister so directs, the matter shall be dealt with by a local land board as if it had been referred by the Minister for an inquiry and report under the provisions of this Act or the Crown Lands (Continued Tenures) Act 1989 which the Minister directs are the appropriate corresponding provisions.
(3) For the purposes of subclause (2) (a), the membership of the local land board continues as it would have been but for the repeals, whether or not different members have been appointed under this Act.
(1) A right to appeal or to refer a matter to the Land and Environment Court existing under a repealed Act immediately before its repeal continues and may be exercised as if the repealed Act had continued in force.
(2) An appeal or reference to the Land and Environment Court pending under a repealed Act immediately before its repeal shall proceed and be dealt with as if the repealed Act had continued in force.
(1) If the Minister has authorised the reclamation of land under section 68 of the Crown Lands Consolidation Act 1913 and the purchase of the land has not been completed before the repeal of that section:(a) the matter shall be dealt with as a sale of the land under Part 4, and(b) there shall be taken to exist a contract for the sale of the land under Part 4 on the terms and conditions to which the authorisation to reclaim was subject.
(2) If before the repeal of section 68 of the Crown Lands Consolidation Act 1913 land the subject of an authorisation to reclaim under that section was brought under the Real Property Act 1900 under section 13A of that Act:(a) the Minister may issue a certificate to the effect that the reclamation has been satisfactorily completed, and(b) if the Minister issues the certificate, the Registrar-General shall remove any recording in the Register of a condition providing for reclamation of the land to be completed to the satisfaction of the Minister or the local land board.
If, immediately before its repeal, section 223 of the Crown Lands Consolidation Act 1913 applied to a tenant-right in improvements, that section continues to apply to the tenant-right in improvements as if it had not been repealed.
If, immediately before its repeal, section 279 of the Crown Lands Consolidation Act 1913 applied to entitle a person to a road of access, that section continues to apply to and in respect of the road of access as if it had not been repealed.
(1) A notification of a township settlement area under section 38 of the Closer Settlement Act 1904 , in force immediately before the repeal of that Act, continues in force after that repeal.
(2) That section continues to apply to and in respect of such a notification as if it had not been repealed.
The War Service Land Settlement Act 1941 continues to apply, as if it had not been repealed, to and in respect of:
(a) the security for any advance made under that Act before its repeal, and
(b) the transfer of any such advance.
(1) If an application was made under a provision of a repealed Act and is pending immediately before the repeal of the provision, the application, if the Minister so directs:(a) shall be dealt with as if it had been made under a provision of this Act or the Crown Lands (Continued Tenures) Act 1989 which the Minister directs is the appropriate corresponding provision,(b) shall continue to be dealt with under the provisions of the repealed Act as if it had not been repealed, or(c) shall lapse.
(2) If the Minister so directs, anything else that had been commenced to be done under a repealed Act but had not been completed immediately before its repeal:(a) shall be taken to have been done, and shall continue to be done, under a provision of this Act or the Crown Lands (Continued Tenures) Act 1989 which the Minister directs is the appropriate corresponding provision,(b) shall continue to be done and may be completed under the repealed Act as if it had not been repealed, or(c) ceases to have any effect.
(3) The Minister may also give ancillary directions as to the manner in which such a pending application is to be dealt with or such an incomplete matter is to proceed, including (without being limited to) a direction requiring the payment of any amount appropriate to the provision of this Act or the Crown Lands (Continued Tenures) Act 1989 under which an application is to be dealt with.
(4) The Minister’s directions under this clause may relate to a particular application or matter or to applications or matters of a particular class.
(1) For the purpose of enabling an application under a repealed Act to continue to be dealt with under a provision of that Act (in accordance with this Schedule):(a) any delegation by the Minister under a provision of the repealed Act continues in force,(b) the power of the Minister to vary or revoke such a delegation, or to make a new delegation under the provision, continues as if the provision had not been repealed, and(c) any other provision of the repealed Act necessary or convenient for the determination of the application continues in force as if not repealed.
