Mining (Geological and Mining Museum) Amendment Act 1989 (NSW)
MINING (GEOLOGICAL AND MINING MUSEUM)
AMENDMENT ACT 1989 No. 141
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
Amendment of Mining Act 1973 No. 42
4. Amendment of certain other Acts
SCHEDULE 1 - AMENDMENT OF MINING ACT 1973
SCHEDULE 2 - AMENDMENT OF OTHER ACTS
MINING (GEOLOGICAL AND MINING MUSEUM)
AMENDMENT ACT 1989 No. 141
NEW SOUTH WALES
Act No. 141, 1989
An Act to amend the Mining Act 1973 to constitute the Geological and Mining Museum Trust; to define the Trust's objects and functions; to
and Mining Museum; to amend certain other Acts; and for other make provision with respect to the administration of the Geological purposes. [Assented to 25 October 1989]
Act No. 141
Mining (Geological and Mining Museum) Amendment 1989
The Legislature of New South Wales enacts:
Short title
This Act may be cited as the Mining (Geological and Mining
Museum) Amendment Act 1989.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of Mining Act 1973 No. 42
The Mining Act 1973 is amended as set out in Schedule 1.
Amendment of certain other Acts
Each Act specified in Schedule 2 is amended as set out in that
Schedule.
SCHEDULE 1 - AMENDMENT OF MINING ACT 1973
(Sec. 3)
| (1) | Part 9A: After Part 9, insert | |
|
Definitions
169A. (1) In this Part
"Director" means the Director of the Museum;
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"mineral" includes uranium, petroleum, coal and shale; "Museum" means the Geological and Mining Museum
originally established under the Mining Act 1906;
"Trust" means the Geological and Mining Museum
Trust constituted under section 169B;
"trustee" means a trustee referred to in section 169B.
(2) In this Part
(a)
a reference to a function includes a reference to a power, authority and duty, and
(b)
a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
Division 2 - The Geological and Mining Museum Trust
Constitution of the Trust
169B. (1) There is constituted by this Act a corporation under the corporate name of the Geological and Mining
Museum Trust(2) The Trust is to consist of 9 trustees appointed by the Governor on the recommendation of the Minister, at least 4 of whom are, in the opinion of the Minister, knowledgeable and experienced in geology or mineral resource development
(3) The Director is eligible (if otherwise qualified) to be appointed as a trustee. (4) Part 1 of the Sixth Schedule has effect with respect to the trustees.
(5) Part 2 of the Sixth Schedule has effect with respect to the procedure of the Trust
Objects of the Trust
169c. The objects of the Trust are to control and manage the Museum in a manner which:
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(a)
stimulates interest in the sciences and technologies related to the development and use of mineral and energy resources; and
(b)
increases and disseminates knowledge of the importance of mining, and of mineral and energy resources, to the socio-economic development of Australia; and
(c)
promotes the responsible development and use of mineral and energy resources.
Functions of the Trust
169D. (1) The Trust has the functions conferred or imposed on it by or under this or any other Act
(2) The Trust may:
(a)
manage and maintain all Trust property and property in the custody of the Trust; and
(b) construct premises to be used for the Museum; and
(c)
acquire specimens, equipment, photographic items, historical publications and other items and scientific data relating to the sciences and technologies associated with the mineral and energy industries; and
(d)
provide to any person scientific information concerning those sciences and technologies; and
(e) undertake scientific research in those sciences and technologies; and
(f)
promote and provide exhibitions, lectures, films, publications and other educational instruction or materials; and
(g)
subject to any conditions the Trust imposes, permit the use of any premises used for the Museum in relation to:
(i)
activities of an educational or cultural nature; or
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(ii) social functions; or
(iii) State occasions; or
(iv) charitable, commercial or other promotional activities; or
(v) the holding of conferences or meetings; and
(h) subject to any conditions the Trust imposes, permit the use of any premises used for the Museum for the taking of photographs, the making of films or sound recordings and the production of television or radio programs or material; and (i) provide, or allow the provision of, food or other refreshments on any premises used for the Museum and apply for, hold or dispose of any relevant licence, permit or other authority for that purpose; and
(j)
engage, or enter into contracts or arrangements with, artists, entertainers, lecturers and performers:
(i)
to appear on any premises used for the Museum; or
(ii)
in connection with any service provided in pursuance of the objects of the Trust; and
(k)
charge and receive fees or other amounts for, or in connection with, entry into any premises used for the Museum or any advice or service provided, any article sold or any permission given by the Trust
(3) Subject to this Part and the regulations, the Trust has
the control and management of the Museum and of all
property vested in the Trust(4) The fees and other amounts received by the Trust (as referred to in subsection (2) (k)) and any income earned from them are its property.
