sec.723Transfer notice

### sec.723 Transfer notice For the purpose of a declared project, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer a business, asset or liability of SunWater to an irrigation entity; make provision about the consideration for a business, asset or liability transferred under paragraph (a) ; grant a lease, easement or other interest in land to SunWater or an irrigation entity; vary or extinguish a lease, easement or other interest in land held by SunWater, the State, or an irrigation entity; transfer an easement held by SunWater or the State to an irrigation entity; in relation to a lease held under the Land Act 1994 or another Act— transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which an irrigation entity is the successor in law of SunWater; provide for a legal proceeding that is being, or may be, taken by or against SunWater to be continued or taken by or against an irrigation entity; provide for or about the issue, transfer, amendment or application of an instrument to SunWater or an irrigation entity, including— whether SunWater or an irrigation entity holds, or is a party to, an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of SunWater or an irrigation entity; and whether a reference to an entity in an instrument is a reference to SunWater or an irrigation entity; and whether, under an instrument, an amount is or may become payable to or by SunWater or an irrigation entity or other property is, or may be, transferred to or by SunWater or an irrigation entity; and whether a right or entitlement under an instrument is held by SunWater or an irrigation entity; provide for the transfer, other than a transfer under part 4 , or secondment of an employee of SunWater to an irrigation entity; make provision about the employees of SunWater or an irrigation entity and their terms and conditions of employment, rights and entitlements; make provision about the records of SunWater or an irrigation entity, including records and agreements relating to the employment of employees transferred or seconded under a transfer notice; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the declared project. A transfer notice may include conditions applying to something done or to be done under the notice. If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. The transfer of a liability of SunWater or an irrigation entity under a transfer notice discharges SunWater or the irrigation entity from the liability, except to the extent stated in the notice. A transfer notice has effect despite any other law or instrument. A transfer notice has effect on the day it is published in the gazette or a later day stated in it. If a transfer notice provides for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument. A reference in this section to an irrigation entity includes a reference to an entity that is no longer an irrigation entity but was an irrigation entity before its divestment from the State if the Minister declares under section 719 (2) that the application of this section to the entity is part of a declared project for this chapter. In this section— authority includes an accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee , of SunWater or an irrigation entity, does not include a director of SunWater or of the irrigation entity. instrument includes— an oral agreement; and an application or authority under an Act. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. s 723 ins 2017 No. 2 s 4 exp 1 July 2027 (see s 738ZJ) AIA s 20A applies (see s 738ZK) (sec.723-ssec.1) For the purpose of a declared project, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer a business, asset or liability of SunWater to an irrigation entity; make provision about the consideration for a business, asset or liability transferred under paragraph (a) ; grant a lease, easement or other interest in land to SunWater or an irrigation entity; vary or extinguish a lease, easement or other interest in land held by SunWater, the State, or an irrigation entity; transfer an easement held by SunWater or the State to an irrigation entity; in relation to a lease held under the Land Act 1994 or another Act— transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which an irrigation entity is the successor in law of SunWater; provide for a legal proceeding that is being, or may be, taken by or against SunWater to be continued or taken by or against an irrigation entity; provide for or about the issue, transfer, amendment or application of an instrument to SunWater or an irrigation entity, including— whether SunWater or an irrigation entity holds, or is a party to, an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of SunWater or an irrigation entity; and whether a reference to an entity in an instrument is a reference to SunWater or an irrigation entity; and whether, under an instrument, an amount is or may become payable to or by SunWater or an irrigation entity or other property is, or may be, transferred to or by SunWater or an irrigation entity; and whether a right or entitlement under an instrument is held by SunWater or an irrigation entity; provide for the transfer, other than a transfer under part 4 , or secondment of an employee of SunWater to an irrigation entity; make provision about the employees of SunWater or an irrigation entity and their terms and conditions of employment, rights and entitlements; make provision about the records of SunWater or an irrigation entity, including records and agreements relating to the employment of employees transferred or seconded under a transfer notice; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the declared