New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Waste Recycling and Processing
Corporation (Authorised Transaction)
Amendment Bill 2023
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Waste Recycling and Processing Corporation
(Authorised Transaction) Act 2010 No 8 3
Schedule 2 Amendment of other legislation 10
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2023
New South Wales
Waste Recycling and Processing
Corporation (Authorised Transaction)
Amendment Bill 2023
Act No , 2023
An Act to amend the Waste Recycling and Processing Corporation (Authorised Transaction) Act
2010 to enable the Waste Assets Management Corporation to manage legacy sites containing
contamination; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Waste Recycling and Processing Corporation (Authorised
Transaction) Amendment Act 2023.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010
No 8
Schedule 1 Amendment of Waste Recycling and Processing
Corporation (Authorised Transaction) Act 2010
No 8
[1] Section 1 Name of Act
Omit "Waste Recycling and Processing Corporation (Authorised Transaction)".
Insert instead "Waste Assets Management Corporation".
[2] Section 3
Omit the section. Insert instead--
3 Definitions
The dictionary in Schedule 1, clause 1 defines words used in this Act.
Note-- The Interpretation Act 1987 contains definitions and other provisions that affect
the interpretation and application of this Act.
[3] Part 1A
Insert after Part 1--
Part 1A Waste Assets Management Corporation
Division 1 Constitution of WAMC
3B Functions of WAMC
(1) The WAMC has the following functions--
(a) to acquire, control and manage contaminated land if, in the Chief
Executive's opinion, the land presents a risk of harm to human health or
the environment,
(b) to provide services and do other things for the following purposes in
relation to contaminated land acquired, controlled or managed under
paragraph (a)--
(i) the remediation of the land,
(ii) the use or development of the land,
(iii) activities that relate to or are incidental to the management, use
or development of the land.
Examples--
1 using the land for landfill operations before the land is remediated
2 following remediation of the land, using the land for use as a public
recreation facility until the land is sold to another person
(c) to enter into arrangements with a person or body in connection with its
other functions, including arrangements for third parties to carry out
development for the WAMC on land owned by the WAMC,
(d) functions conferred on the WAMC by this Act or another Act,
(e) functions supplementary or incidental to the exercise of its other
functions, including the following--
(i) entering contracts or arrangements,
(ii) charging fees for services,
Page 3
Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010
No 8
(iii) conducting business, for example, generation of renewable
energy or creation and sale of carbon credits or biodiversity
credits,
(f) other prescribed functions in relation to land owned or managed by the
WAMC.
(2) In carrying out development on contaminated land, the Chief Executive must
be satisfied the development will--
(a) prevent further contamination of the land, or
(b) be compatible with action taken to mitigate or minimise the risk of harm
to human health or the environment presented by contaminants on the
land.
Division 2 Dealings with land
3D Acquisition of land
The WAMC may, for this Act, acquire land or other property, or an interest in
land or other property--
(a) by agreement, or
(b) in accordance with section 3F.
3E Transfer of land to WAMC
(1) The Minister may, by order published in the Gazette, transfer land comprising,
wholly or in part, contaminated land--
(a) from the State or a government agency to the WAMC, or
(b) from a council to the WAMC.
(2) The Minister may transfer land under subsection (1) only if--
(a) both parties to the transfer have consented to the transfer, and
(b) the Treasurer has approved the transfer or the transfer is in accordance
with a Treasurer's direction under the Government Sector Finance Act
2018.
(3) On the day the order is published in the Gazette (the transfer day), the land
vests in the WAMC for an estate in fee simple--
(a) without the need for further conveyance, transfer, assignment or
assurance, and
(b) subject to the trusts, estates, interests, dedications, conditions,
restrictions and covenants to which the land was subject immediately
before the day the order is published.
(4) On the transfer day, the following provisions have effect--
(a) the rights or liabilities of the transferor in relation to the land become
the rights or liabilities of the WAMC,
(b) all proceedings relating to the land commenced before the transfer day
by or against the transferor and pending immediately before the transfer
day are taken to be proceedings pending by or against the WAMC,
(c) an act, matter or thing done or omitted to be done in relation to the land
before the transfer day by, to or in relation to the transferor is, to the
extent to which the act, matter or thing has force or effect, taken to have
been done or omitted to be done by, to or in relation to the WAMC,
Page 4
Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010
No 8
(d) a reference in an Act, in an instrument made under an Act or in a
document to the transferor is, to the extent it relates to the land or the
rights or liabilities, to be read as, or as including, a reference to the
WAMC.
3F Transfer of land from WAMC
(1) The WAMC may, by written notice, advise the Minister that certain land is no
longer required to be owned or managed by the WAMC for risks to human
health or the environment to be properly managed in relation to the land.