(2) The Minister may give ancillary directions requiring a reference in such an application to a provision of the repealed Act to be construed as a reference to a specified provision of this Act or the Crown Lands (Continued Tenures) Act 1989 .
(1) The repeal of a repealed Act does not of itself operate to annul, prejudice or affect any grant, sale, purchase, exchange, lease, contract, agreement or other transaction which was made, effected or validated by or under the repealed Act.
(2) Subject to this Act and the Crown Lands (Continued Tenures) Act 1989 , any such grant, sale, purchase, exchange, lease, contract, agreement or other transaction remains as valid and has effect as if the repealed Act had not been repealed.
(3) A permission to enclose a road or watercourse granted under:(a) section 202 of the Crown Lands Consolidation Act 1913 ,(b) section 46 of the Closer Settlement Act 1904 ,(c) regulation 11 of the Returned Soldiers Settlement Regulations 1916 , or(d) section 14 of the Crown Lands Act Further Amendment Act (1888) ,and in force as at the commencement of this clause has effect as an enclosure permit granted under this Act.
(4) If the provisions of section 109 (3), 183 (1) or 184 (1) (h) of the Crown Lands Consolidation Act 1913 relating to payment of the cost of deferred surveys applied, immediately before their repeal, to a holding, those provisions continue to apply to the holding as if they had not been repealed.
(1) A person holding office under a repealed Act immediately before its repeal shall be taken to have been appointed under this Act to the corresponding office under this Act.
(2) Subclause (1) does not apply to a member of a local land board appointed by the Minister under the Crown Lands Consolidation Act 1913 and, on the repeal of that Act (but except for the purposes of clause 8) such a member ceases to hold office without affecting his or her eligibility (if qualified) for appointment under this Act as a member of a local land board.
(3) A person who ceases to hold office because of the operation of subclause (2) is not entitled to be paid any remuneration or compensation because of ceasing to hold the office.
(4) This clause applies in relation to a member of a special land board constituted under section 138 of the Crown Lands Consolidation Act 1913 in the same way as it applies in relation to a member of a local land board appointed by the Minister.
(1) The repeal of a repealed Act does not of itself:(a) deprive any act, matter or thing done of any effect which it was declared, explained or otherwise caused to have by the repealed Act,(b) render invalid any act, matter or thing which was validated by the repealed Act and which continued to be valid up to its repeal,(c) prejudice any tenant-right in improvements, ownership of improvements, right to receive or liability to make payment for improvements, claim to contribution in respect of fencing or right to receive or liability to pay such a contribution,(d) prejudice any other obligation as between private persons or as between the Crown and any private person, or any protection obtained for any holding,(e) defeat any forfeiture for a contravention of the repealed Act, breach of any conditions contained in the repealed Act or in an instrument issued under the repealed Act, or(f) affect the power to declare such a forfeiture or the right of any person to be protected from such a forfeiture.
(2) An act, matter or thing done or omitted under or for the purposes of, and having operation immediately before the repeal of, a repealed Act:(a) shall be taken to have been done or omitted, as appropriate, under or for the purposes of any corresponding provision of this Act or the Crown Lands (Continued Tenures) Act 1989 ,(b) in the case of any thing done or omitted by trustees of a reserve shall be taken to have been done or omitted by the reserve trust which replaced the trustees as trustee of the reserve, and(c) has continuing operation and effect for that purpose.
(1) Any savings provision enacted or continued by a repealed Act and in force immediately before its repeal shall be taken to have been enacted by this Act.
(2) Savings provisions enacted by a repealed Act include, but are not limited to, section 261A of the Crown Lands Consolidation Act 1913 (retention of rights of mortgagees on conversion or purchase of holdings).
(1) A reference in any other Act, in any instrument made under an Act or in any other instrument to the Crown Lands Consolidation Act 1913 shall be read as a reference to the Crown Lands Act 1989 .