(5) The Trust has such functions, in addition to those specified in this section, as are reasonably necessary for the achievement of its objects.
(6) In the exercise of its functions the Trust is subject to the control and direction of the Minister.
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Division 3 - Trust property
Acquisition of property
169E. (1) The Trust may agree to any condition that is
not inconsistent with its objects being imposed on its
acquisition of any property.(2) The Trust may acquire, by gift or by devise or bequest, any property for the purposes of this Part and the Trust may agree to and carry out the conditions of the gift, devise or bequest
(3) The rule of law against remoteness of vesting does not apply to any condition to which the Trust has agreed under this sectioa
(4) If the Trust acquires any property by gift or by devise or bequest, it may retain the property in the form in which it was acquired, subject to any condition to which the Trust has agreed in relation to the property.
(5) The Stamp Duties Act 1920 does not apply to or in
respect of any such acquisition of property by the Trust
Disposal of property
169F. (1) In this section:
"condition" means a condition to which the Trust has
agreed under section 169E.
(2) The Trust may not sell, mortgage or otherwise dispose
of any real property, or any property acquired by gift or by
devise or bequest except
(a)
if the property was acquired without any condition - with the approval of the Governor, or
(b)
if the property was acquired subject to such a condition - in accordance with the condition or subsection (3).
(3) If the Trust determines that any property acquired by
the Trust subject to such a condition is not required for theMining (Geological and Mining Museum) Amendment 1989
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purposes of the Trust, the Trust may, with the approval of the
Governor
(a)
sell the property and retain the proceeds of the sale; or
(b) exchange the property for other property, or
(c)
give the property to any recreational, scientific or educational institution or to a government department, administrative office or public or local authority, or
(d)
if the Trust is of the opinion that the property is of no commercial value - dispose of the property without valuable consideration.
Vesting of certain property
169G. (1) The Minister may direct, by notice published in the Gazette, that any property that
(a)
is vested in the Crown and subject to the control and direction of the Minister, and
(b) in the opinion of the Minister
(i)
relates to the sciences and technologies associated with the mineral and energy industries; or
(ii)
is necessary for the Trust's achievement of its objects,
is to cease to be vested in the Crown and is to vest in the
Trust(2) If the Minister gives such a direction, the property
described in the direction ceases to vest in the Crown and,
without any further conveyance or transfer, vests in the Trust.
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Division 4 - Administration
Staff of the Trust etc
169H. (1) For the purposes of this Part (a) a Director of the Museum; and
(b)
such other persons as may be necessary to enable the Trust to exercise its functions,
may be employed under Part 2 of the Public Sector
Management Act 1988.(2) The Trust may, with the approval of the Minister, arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a government department, an administrative office or a public or local authority.
(3) The Trust may engage such consultants as the Trust
requires to exercise its functions.
The Director
169l. (1) The Director is the chief executive officer of the
Trust
(2) The Director is responsible for the administration and management of the Museum, and of any services provided in connection with it, subject to and in accordance with any directions of the Trust
(3) The Director has such other functions as are conferred
or imposed on the Director by or under this or any other Act.
Committees
169J. (1) The Trust may establish committees to assist it
in connection with the exercise of any of its functions.
(2) A person may be appointed to be a member of such a committee whether or not the person is a trustee.
(3) The procedure for the calling of meetings of a
committee and for the conduct of business at those meetings
is, subject to the regulations, to be as determined by the TrustMining (Geological and Mining Museum) Amendment 1989
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or (subject to any determination of the Trust) by the
committee.
Division 5 - Financial provisions
Financial year
169K. (1) The financial year of the Trust is the year commencing on 1 July.
(2) A different financial year may be determined by the Treasurer under section 4 (lA) of the Public Finance and Audit Act 1983.
Funds of the Trust
169L. (1) The Trust is to establish at a bank in New South Wales an account to be known as the Geological and Mining Museum Trust Account (in this section referred to as "the Trust Account").
(2) The funds of the Trust are to be paid to the credit of the Trust Account and are to consist of.
(a)
any money appropriated by Parliament for the purposes of the Trust; and
(b)
all money derived by the Trust from admission fees and from fees and other charges imposed for the hire
of the trust property or any part of it; and (c)
all money derived by the Trust from the sale, leasing, letting or hire or other disposal by the Trust of any property which the Trust has power to sell, lease, let or hire or otherwise dispose of; and
(d)
all money received by the Trust as profit arising out of any investment made by it in the exercise of its powers; and
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(e) all money borrowed by the Trust; and
all other money received from any source by the Trust (3) A payment of money must not be made to the credit of the Trust Account if the payment would be a breach of a condition affecting the money.
