Growth Centres (Development Corporations) Act 1974

The following provisions have effect in relation to the transfer under clause 9 of the assets, rights and liabilities of the Growth Centres Commission (the transferor) to the relevant corporation (the transferee)—

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,

the rights or liabilities of the transferor become by virtue of this clause the rights or liabilities of the transferee,

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,

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 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,

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 this clause, whether or not those entitlements and obligations were actual or potential at the time the transfer took effect,

a reference in any instrument made under any Act or in any document of any kind (other than an instrument of appointment) to the Growth Centres Commission or to the chief executive of the Growth Centres Commission is taken to include a reference to—

if the reference is used in relation to the operational functions of the Growth Centres Commission—the Director-General of the Department of Planning, or

in any other case—the transferee.

For the purpose of subclause (1) (f), the operational functions of the Growth Centres Commission include functions under this Act, the Environmental Planning and Assessment Act 1979 or the Threatened Species Conservation Act 1995, or any other Act, that relate to the following—

promoting, co-ordinating, managing or securing the orderly and economic use and development of the areas of land comprising the former North West and South West Growth Centres (including, but not limited to, matters relating to precinct planning and development contributions),

protecting, conserving or enhancing the environment within those areas of land or any areas that are related to those areas.

The regulations made under clause 3 of this Schedule may provide that a reference in any specified instrument or other document to the Growth Centres Commission is taken to include a reference to—

the relevant corporation, or

the Director-General of the Department of Planning.

Any such regulation has effect despite subclause (1) (f) and may take effect on a date that is earlier than the date of its publication in the Gazette.

The operation of this clause is not to be regarded—

as a breach of contract or confidence or otherwise as a civil wrong, or

as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

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

as an event of default under any contract or other instrument.

No attornment to the transferee by a lessee from the transferor is required.

No compensation is payable to any person or body in connection with the transfer.

Duty under the Duties Act 1997 is not chargeable for or in respect of—

the transfer, or

anything certified by the Minister as having been done in consequence of the transfer (for example, the transfer or conveyance of an interest in land).