(2) If the Minister by order published in the Gazette so directs, a reference in any other Act, in any instrument made under an Act or in any other instrument to, or to a provision of, a repealed Act or to any tenure or holding under a repealed Act:(a) is to be read as a reference to, or to a specified provision of, or to a specified tenure or holding under, this Act or the Crown Lands (Continued Tenures) Act 1989 , or(b) is to be read as including a reference to, or to a specified provision of, or a specified tenure or holding under, this Act or the Crown Lands (Continued Tenures) Act 1989 .
(3) If a direction is given in respect of a reference referred to in subclause (1), that subclause ceases to have effect in respect of the reference.
(1) A by-law in force under Part 3B of the Crown Lands Consolidation Act 1913 immediately before its repeal:(a) continues in force on and after that repeal as if it were a by-law made under Part 5, and(b) may be varied or revoked by a by-law made under Part 5.
(2) A reference to a provision of a repealed Act in such a by-law shall be read as a reference to the corresponding provision of this Act or the Crown Lands (Continued Tenures) Act 1989 .
(1) If more than one provision of this Schedule is capable of applying to a situation so as to give different results, the provisions shall apply as directed by the Minister.
(2) If a doubt arises as to which of the Minister and the Water Administration Ministerial Corporation is required to act under:(a) a condition of a lease, or(b) a recording in the Register,the action shall be taken as directed by the Minister.
This Act has effect in addition to and does not derogate from the operation of the Interpretation Act 1987 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActCrown Lands (Continued Tenures) Act 1989Western Lands (Crown Lands) Amendment Act 1989Miscellaneous Acts (Crown Lands) Amendment Act 1989Crown Lands Amendment (Compensation) Act 2001Crown Lands Legislation Amendment (Budget) Act 2004Crown Lands Legislation Amendment Act 2005Rookwood Necropolis Repeal Act 2009
(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 a provision referred to in subclause (1) 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.
This Part is taken to have commenced on 1 May 1990.
In this Part:
"Crown Lands Acts" does not include this Act or the Continued Tenures Act.
"the Continued Tenures Act" means the Crown Lands (Continued Tenures) Act 1989
.
"the Continued Tenures Regulation" means the Crown Lands (Continued Tenures)
Regulation 1990 .
This Part applies to an application or other matter that was pending or commenced at the commencement of this Act if the Minister has issued a direction under clause 15 that it be dealt with as if the Crown Lands Acts, or section 28BB of the Western Lands Act 1901 had not been repealed.
On the granting of an application (to which this Part applies) to purchase land or for the conversion or purchase of a perpetual lease, term lease or special lease under the Crown Lands Acts, the purchase has effect as an incomplete purchase in force at the commencement of the Continued Tenures Act and the provisions of that Act and the Continued Tenures Regulation relating to incomplete purchases apply to that purchase.
On the granting of an application (to which this Part applies) to extend the term of a conditional lease, Crown-lease or prickly-pear lease to perpetuity, the lease has effect as a perpetual lease in force at the commencement of the Continued Tenures Act and the provisions of that Act and the Continued Tenures Regulation relating to perpetual leases apply to that lease.
On the granting of an application (to which this Part applies) to extend the term of a conditional lease, Crown-lease or prickly-pear lease for an additional term of years, the lease has effect as a term lease in force at the commencement of the Continued Tenures Act and the provisions of that Act and the Continued Tenures Regulation relating to term leases apply to that lease.
(1) On the granting of an application (to which this Part applies) to extend the term of a special lease (other than a special lease granted over an expired conditional lease, the holder of which had failed to apply for extension of the term of the lease) for an additional term of years, the lease has effect as a special lease in force at the commencement of the Continued Tenures Act and the provisions of that Act (clause 5 of Part 5 of Schedule 2 excepted) and the Continued Tenures Regulation relating to special leases apply to that lease.