(f)
(4) The funds of the Trust are to be applied only:
(a)
in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Trust in the exercise of its functions; and
(b)
in the payment of any remuneration payable under this Part
Trust instruments apply despite sees. 169s, 169o and 169p
169M. The terms of any instrument creating a trust with
respect to a fund held by the Trust have effect despite
sections 169N, 169O and 169P.
Investment and financial accommodation
169N. (1) The Trust may invest any funds held by the Trust
(a) in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987; or (b) if that Act does not confer power to invest those
funds:
(i) in accordance with and subject to the Trustee Act 1925; and (ii) in any other manner approved by the Minister with the concurrence of the Treasurer.
(2) The Trust may obtain financial accommodation and effect financial adjustments under and subject to the Public Authorities (Financial Arrangements) Act 1987 for the purpose of enabling the Trust to exercise its functions.
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Investment pools
169o. (1) The Trust may establish and maintain one or more investment pools for the collective investment of funds held by the Trust
(2) The Trust may from time to time bring into or withdraw from an investment pool the whole or any part of any funds held by the Trust
Distribution of income of investment pools
169P. (1) The Trust must distribute the income of an investment pool at least once a year.
(2) On the distribution of the income of an investment pool under this section, the Trust is required, in respect of:
(a) a fund in the investment pool that is the subject of a trust that specifies:
(i) that the income from the investment of the fund is to be applied for a special purpose other than the general purposes of the Trust; or (ii) that the fund is to be applied for a purpose other than the general purposes of the Trust and that fund is insufficient without the addition of the income from the investment of
the fund, to achieve that purpose; and (b) any other fund in the investment pool in respect of which the Trust is otherwise required to do so, to credit the income of that investment pool to the account kept by it in respect of that fund proportionately according to the value attributed equitably to that fund by the Trust at the date of distribution and the period for which that fund has formed part of that investment pool since the date of the last preceding distribution of the income of that investment pooL
(3) If the Trust distributes the income of an investment
pool under this section, it may, in respect of a fund, other than
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a fund referred to in subsection (2) (a) or (b), credit the
income of that investment pool to any account kept by it
Nature of funds not affected by pooling
169Q. The inclusion in an investment pool of the whole or any part of a fund does not affect
(a) the identity of the fund or part; or
(b) any trust to which the fund is subject
Division 6 • Miscellaneous
Reports to Minister
169R. The Trust is required, in addition to any other report required by the Annual Reports (Statutory Bodies) Act 1984, to provide the Minister with such reports on the activities of the Trust as the Minister may from time to time direct
Delegation by Trust and Director
169s. (1) The Trust may delegate to a person any of its functions, other than this power of delegation.
(2) The Director may sub-delegate to a person any of the functions delegated to the Director by the Trust if the Director is authorised in writing to do so by the Trust
Personal liability of trustees etc
169T. NO matter or thing done by the Trust any trustee or any person acting under the direction of the Trust, if the matter or thing was done in good faith for the purposes of executing the provisions of this or any other Act, subjects a trustee or a person so acting personally to any action, liability, claim or demand.
Recovery of charges etc by Trust
169u. Any charge, fee or money due to the Trust may be recovered by the Trust as a debt in a court of competent jurisdiction.
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(2) Section 195 (Regulations):
(a) Section 195 (2) (tl):
Omit "and" where lastly occurring.(b) Section 195 (2) (t2):
After section 195 (2) (tl), insert
(t2) in relation to the Geological and Mining Museum Trust
(i) meetings of the Trust; and (ii) committees of the Trust and (iii)
the use and custody of the seal of the Trust; and
(iv)
the use of property or services provided by the Trust and
(v)
the methods to be used in the care of property of the Trust and
(vi)
the determination and payment of fees to the Trust; and
(vii)
the election of a person by the Trust who has rendered any service to the Geological and Mining Museum or who has furthered
(3) Section 198 (Transitional provisions and savings): associate of the Museum; and the objects of the Trust as an honorary At the end of the section, insert
(2) The transitional provisions and savings in Part 3 of the Sixth Schedule have effect
(4) Sixth Schedule:
After the Fifth Schedule, insert
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SIXTH SCHEDULE - THE
GEOLOGICAL AND MINING MUSEUM
(Sec. 169B (4) and (5))
PART 1 - THE TRUSTEES
Chairperson of the Trust
1. (1) Of the trustees, one is to be appointed as Chairperson of the Trust (in and by the trustee's instrument of appointment or by another instrument executed by the Governor).