(2) The Minister may, by order published in the Gazette, transfer the land
specified in the order from the WAMC to--
(a) for land transferred to the WAMC from the State or a government
agency--the State, the government agency or, with the agreement of
both parties to the transfer, another government agency, or
(b) for land transferred to the WAMC from a council--the council.
(3) On the day the order is published in the Gazette (the transfer day), the land
vests in the transferee for an estate in fee simple--
(a) without the need for further conveyance, transfer, assignment or
assurance, and
(b) subject to the trusts, estates, interests, dedications, conditions,
restrictions and covenants to which the land was subject immediately
before the day the order is published.
(4) On the transfer day, the following provisions have effect--
(a) the rights or liabilities of the WAMC in relation to the land become the
rights or liabilities of the transferee,
(b) all proceedings relating to the land commenced before the transfer day
by or against the WAMC and pending immediately before the transfer
day are taken to be proceedings pending by or against the transferee,
(c) an act, matter or thing done or omitted to be done in relation to the land
before the transfer day by, to or in relation to the WAMC is, to the extent
to which the act, matter or thing has force or effect, taken to have been
done or omitted to be done by, to or in relation to the transferee,
(d) a reference in an Act, in an instrument made under an Act or in a
document to the WAMC is, to the extent it relates to the land or the
rights or liabilities, to be read as, or as including, a reference to the
transferee.
3G Effect of transfer of land under this part
(1) Land may be transferred under this part despite a requirement of another Act
or law that relates to dealing with or disposing of the land.
(2) No compensation is payable to a person or body in connection with the
operation of this section.
(3) The operation of this section must not be regarded as--
(a) a breach of contract or confidence or otherwise as a civil wrong, or
(b) a breach of a contractual provision prohibiting, restricting or regulating
the assignment or transfer of assets, rights or liabilities, or
(c) giving rise to a remedy by a party to an instrument, or causing or
permitting the termination of an instrument, because of a change in the
beneficial or legal ownership of an asset, right or liability.
Page 5
Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010
No 8
(4) Duty under the Duties Act 1997 is not chargeable for or in relation to--
(a) a vesting or transfer of land effected under this section or in accordance
with arrangements entered into under this Act, or
(b) anything certified by the Minister as having been done in consequence
of the vesting or transfer or under the arrangements.
3H Sale of land by WAMC
The WAMC may, with the consent of the Minister, sell or exchange land
owned by the WAMC, including by disposing of a fee simple estate in the
land.
3I Requirement to report about acquisitions and disposal of land
(1) The WAMC must, within 2 months after the end of each reporting period, give
the Minister a report about the following--
(a) land acquired, or disposed of, by the WAMC in the reporting period,
including land bought, sold, exchanged or otherwise transferred to or
from the WAMC,
(b) if the WAMC disposed of land to a person other than the State, a
government agency or a council within the reporting period--the reason
for the decision to dispose of the land to that person.
(2) The Minister must, within 5 sitting days after being given a report under
subsection (1), provide the report to the Presiding Officer of each House of
Parliament.
(3) A report provided to the Presiding Officer of a House of Parliament under
subsection (2) must be laid before that House within 5 sitting days of that
House after it is received by the Presiding Officer.
(4) In this section--
reporting period means the following periods--
(a) the period starting on 1 January in a year and ending on 30 June in that
year,
(b) the period starting on 1 July in a year and ending on 31 December in that
year.
[4] Section 7 WAMC Landfill Rehabilitation Fund
Omit "Minister for Finance, Services and Property" from section 7(1), (3)(a) and (b), (4)
and (7).
Insert instead "Minister".
[5] Section 7, as amended by item [4]
Renumber as section 3C and transfer after section 3B, as inserted by item [3].
[6] Section 16 Waste Assets Management Corporation
Omit "Minister for Finance, Services and Property" from section 16(2).
Insert instead "Minister".
[7] Section 16(3)
Omit the subsection.
Page 6
Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010
No 8
[8] Section 16, as amended by items [6] and [7]
Renumber as section 3A and transfer before section 3B, as inserted by item [3].
[9] Section 20 Delegation
Omit section 20(2). Insert instead--
(2) The Minister may delegate to the following any function of the Minister under
this Act, except this power of delegation--
(a) an officer of the Department in which this Act is administered,
(b) another officer of a government sector agency.
[10] Section 29 Savings and transitional regulations
Omit the section.
[11] Schedule 1 Interpretative provisions
Omit clause 1, heading.
Insert instead--
1 Dictionary
[12] Schedule 1, clause 1
Omit the definitions of authorised transaction, Waste Assets Management Corporation,
WSN and WSN assets.