(2) On the granting of an application (to which this Part applies) to extend the term of a special lease:(a) to perpetuity, or(b) in the case of a special lease for a term of years granted over an expired conditional lease (the holder of which had failed to apply for extension of the term of the lease), for an additional term of years,the lease has effect as a special lease in force at the commencement of the Continued Tenures Act and the provisions of that Act (clause 4 of Part 5 of Schedule 2 excepted) and the Continued Tenures Regulation relating to special leases apply to that lease.
On the granting of an application (to which this Part applies) for a permissive occupancy, the occupancy has effect as a permissive occupancy in force at the commencement of the Continued Tenures Act and the provisions of that Act and the Continued Tenures Regulation relating to permissive occupancies apply to that permissive occupancy.
On the granting of an application (to which this Part applies) for a quarry licence or an interim quarry licence, the licence has effect as a quarry licence in force at the commencement of the Continued Tenures Act and the provisions of that Act and the Continued Tenures Regulation relating to quarry licences apply to that licence.
On the granting of a permit to enclose a road or watercourse to which this Part applies:
(a) pursuant to an application under section 202 of the Crown Lands Consolidation Act 1913 , or
(b) following a reference to a local land board under section 202 (b) of that Act,the permit has effect as an enclosure permit granted under this Act and the provisions of this Act and the Crown Lands Regulation 1990 relating to enclosure permits apply to that permit.
(1) Clauses 26-35 re-enact (with minor modification) clauses 2-11 of the Crown Lands (Transitional Provisions) Regulation 1990 .
(2) Clauses 26-35 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Section 106A, as inserted by the Crown Lands Amendment (Compensation) Act 2001 , does not apply to or in respect of the determination of compensation payable:
(a) in the case of an acquisition of land, if the acquisition notice in relation to the land was published under the Land Acquisition (Just Terms Compensation) Act 1991 before the commencement of that section, or
(b) in the case of the vesting of land or an easement under the Pipelines Act 1967 , if the notification under section 21 (1) of that Act occurred before the commencement of section 106A of this Act.
(1) In this Part:
"amending Act" means the Crown Lands Legislation Amendment (Budget) Act 2004 .
"continued tenures lease" means a perpetual lease, special lease, term lease or Commonwealth lease under the Crown Lands (Continued Tenures) Act 1989 .
"cultivation enclosure permit" means an enclosure permit in relation to which the Minister has authorised the cultivation of the land enclosed.
"holding" does not include an incomplete purchase under the Crown Lands (Continued Tenures) Act 1989 .
(2) In this Part, a reference to a "holding" includes a reference to a Commonwealth lease.
(1) The amendments made to this Act by the amending Act extend to holdings and enclosure permits that were in force immediately before 1 July 2004, subject to this Part.
(2) Subject to this Part, Divisions 2A and 2B of Part 7, as inserted by the amending Act, apply to the rent of a holding or an enclosure permit in respect of any due date that occurs on or after 1 July 2004 (whether or not the rent was paid in advance before 1 July 2004).
(1) This clause applies in respect of a holding (except a continued tenures lease the rent of which was not, immediately before 1 July 2004, subject to redetermination), or a cultivation enclosure permit, to which Division 2A of Part 7 (as inserted by the amending Act) applies that was in force immediately before 1 July 2004.
(2) For the purposes of Division 2A of Part 7:(a) the minimum rent of a holding or a cultivation enclosure permit to which this clause applies is taken, in respect of any due date occurring on or after 1 July 2004 and before 1 July 2005, to be $170, and(b) the minimum rent of a holding or a cultivation enclosure permit to which this clause applies is taken, in respect of any due date occurring on or after 1 July 2005 and before 1 July 2006, to be $270.
(3) For avoidance of doubt, in respect of a due date occurring on or after 1 July 2006, the minimum rent is to be determined as provided by Division 2A of Part 7.