(2) The Governor may remove a trustee from the office of Chairperson at any time.
(3) A trustee who is Chairperson vacates the office of Chairperson if the trustee:
(a) is removed from that office by the Governor, or
(b)
resigns that office by instrument in writing addressed to the Minister, or
(c) ceases to be a trustee.
Deputies
2. (1) The Minister may, from time to time, appoint a person to be the deputy of a trustee, and the Minister may revoke any such appointment
(2) In the absence of a trustee, the trustee's deputy: (a) is, if available, to act in the place of the trustee; and (b) while so acting, has all the functions of the trustee and is to be taken to be the trustee.
(3) The deputy of a trustee who is Chairperson of the Trust does not have the trustee's functions as Chairpersoa
(4) A person while acting in the office of a trustee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
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Term of office
3. (1) Subject to this Schedule, a trustee holds office for such period (not exceeding 3 years) as may be specified in the trustee's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment
(2) A person may be re-appointed as a trustee but no
trustee is to hold office for more than 3 consecutive terms.
Remuneration
4. A trustee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the trustee.
Vacancy in office of a trustee
5. (1) The office of a trustee becomes vacant if the trustee:
(a) dies; or
(b) completes a term of office and is not re-appointed; or (c) resigns the office by instrument in writing addressed to the Minister, or (d) is removed from office by the Governor under this clause or under Part 8 of the Public Sector Management Act 1988; or (e)
personally or in the ordinary course of post (unless the which reasonable notice has been given to the trustee is absent from 4 consecutive meetings of the Trust of
trustee is granted leave by the Trust or unless, before the expiration of 6 weeks after the last of those meetings, the trustee is excused by the Trust for being absent from those meetings); or
(f)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
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(g)
becomes a temporary patient or a continued treatment patient within the meaning of the Mental Health Act 1958, a forensic patient within the meaning of the Mental Health Act 1983 or a protected person within the meaning of the Protected Estates Act 1983; or
(h)
is convicted in New South Wales of an offence which is punishable by penal servitude or imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Governor may remove a trustee from office at any
time.
(3) Without limiting the generality of subclause (2), the Governor may remove from office a trustee who contravenes the provisions of clause 7.
Filling of vacancy in office of trustee
6. If the office of any trustee becomes vacant, a person is, subject to this Schedule, to be appointed to fill the vacancy. Disclosure of pecuniary interests
7. (1) If*
(a) a trustee has a direct or indirect pecuniary interest in a matter being considered or about to be considered,
at a meeting of the Trust; and (b) the interest appears to raise a conflict with the proper performance of the trustee's duties in relation to the consideration of the matter,
the trustee is required, as soon as possible after the relevant facts have come to the trustee's knowledge, to disclose the nature of the interest at a meeting of the Trust.
(2) A disclosure by a trustee at a meeting of the Trust that the trustee:
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(a) is a member, or is in the employment, of a specified company or other body, or (b) is a partner, or is in the employment, of a specified person; or (c) has some other specified interest relating to a specified company or other body or a specified person, is sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause are to be recorded in a book kept for the purpose and that book is required to be open at all reasonable hours to the inspection of any person on payment of the fee determined by the trustees.
(4) After a trustee has disclosed the nature of an interest in any matter or thing, the trustee may not, unless the Minister or the other trustees otherwise determine:
(a)
be present during any deliberation of the Trust, or take part in any decision of the Trust, with respect to that matter, or
(b) exercise any function under this Act with respect to that thing. (5) For the purposes of the making of a determination of the trustees under subclause (4), a trustee who has a direct or indirect pecuniary interest in a matter to which the disclosure relates may not
(a) be present during any deliberation of the other
trustees for the purposes of making the determination; or
(b)
take part in the making by the other trustees of the determination.
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(6) A contravention of this clause does not invalidate any decision of the trustees or the exercise of any function under this Act
(7) This clause does not apply to or in respect of an interest of a trustee (being the provision of goods or services to the trustee by the Trust) if the goods or services are, or are to be, available to members of the public on the same terms and conditions.
(8) A reference in this clause:
(a)
to a meeting of the Trust includes a reference to a meeting of a committee of the Trust; and
(b)
to a trustee includes a reference to a member of such a committee.
