Validation of prescribed instruments
14 Validation of prescribed instruments
In this section —
instrument means a lease or licence granted, or purporting to have been granted, under this Act in respect of a jetty within or partly within the boundaries of a port authority as defined in the Port Authorities Act 1999 section 3(1) and, if any such lease or licence has been renewed or varied, includes the lease or licence as renewed or varied.
On and from the day on which regulations prescribing an instrument for the purposes of this section come into operation —
the instrument is to be taken to be, and since the commencement of the instrument to have always been, as valid and effective as if the jetty to which the instrument relates is, and since the commencement of the instrument has always been, a jetty to which this Act applies; and
the rights, obligations and liabilities of all persons under the instrument (including a right to renew the instrument) are to be taken to be, and since the commencement of the instrument to have always been, the same as if the jetty to which the instrument relates is, and since the commencement of the instrument has always been, a jetty to which this Act applies; and
anything done, or purportedly done, before that day as a result or consequence of, or in reliance on or in relation to, the instrument (including a renewal, or purported renewal, of the instrument) is to be taken to be, and to have always been, as valid and effective as it would have been if the jetty to which the instrument relates were a jetty to which this Act applies when the thing was done or purportedly done.
In subsection (2)(c) a reference to the doing of anything includes a reference to an omission to do anything.
[Section 14 inserted: No. 2 of 2019 s. 15.]
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