(1) This clause applies in respect of an enclosure permit (other than a cultivation enclosure permit) to which Division 2A of Part 7 (as inserted by the amending Act) applies that was in force immediately before 1 July 2004.
(2) For the purposes of Division 2A of Part 7:(a) the minimum rent of an enclosure permit to which this clause applies is taken, in respect of any due date occurring on or after 1 July 2004 and before 1 July 2005, to be $150, and(b) the minimum rent of an enclosure permit to which this clause applies is taken, in respect of any due date occurring on or after 1 July 2005 and before 1 July 2006, to be $250.
(3) For avoidance of doubt, in respect of a due date occurring on or after 1 July 2006, the minimum rent is to be determined as provided by Division 2A of Part 7.
(1) This clause applies in respect of a continued tenures lease in force immediately before 1 July 2004 if the rent under the lease was not, immediately before 1 July 2004, subject to redetermination and Division 2A of Part 7 (as inserted by the amending Act) applies in respect of the lease.
(2) For the purposes of Division 2A of Part 7:(a) the minimum rent of a lease to which this clause applies is taken, in respect of any due date occurring on or after 1 July 2004 and before 1 July 2005, to be $250, and(b) the minimum rent of a lease to which this clause applies is taken, in respect of any due date occurring on or after 1 July 2005 and before 1 July 2006, to be $350.
(3) For avoidance of doubt, in respect of a due date occurring on or after 1 July 2006, the minimum rent is to be determined as provided by Division 2A of Part 7.
(1) If any additional amount of rent is payable in respect of a holding or enclosure permit as a consequence of the amendments made to this Act by the amending Act, that additional amount does not become due and payable until the date notified to the holder of the holding or enclosure permit by the Minister as being the due date in respect of such additional amount.Note: Accordingly, interest does not become payable in respect of such additional amounts under section 148 until the holder is notified of the additional amount payable.
(2) Subclause (1) ceases to have effect on 1 July 2005.
In this Part:
"amending Act" means the Crown Lands Legislation Amendment Act 2005 .
Part 4A (as inserted by the amending Act) extends to an application to purchase land that is the subject of a holding under the Crown Lands (Continued Tenures) Act 1989 that was made, but not approved by the Minister, before the commencement of that Part.
(1) Any restriction on use (including a restriction relating to subdivision or separate dealing) or public positive covenant imposed by the Minister in accordance with Part 4 of Schedule 7A to the Crown Lands (Continued Tenures) Act 1989 (and in force immediately before the repeal of that Part by the amending Act), referred to in this clause as an "existing instrument", is taken to be a restriction on use or public positive covenant imposed by the Minister in accordance with Part 4A of this Act (as inserted by the amending Act).
(2) Anything done for the purposes of, or in connection with, the recording or implementation of an existing instrument before the commencement of Part 4A of this Act that would have been validly done had the amendments made by the amending Act been in force when it was done is validated.
Section 96A (as inserted by the amending Act) extends to reserve trust managers appointed before the commencement of that section.
The amendments made to section 143 by the amending Act apply in relation to determinations or redeterminations of rent by the Minister whether before or after the commencement of those amendments.
Section 180B (as inserted by the amending Act) extends to matters arising before the commencement of that section if GST is payable in respect of the matter and anything done with respect to the addition of GST that would have been validly done had that section been in force when it was done is validated.
In this Part:
"appointed day" means the day appointed for the commencement of the 2009 Act
pursuant to section 2 of that Act.
"general crematorium lease" means the lease referred to in section 8B of the
1901 Act, as that lease was in force immediately before the appointed day, and
includes the terms and conditions specified in Schedule 3 to that Act.
"JCNT" means the Joint Committee of Necropolis Trustees constituted by section
20 of the 1901 Act.
"new RNT" means the reserve trust established by clause 53.
"old RNT" means the Rookwood Necropolis Trust established under section 92 (1)
by notification published in Gazette No 73 of 15 May 2009 at page 2244.