Effect of certain other Acts
8. (1) The Public Sector Management Act 1988 does not
apply to or in respect of the appointment of a trustee and atrustee is not, as a trustee, subject to that Act (except Part 8).
(2) If by or under any other Act provision is made:
(a)
requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office; or
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of a trustee or from accepting and retaining any remuneration payable to the person under this Act as a trustee.
(3) The office of a trustee is not, for the purposes of any Act, an office or place of profit under the Crown.
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PART 2 - THE PROCEDURE OF THE
GEOLOGICAL AND MINING MUSEUM TRUST
General procedure
9. The procedure for the calling of meetings of the Trust and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Trust
Quorum
10. The quorum for a meeting of the Trust is 5 trustees.
Presiding trustee
11. (1) The Chairperson of the Trust or, in the absence of
the Chairperson, another trustee elected to chair the meeting
by the trustees present presides at a meeting of the Trust
(2) The person presiding at any meeting of the Trust has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
Voting
12. A decision supported by a majority of the votes cast at a meeting of the Trust at which a quorum is present is the decision of the Trust
Minutes
13. The Trust must cause full and accurate minutes to be kept of the proceedings of each meeting of the Trust.
The Director
14. The Director, if not a trustee:
(a)
is entitled to be heard by the Trust on any matter considered by the Trust and, unless the Trust otherwise directs, is entitled to be present at each meeting of the Trust; and
(b)
is an ex officio member of each committee of the Trust
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PART 3 - TRANSITIONAL PROVISIONS AND SAVINGS CONSEQUENT ON THE
ENACTMENT OF THE MINING (GEOLOGICAL
AND MINING MUSEUM) AMENDMENT ACT
1989
Definitions
15. In this Part
"appointed day" means the day on which section
169B commences;
"Museum" means the Geological and Mining Museum
originally established under the Mining Act 1906;
"the 1989 Act" means the Mining (Geological and
Mining Museum) Amendment Act 1989;
"Trust" means the Geological and Mining Museum
Trust constituted under section 169B;
"trustee" means a trustee referred to in section 169B.
First meeting of the Trust
16. The Minister may call the first meeting of the Trust on or after the appointed day in such manner as the Minister thinks fit
Vesting of property
17. (1) On the appointed day: (a)
the collections of specimens, equipment, photographic items, books, documents and other items and scientific data (wherever housed) that, immediately before that day, were:
(i)
used or maintained for the purposes of the Museum; and
(ii) vested in the Crown; and (iii)
subject to the control and direction of the Minister, and
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(b)
the stock and records of any shop conducted in connection with the Museum, which immediately before that day were:
(i) vested in the Crown; and (ii)
subject to the control and direction of the Minister, and
(c)
any display cases, equipment and materials used in connection with the collections, stock or records referred to in paragraph (a) or (b); and
(d)
all rights and interests in, and all control and management of, such collections, stock or records,
are vested in the Trust
(2) If any property, right or interest
(a) was, before the appointed day, acquired by the Crown for use in connection with, or for the purposes of, any of the collections referred to in subclause (1) by gift or by devise or bequest subject to a condition agreed to by the Crown; and (b) was held by the Crown for use in connection with any such collection immediately before the appointed day, the Trust is, on that day, to be taken to have agreed, under section 169E, to the condition subject to which the property,
right or interest was acquired. Claims and liabilities
18. On and from the appointed day.
(a)
all money and liquidated and unliquidated claims that immediately before the appointed day, was or were payable to or recoverable by the Crown in connection with the Museum is or are money and liquidated and unliquidated claims payable to or recoverable by the Trust; and
(b)
the Trust may, in addition to pursuing any other remedies or exercising any other powers that may be
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available to it, pursue the same remedies for the recovery of any such money or claims as the Crown might have done but for the enactment of the 1989 Act; and
(c)
the Trust is liable for all money and liquidated and unliquidated claims for which the Crown would have been liable but for the enactment of the 1989 Act
Regulations
19. (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the 1989 Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the 1989 Act or a later day.
(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 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.
SCHEDULE 2 - AMENDMENT OF OTHER ACTS
(Sec. 4)
Public Authorities (Financial Arrangements) Act 1987 No. 33:
Schedule 1 (Authorities):
Insert in alphabetical order the following words:
Geological and Mining Museum Trust
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Public Finance and Audit Act 1983 No. 152:
Schedule 2 (Statutory Bodies):
Insert in alphabetical order the following words:
Geological and Mining Museum Trust
[Minister's second reading speech made in -
Legislative Assembly on 12 September 1989
Legislative Council on 10 October 1989]
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