19Transfer of property to Property and Development NSW

19 Transfer of property to Property and Development NSW

19 Transfer of property to Property and Development NSW

(1) The Minister may, by order published in the Gazette, transfer property specified in the order to Property and Development NSW.

(1A) Property transferred to Property and Development NSW by an order under this section vests in Property and Development NSW on the later of the following dates (the transfer date)—

(a) the date the order is published in the Gazette,

(b) the date specified in the order.

(1B) Property specified in an order under this section vests in Property and Development NSW for an estate in fee simple, or another interest specified in the order—

(a) without the need for further conveyance, transfer, assignment or assurance, and

(b) subject to any trusts, estates, interests, dedications, conditions, restrictions and covenants to which the land was subject immediately before the transfer date.

(1C) On the transfer date for the property, the following have effect—

(a) the rights and liabilities of the transferor in relation to the property become the rights and liabilities of Property and Development NSW,

(b) all proceedings relating to the property commenced but not finished immediately before the transfer date are taken to be proceedings by or against Property and Development NSW,

(c) an act, matter or thing done or omitted to be done in relation to the property before the transfer date by or in relation to the transferor is, to the extent the act, matter or thing continues to have force or effect, taken to have been done or omitted to be done by, to or in relation to Property and Development NSW,

(d) subject to the regulations, a reference in an Act, an instrument made under an Act or another document to the transferor or a predecessor of the transferor is, to the extent the reference relates to the property or the rights or liabilities of the transferor, taken to be or to include a reference to the transferee.

(2) Property is authorised to be transferred to Property and Development NSW by an order under this section only if it is property of a government agency (including vacant Crown land). This section does not prevent land, the fee simple in which is vested in Her Majesty, the Crown or a government agency, from being transferred by order under this section even if the land is subject to other interests.