SCHEDULE 4 - Savings and Trans SCHEDULE 4 - Savings and Transitional Provisions

Section 38

1.   Interpretation

In this Schedule –

asset means –

(a) any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property; and

(b) any other right –

having any connection with future potential production forest land in existence immediately before the commencement of section 4(2) ;

contract means –

(a) an agreement, arrangement, undertaking, warranty or other contract; or

(b) part of an agreement, arrangement, undertaking, warranty or other contract –

having any connection with future potential production forest land in existence immediately before the commencement of section 4(2) ;

corporation means the Forestry corporation or other Government Business Enterprise or a State-owned company;

document includes part of a document;

liability includes any, or any part of any, liability, duty and obligation, whether actual, contingent or prospective, in relation to any future potential production forest land in existence immediately before the commencement of section 4(2) ;

right includes any right, power, privilege and immunity, whether actual, contingent or prospective, in relation to any future potential production forest land in existence immediately before the commencement of section 4(2) ;

specified means specified in a transfer notice;

timber has the same meaning as in the Forest Management Act 2013 ;

transfer day means the day on which a transfer notice, or the relevant part of a transfer notice, takes effect;

transfer notice means –

(a) a notice made under clause 2(1) or (2); or

(b) a part of such a notice;

transferor, in relation to a transfer notice, means –

(a) the Crown, if the relevant transfer notice transfers any assets, liabilities or contracts to the corporation referred to in the transfer notice; or

(b) the corporation referred to in the transfer notice, if the relevant transfer notice transfers any assets, liabilities or contracts to the Crown;

transfer recipient, in relation to a transfer notice, means –

(a) the corporation referred to in the relevant transfer notice, if the transfer notice transfers any assets, liabilities or contracts to the corporation; or

(b) the Crown, if the relevant transfer notice transfers any assets, liabilities or contracts to the Crown.

2.   Transfer of assets to and from a corporation

(1) The Crown Lands Minister, after consulting the Minister, by notice published in the Gazette, may transfer from a corporation to the Crown such –

(a) assets owned by the corporation; and

(b) liabilities of the corporation; and

(c) contracts to which the corporation is a party, other than contracts for the supply of timber or contracts of employment –

as are specified in the notice.

(2) The Crown Lands Minister, after consulting the Minister, by notice published in the Gazette, may transfer from the Crown to a corporation such –

(a) assets owned by the Crown; and

(b) liabilities of the Crown; and

(c) contracts to which the Crown is a party, other than contracts of employment –

as are specified in the notice.

(3) A transfer notice may –

(a) specify conditions including, without limitation –

(i) conditions relating to the transfer of the assets, liabilities and contracts; and

(ii) conditions relating to the payment of consideration, if any is payable; and

(b) provide that a right under a specified contract is held by the transferor or the transfer recipient; and

(c) provide that a liability under a specified contract is a liability of the transferor or the transfer recipient; and

(d) provide that a reference in a specified contract to the transferor is, or is to include, a reference to the transfer recipient; and

(e) provide that a transfer recipient is substituted as a party to the contract, in place of the transferor, from a date not earlier than the transfer day; and

(f) provide for any matter that is incidental to the transfer of the assets, liabilities and contracts.

(4) A transfer notice takes effect on the specified day or days, whether that day is, or those days are, before, on or after the day on which the transfer notice is published in the .

3.   Transitional provisions on transfer of property and assets to and from a corporation

(1) In this section –

transferring asset means any asset specified in a transfer notice;

transferring contract means a contract specified in a transfer notice;

transferring liability means a liability specified in a transfer notice.

(2) On and after the transfer day, the following provisions apply unless the transfer notice provides otherwise:

(a) a reference to the transferor in a document in relation to a transferring asset, transferring liability or transferring contract is taken where appropriate to be or to include a reference to the transfer recipient;

(b) a contract made by the transferor relating to a transferring asset, transferring liability or transferring contract to the extent that it is not performed or discharged before the transfer day is taken to have been made by the transferor or transfer recipient, as appropriate.

(3) A transfer notice may limit the extent to which the provisions of subclause (2) apply.

4.   Removing doubt relating to transfer

(1) If there is any doubt –

(a) as to whether any asset, liability or contract, or any part of any asset, liability or contract, is transferred to the transfer recipient by the operation of clause 2(6)(a); or

(b) as to whether any contract or other document relates to any asset, liability or contract that is transferred to the transfer recipient by the operation of clause 2(6)(a) –

the Crown Lands Minister is to determine the matter in consultation with the Minister and is to provide written notice of that determination to the transfer recipient and, if the Crown Lands Minister considers it appropriate, a party to a contract that is relevant to the determination of the matter.

(2) The determination of the Crown Lands Minister under subclause (1) is final and binding.

5.   Savings and transitional regulations

(1) The Governor may make regulations to provide –

(a) for savings and transitional matters, not otherwise provided for in this Act, necessary or expedient for bringing this Act into operation; and

(b) for savings and transitional matters consequent on a transfer of any assets, liabilities or contracts to a transfer recipient under a transfer notice.

(2) Regulations made under subclause (1) may provide for any of the savings or transitional matters to take effect when section 38 of this Act commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.