Public Corporations (Land Management Corporation) (Dissolution and Revocation) Regulations 2012 (SA)

South Australia

Public Corporations (Land Management Corporation) (Dissolution and Revocation) Regulations 2012

under the Public Corporations Act 1993

Contents

1            Short title

2            Commencement

3            Dissolution of Land Management Corporation

4            Transfer of assets and liabilities of Land Management Corporation

Schedule 1—Revocation of Public Corporations (Land Management Corporation) Regulations 1997

1—Short title

These regulations may be cited as the Public Corporations (Land Management Corporation) (Dissolution and Revocation) Regulations 2012.

2—Commencement

These regulations will come into operation on 1 March 2012.

3—Dissolution of Land Management Corporation

The Land Management Corporation, established by the Public Corporations (Land Management Corporation) Regulations 1997, is dissolved.

4—Transfer of assets and liabilities of Land Management Corporation

1. The assets, rights and liabilities of the Land Management Corporation immediately before its dissolution are vested in and attached to the Urban Renewal Authority established by the Housing and Urban Development (Administrative Arrangements) (Urban Renewal Authority) Regulations 2012 as a statutory corporation under the Housing and Urban Development (Administrative Arrangements) Act 1995.

2. The Registrar‑General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this regulation, register or record in an appropriate manner a transfer and vesting under this regulation.

3. The Minister may, by notice in the Gazette, declare that a reference in an Act, instrument, contract, agreement or other document to the Land Management Corporation will have effect as if it were a reference to the Minister, or to a body specified by the Minister in the notice.

4. The following provisions apply in connection with the operation of subregulation (1):

   (a)nothing in that subregulation—

   (i)constitutes a breach of, or default under, an Act or other law; or

   (ii)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

   (iii)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or

   (iv)constitutes a civil or criminal wrong; or

   (v)terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

   (vi)releases a surety or other obligee wholly or in part from an obligation;

   (b)that subregulation will have effect despite the terms of any contract, agreement, understanding or undertaking and without the need for any other act or consent.

Schedule 1—Revocation of Public Corporations (Land Management Corporation) Regulations 1997

The Public Corporations (Land Management Corporation) Regulations 1997 are revoked.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 23 February 2012

No 10 of 2012

DPC12/0003CS