Insert in alphabetical order--
authorised transaction means the transfer of WSN assets authorised by Part 2.
contaminated land means--
(a) land that is contaminated within the meaning of the Contaminated Land
Management Act 1997, or
(b) land subject to a licence or notice issued under the Protection of the
Environment Operations Act 1997, or
(c) land subject to ongoing management or maintenance to mitigate or
minimise the risks to human health and the environment presented by
the contamination of the land, or
(d) land adjacent to or adjoining land referred to in paragraph (a) or (b) on
which it is reasonably necessary to carry out works--
(i) to contain or prevent further contamination, or
(ii) to mitigate the risks of contamination, or
(iii) to establish a buffer around the land to manage the risks to human
health and the environment in relation to the land.
contamination has the same meaning as in the Contaminated Land
Management Act 1997, section 5.
WAMC or the Corporation means the Waste Assets Management Corporation
constituted by section 3A.
WSN means the Waste Recycling and Processing Corporation constituted by
the Waste Recycling and Processing Corporation Act 2001.
WSN assets means assets, rights and liabilities of WSN.
Page 7
Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010
No 8
[13] Schedule 5 Waste Assets Management Corporation
Omit "Minister for Finance, Services and Property" wherever occurring in clauses 3(3) and
5(2).
Insert instead "Minister".
[14] Schedule 5, clause 5(3)
Omit the subclause.
[15] Schedule 5, clause 6
Omit "Treasurer". Insert instead "Minister".
[16] Schedule 6
Insert after Schedule 5--
Schedule 6 Savings and transitional provisions
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature
consequent on the commencement of--
(a) a provision of this Act, or
(b) a provision amending this Act.
(2) A savings or transitional provision consequent on the commencement of a
provision must not be made more than 2 years after the commencement.
(3) A savings or transitional provision made consequent on the commencement of
a provision is repealed 2 years after the commencement.
(4) A savings or transitional provision made consequent on the commencement of
a provision may take effect before the commencement but not before--
(a) for a provision of this Act--the date of assent to this Act, or
(b) for a provision amending this Act--the date of assent to the amending
Act.
(5) A savings or transitional provision taking effect before its publication on the
NSW legislation website does not--
(a) affect the rights of a person existing before the publication in a way
prejudicial to the person, or
(b) impose liabilities on a person for anything done or omitted to be done
before the publication.
(6) In this section--
person does not include the State or an authority of the State.
Page 8
Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010
No 8
Part 2 Provisions consequent on Waste Recycling and
Processing Corporation (Authorised Transaction)
Amendment Act 2023
2 Definition
In this part--
amendment Act means the Waste Recycling and Processing Corporation
(Authorised Transaction) Amendment Act 2023.
3 References to Waste Recycling and Processing Corporation (Authorised
Transaction) Act 2010
On the commencement of the amendment Act, Schedule 1[1], a reference in
an Act, instrument or other document to the Waste Recycling and Processing
Corporation (Authorised Transaction) Act 2010 is taken to include a reference
to the Waste Assets Management Corporation Act 2010.
4 Treasurer may declare completion of authorised transaction
(1) The Treasurer may, by order published in the Gazette, declare the completion
of the authorised transaction on a specified day.
(2) On the specified day, the authorised transaction provisions are repealed.
(3) In this section--
authorised transaction provisions means the following--
(a) Parts 2 and 3, as amended by the amendment Act,
(b) sections 19 and 21-27,
(c) Schedule 1, clauses 2 and 3,
(d) Schedules 2-4,
(e) Schedule 5, clause 5.
Page 9
Waste Recycling and Processing Corporation (Authorised Transaction) Amendment Bill 2023 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation
2.1 Electricity Network Assets (Authorised Transactions) Act 2015 No 5
[1] Schedule 7 Savings, transitional and other provisions
Omit "Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010"
from clause 8, definition of authorised transaction Act.
[2] Schedule 7, clause 8
Omit "Waste Assets Management Corporation established by the Waste Recycling and
Processing Corporation (Authorised Transaction) Act 2010" from the definition of existing
MHC.
2.2 Environmentally Hazardous Chemicals Act 1985 No 14
Schedule 1 Provisions relating to the Committee
Omit "Waste Recycling and Processing Corporation" from clause 2(f).
Insert instead "Waste Assets Management Corporation".
2.3 Land and Environment Court Act 1979 No 204
Section 20 Class 4--environmental planning and protection, development contract
and strata renewal plan civil enforcement
Omit "Waste Recycling and Processing Corporation Act 2001" from section 20(3)(a).
Insert instead "Waste Assets Management Corporation Act 2010".
2.4 Subordinate Legislation Act 1989 No 146
Schedule 4 Excluded instruments
Omit item 34.
Page 10
[Index] [Search] [Download] [Related Items] [Help]