You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2001 - 57)
Skip to content
Sydney Olympic Park Authority Act 2001 No 57
Current version for 1 December 2018 to date (accessed 29 January 2020 at 18:34)
Schedule 8
Schedule 8 Savings, transitional and other provisions
(Section 88)
Part 1 General
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
(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 any such provision 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 other 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.
Part 2 Provisions consequent on enactment of this Act
2   Definitions
In this Part:
assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).
3   Vesting of part of OCA’s undertaking in Authority
(1)  On the date of commencement of this clause, the following provisions have effect:
(a)  the assets of OCA determined by the Director-General of OCA to be assets that relate primarily to the land that is vested in the Authority under section 7 (the transferred assets) vest in the Authority by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,
(b)  the rights or liabilities of OCA relating to the transferred assets become by virtue of this clause the rights or liabilities of the Authority,
(c)  all proceedings relating to the transferred assets, or the rights or liabilities of OCA relating to the transferred assets, commenced before that date by or against OCA and pending immediately before that date are taken to be proceedings pending by or against the Authority,
(d)  any act, matter or thing done or omitted to be done in relation to the transferred assets, or the rights or liabilities of OCA relating to the transferred assets before that date by, to or in respect of OCA 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 Authority.
(2)  The operation of this clause is not to be regarded:
(a)  as a breach of contract or confidence or otherwise as a civil wrong, or
(b)  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c)  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
(d)  as conferring a right of purchase, or option to purchase, the reversionary interest in any land the subject of a lease.
(3)  The operation of this clause is not to be regarded as an event of default under any contract or other instrument.
(4)  No attornment to the transferee by a lessee from OCA is required.
(5)  No compensation is payable to any person or body in connection with a transfer.
(6)  Subclause (5) does not affect the rights of any member of staff of OCA who is the subject of a transfer.
4   Transfer duty
Duty under the Duties Act 1997 is not chargeable for or in respect of:
(a)  a transfer effected by or under this Act, or
(b)  anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
5   Staff of OCA
(1)  The group of staff attached to OCA and determined by the Minister as being the group of staff employed in relation to the administration of an asset or liability that is transferred to the Authority under clause 3 is removed from OCA and added to the group of staff attached to the Authority.
(2)  Section 8 (5) of the Public Sector Management Act 1988 applies to the removal of staff in accordance with this clause in the same way as it applies to the removal by the Governor of a branch from a Department and the adding of that branch to another Department under section 55A of that Act.
6   Construction of references to OCA
On the date of commencement of this clause, a reference in any other Act, in an instrument made under any Act or in a document of any kind:
(a)  to OCA in so far as the reference is a reference to or in respect of an asset or liability that is transferred to the Authority under clause 3 is, subject to the regulations, taken to be a reference to the Authority, or
(b)  to the Director-General of OCA in so far as the reference is a reference to or in respect of an asset or liability that is transferred to the Authority under clause 3 is, subject to the regulations, taken to be a reference to the Chief Executive Officer of the Authority.
7   Bicentennial Park Trust
(1)  The Bicentennial Park Trust is dissolved.
(2)  A person who held office as a trustee of the Bicentennial Park Trust immediately before it is dissolved is not entitled to any compensation for loss of office.
8   Staff of Bicentennial Park Trust
(1)  The group of staff attached to the Bicentennial Park Trust is removed from the National Parks and Wildlife Service and added to the group of staff attached to the Authority.
(2)  Section 8 (5) of the Public Sector Management Act 1988 applies to the removal of staff in accordance with this clause in the same way as it applies to the removal by the Governor of a branch from a Department and the adding of that branch to another Department under section 55A of that Act.
9   Construction of references to Bicentennial Park Trust
On the dissolution of the Bicentennial Park Trust, a reference in any other Act, in an instrument made under any Act or in a document of any kind:
(a)  to the Bicentennial Park Trust is taken to be a reference to the Authority, or
(b)  to a trustee of the Bicentennial Park Trust, or to the Manager of Bicentennial Park, is taken to be a reference to the Chief Executive Officer of the Authority or to the Director-General.
10   (Repealed)
11   Determination of certain development applications—Australia Centre
A development application under the Environmental Planning and Assessment Act 1979 made before 1 July 2001 to Auburn Council in relation to land within Sydney Olympic Park that has not been finally determined by that date is to be determined by Auburn Council.
12   Silverwater Nature Reserve
(1)  In this clause, the proclamation means the proclamation made, or purporting to be made, under section 49 (1) of the National Parks and Wildlife Act 1974 and published in Government Gazette No 121 of 15 September 2000 at page 10588.
(2)  The land referred to in the proclamation is taken to be land that, when the proclamation was made, was land that had been acquired by the Minister administering Part 11 of the National Parks and Wildlife Act 1974 by agreement from the Olympic Co-ordination Authority under section 145 of the National Parks and Wildlife Act 1974.
(3)  The land referred to in the proclamation is taken to have vested in the Minister administering the National Parks and Wildlife Act 1974 immediately before the proclamation was made, or purported to be made.
(4)  The proclamation is validated and is taken, at all relevant times, to have been validly made.
(5)  Anything done, or omitted to be done, on or in relation to the land referred to in the proclamation that would have been valid if this clause had been in effect at the time the thing was done, or omitted to be done, is taken, to the extent of any invalidity, to have been, at all relevant times, validly done or validly omitted to be done.
Part 3 Provisions consequent on enactment of Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009
13   Definitions
In this Part:
assets means any legal or equitable estate or interest (whether present or future and 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.
former Trust means the State Sports Centre Trust.
instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent and whether personal or assignable).
rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent and whether personal or assignable).
14   Repeal of Act
The State Sports Centre Trust Act 1984 is repealed.
15   Dissolution of former Trust
(1)  The State Sports Centre Trust is dissolved.
(2)  On the dissolution of the former Trust, each person who was a trustee within the meaning of the State Sports Centre Trust Act 1984 immediately before the commencement of this Part ceases to hold office as such. No compensation is payable to any such person as the result of the operation of this subclause.
16   Transfer of assets, rights and liabilities of former Trust
(1)  On the date of commencement of this Part, the following provisions have effect:
(a)  the assets of the former Trust vest in the Authority by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,
(b)  the rights and liabilities of the former Trust become by virtue of this clause the rights and liabilities of the Authority,
(c)  all proceedings relating to the assets, rights or liabilities commenced before that date by or on behalf of, or against, the former Trust and pending immediately before that date are taken to be proceedings pending by or against the Authority,
(d)  any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before that date by, to or in respect of the former Trust 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 Authority,
(e)  the Authority has all the entitlements and obligations of the former Trust in relation to the assets, rights and liabilities that the former Trust would have had but for this clause, whether or not those entitlements and obligations were actual or potential on the commencement of this Part,
(f)  a reference in any Act, in any instrument made under any Act or in any document of any kind to the former Trust or a predecessor of the former Trust is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations) to be read as, or as including, a reference to the Authority.
(2)  The operation of this clause is not to be regarded:
(a)  as a breach of contract or confidence or otherwise as a civil wrong, or
(b)  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c)  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
(d)  as an event of default under any contract or other instrument.
(3)  No attornment to the transferee by a lessee from the former Trust is required.