Vesting of liabilities of Murray‑Darling Basin Commission
239F Vesting of liabilities of Murray‑Darling Basin Commission
On the commencement of this Part, the transitional liabilities of the Murray‑Darling Basin Commission immediately before that commencement:
cease to be liabilities of the Murray‑Darling Basin Commission; and
become liabilities of the Authority without any conveyance, transfer or assignment.
The Authority becomes the successor in law in relation to the transitional liabilities.
A transitional liability is any liability, duty or obligation, whether actual, contingent or prospective, but does not include a liability, duty or obligation imposed by:
an Act; or
regulations or other subordinate legislation made under an Act; or
the Murray‑Darling Basin Act 1992 of New South Wales; or
the Murray‑Darling Basin Act 1993 of Victoria; or
the Murray‑Darling Basin Act 1996 of Queensland; or
the Murray‑Darling Basin Act 1993 of South Australia; or
the former MDB Agreement.
To avoid doubt, this section does not apply to liabilities that relate to River Murray Operations assets or Living Murray Initiative assets, except to the extent that they are liabilities of the Murray‑Darling Basin Commission immediately before the commencement of this Part.
The Agreement provides for the Basin States to indemnify the Authority for liabilities that were, before the commencement of this Part, liabilities of the Murray‑Darling Basin Commission relating to River Murray Operations assets.
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