Port Arthur Historic Site Management Authority Act 1987
SCHEDULE 5 - Transitional ProvSCHEDULE 5 - Transitional Provisions
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SCHEDULE 5 - Transitional Prov SCHEDULE 5 - Transitional Provisions
1. First meeting of Authority
The first meeting of the Authority shall be convened in accordance with directions given by the Minister.
2. Agreements, &c., to bind Authority
(1) On and after the commencing day, all agreements, contracts, leases, licences, and undertakings in relation to the subject land that were, immediately before that day, binding on the Minister or the Director of the National Parks and Wildlife Service bind the Authority, in substitution for the Minister or the Director, as the case requires.
(2) Notwithstanding anything in any other provision of this Act, where, immediately before the commencing day, proceedings to which the Minister or the Director of the National Parks and Wildlife Service was a party were pending in any court in relation to a matter arising out of the management of the pre-existing reserve or any other land forming part of the subject land, the Minister or the Director, as the case requires, continues, on and after the commencing day, as a party to those proceedings.
3. Transfer of assets, &c.
(1) On, or as soon as practicable after, the commencing day, the Minister shall transfer, or cause to be transferred, to the Authority such of the assets owned by the State and held or used, immediately before the commencing day, in connection with the management by the Director of the National Parks and Wildlife Service of the pre-existing reserve or any other land forming part of the subject land as are, in the opinion of the Minister, appropriate to be used by the Authority in connection with the performance of its functions.
(2) The Director of the National Parks and Wildlife Service shall execute any instrument required for the purposes of subclause (1) and shall not be personally subjected to any action, liability, claim, or demand in respect of the execution in good faith of any such instrument.
(3) On the transfer to the Authority of any asset in pursuance of subclause (1) , the Authority is, by force of this clause, liable to pay, satisfy, observe, perform, and discharge the debts, liabilities, and obligations of the State in relation to that asset and is bound by any covenant or trust in relation to that asset to which the State was subject.