project. (sec.723-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice. (sec.723-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. (sec.723-ssec.4) The transfer of a liability of SunWater or an irrigation entity under a transfer notice discharges SunWater or the irrigation entity from the liability, except to the extent stated in the notice. (sec.723-ssec.5) A transfer notice has effect despite any other law or instrument. (sec.723-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it. (sec.723-ssec.7) If a transfer notice provides for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument. (sec.723-ssec.8) A reference in this section to an irrigation entity includes a reference to an entity that is no longer an irrigation entity but was an irrigation entity before its divestment from the State if the Minister declares under section 719 (2) that the application of this section to the entity is part of a declared project for this chapter. (sec.723-ssec.9) In this section— authority includes an accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee , of SunWater or an irrigation entity, does not include a director of SunWater or of the irrigation entity. instrument includes— an oral agreement; and an application or authority under an Act. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. - (a) transfer a business, asset or liability of SunWater to an irrigation entity; - (b) make provision about the consideration for a business, asset or liability transferred under paragraph (a) ; - (c) grant a lease, easement or other interest in land to SunWater or an irrigation entity; - (d) vary or extinguish a lease, easement or other interest in land held by SunWater, the State, or an irrigation entity; - (e) transfer an easement held by SunWater or the State to an irrigation entity; - (f) in relation to a lease held under the Land Act 1994 or another Act— (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease; - (i) transfer the lease; or - (ii) change a purpose for which the lease is issued; or - (iii) change a condition imposed on the lease; or - (iv) grant a sublease; - (g) in relation to a reserve under the Land Act 1994 — (i) change a purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions; - (i) change a purpose for which the reserve is dedicated; or - (ii) remove a trustee of the reserve; or - (iii) appoint a trustee of the reserve, subject to conditions or without conditions; - (h) provide whether and, if so, the extent to which an irrigation entity is the successor in law of SunWater; - (i) provide for a legal proceeding that is being, or may be, taken by or against SunWater to be continued or taken by or against an irrigation entity; - (j) provide for or about the issue, transfer, amendment or application of an instrument to SunWater or an irrigation entity, including— (i) whether SunWater or an irrigation entity holds, or is a party to, an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of SunWater or an irrigation entity; and (iii) whether a reference to an entity in an instrument is a reference to SunWater or an irrigation entity; and (iv) whether, under an instrument, an amount is or may become payable to or by SunWater or an irrigation entity or other property is, or may be, transferred to or by SunWater or an irrigation entity; and (v) whether a right or entitlement under an instrument is held by SunWater or an irrigation entity; - (i) whether SunWater or an irrigation entity holds, or is a party to, an instrument; and - (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of SunWater or an irrigation entity; and - (iii) whether a reference to an entity in an instrument is a reference to SunWater or an irrigation entity; and - (iv) whether, under an instrument, an amount is or may become payable to or by SunWater or an irrigation entity or other property is, or may be, transferred to or by SunWater or an irrigation entity; and - (v) whether a right or entitlement under an instrument is held by SunWater or an irrigation entity; - (k) provide for the transfer, other than a transfer under part 4 , or secondment of an employee of SunWater to an irrigation entity; - (l) make provision about the employees of SunWater or an irrigation entity and their terms and conditions of employment, rights and entitlements; - (m) make provision about the records of SunWater or an irrigation entity, including records and agreements relating to the employment of employees transferred or seconded under a transfer notice; - (n) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the declared project. - (i) transfer the lease; or - (ii) change a purpose for which the lease is issued; or - (iii) change a condition imposed on the lease; or - (iv) grant a sublease; - (i) change a purpose for which the reserve is dedicated; or - (ii) remove a trustee of the reserve; or - (iii) appoint a trustee of the reserve, subject to conditions or without conditions; - (i) whether SunWater or an irrigation entity holds, or is a party to, an instrument; and - (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of SunWater or an irrigation entity; and - (iii) whether a reference to an entity in an instrument is a reference to SunWater or an irrigation entity; and - (iv) whether, under an instrument, an amount is or may become payable to or by SunWater or an irrigation entity or other property is, or may be, transferred to or by SunWater or an irrigation entity; and - (v) whether a right or entitlement under an instrument is held by SunWater or an irrigation entity; - (a) signed by the Minister; and - (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. - (a) updating a register or other record; and - (b) amending, cancelling or issuing an instrument. - (a) an oral agreement; and - (b) an application or authority under an Act.