"Rookwood Necropolis" means the land comprising Lot 500, Deposited Plan
1015565, Lot 7053, Deposited Plan 1029128, and Lot 10, Deposited Plan 829656,
being land at Haslem’s Creek and Rookwood that, immediately before the
appointed day, was set aside for use as a cemetery or crematorium, or for
conservation as a historic site, under the 1901 Act.
"the 1901 Act" means the Rookwood Necropolis Act 1901 , as in force
immediately before the appointed day.
"the 2009 Act" means the Rookwood Necropolis Repeal Act 2009 .
"unallocated lands" means those parts of the Rookwood Necropolis for which,
immediately before the appointed day, there was no reserve trust appointed.
(1) The JCNT and the old RNT are abolished.
(2) A person who, immediately before the appointed day, held office as a member of the JCNT or the old RNT, ceases to hold office as such on that day, but is eligible to be appointed as a member of the new RNT.
(3) A person who, by operation of subclause (2), ceases to hold office as a member of the JCNT or the old RNT is not thereby entitled to be paid any remuneration or compensation.
(1) On the appointed day:(a) a reserve trust is established under the name “Rookwood Necropolis Trust”, and(b) the reserve trust so established is appointed as trustee of the unallocated lands.
(2) The new RNT is taken to have been established and named, and to have been appointed as trustee of the unallocated lands, under section 92 (1).Note: Accordingly, it may be dissolved, its name may be altered and its appointment as trustee of the unallocated lands may be revoked under section 92 (3).
(3) The new RNT is taken to be a continuation of, and the same legal entity as, the JCNT.Note: Accordingly, the staff, assets, rights and liabilities of the JCNT become staff, assets, rights and liabilities of the new RNT.
(4) The assets, rights and liabilities that, immediately before the appointed day, belonged, or purportedly belonged, to the old RNT become the assets, rights and liabilities of the new RNT.
(5) In subclause (4):
"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).
(6) Anything that, before the appointed day, was done or purportedly done by or on behalf of the old RNT is taken to have been done by or on behalf of the new RNT.
(1) Nothing in this Part affects:(a) any dedication of land within the Rookwood Necropolis, or(b) any appointment of a reserve trust for land within the Rookwood Necropolis,that, pursuant to section 6A of the 1901 Act, is taken to have occurred under Part 5 of this Act.
(2) Subject to Part 5 of this Act, the repeal of the 1901 Act does not affect any vesting of land that, before the appointed day, had been effected under section 11 of that Act.
(1) The repeal of the 1901 Act does not affect any contribution, fee or other amount that, immediately before the appointed day, was payable to the JCNT under section 20B or 20G of that Act, except that any such contribution, fee or amount is instead to be paid to the new RNT.
(2) The repeal of the 1901 Act does not affect any obligation of a reserve trust to provide the JCNT with information under section 20H of that Act, except that any such information is to be provided instead to the new RNT.
(1) On and from the appointed day, the general crematorium lease is taken to have been granted by the Minister under section 34A for the purposes of a crematorium.
(2) The lessor or lessee under the general crematorium lease, or the new RNT, may appeal to the Land and Environment Court against a valuation made, or purporting to have been made, by the Valuer-General under the terms of the lease.Note: As at the appointed day, the terms of the lease included those prescribed by Schedule 3 to the 1901 Act, clause 5 of which provided for the valuation of the general crematorium site by the Valuer-General for the purpose of determining the rent payable in relation to that site.
(3) Pending the determination of an appeal under this clause, the valuation to which the appeal relates, and the lessee’s liability for any rent payable on the basis of that valuation, are unaffected by the appeal.Note: Pursuant to section 19 of the Land and Environment Court Act 1979 , an appeal under this clause falls within Class 3 of the Land and Environment Court’s jurisdiction.
(4) Divisions 2A and 3 of Part 7 do not apply to or in respect of the general crematorium lease.
In any other Act or instrument, a reference to the JCNT or the old RNT extends to the new RNT.