Waste Avoidance and Resource Recovery Act 2001

On the day on which a Waste Board is dissolved by this Act, the following provisions have effect—

the assets of the Waste Board vest in Resource NSW by virtue of this clause without the need for any further conveyance, transfer, assignment or assurance,

the rights and liabilities of the Waste Board become the rights and liabilities of Resource NSW,

all proceedings commenced before that day by or against the Waste Board and pending immediately before that day are taken to be proceedings pending by or against Resource NSW,

any act, matter or thing done or omitted to be done before that day by, to or in respect of the Waste Board is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of Resource NSW.

The Minister may, by order in writing, direct that any specified asset, right or liability of a Waste Board is transferred to a body representing the Crown (but only if the body consents to the transfer). Subclause (1) applies to any such direction as if a reference to Resource NSW were a reference to that body.

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.

The operation of this clause is not to be regarded as an event of default under any contract or other agreement.

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