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Schedule 5

(Sections 48)

TRANSITIONAL PROVISIONS

1. Definitions

In this Schedule —

“Transferred function” means any function of the NWSC transferred to the Commission as a result of the amendments made to the Water and Sewerage Act;

“NSWC” means the National Water and Sewerage Commission which was established under section 36 of the Water and Sewerage Act prior to the commencement of this Act.

2. Rights, liabilities and agreements

(1) All rights, liabilities and obligations of the NWSC arising out of a transferred function shall become the rights, liabilities and obligations of the Commission.

(2) Any agreement entered into by or on behalf of, or undertaking given to or to any person on behalf of, the NWSC in connection with a transferred function shall have effect as if the Commission were the original party to it, and any reference in such agreement or undertaking to the NWSC shall be construed as a reference to the Commission.

3. Uncompleted matters

Nothing done by the NWSC under or in consequence of a transferred function shall be invalidated by the coming into force of this Act, and anything commenced by the NWSC under or in consequence of a transferred function may be carried on and completed by the Commission.

4. Consents

(1) Any licence or other permission granted by or on behalf of the NWSC under a transferred function shall be deemed to have been granted by or on behalf of the Commission on the date when it was in fact granted, issued made or given.

(2) Any condition, restriction or requirement imposed by the NWSC under a transferred function shall be deemed to have been imposed by or on behalf of the Commission on the date on which it was in fact imposed.

5. Pending and refused applications

(1) Any application made to the NWSC under any National Water and Sewerage Act, Cap. 9.03 in respect of a transferred function which has not been finally determined or withdrawn shall be deemed to have been made to the Commission on the date when it was in fact made.

(2) Any application which has been refused by the NWSC, or which has been granted by the NWSC subject to conditions under a transferred function, shall be deemed to have been refused or to have been granted subject to those conditions, as the case may be, by the Commission on the date on which it was in fact refused or granted subject to those conditions.

6. Actions and proceedings

Any actions, proceedings and any like matter commenced or pending by or against the NWSC in relation to a transferred function may be continued as if the Commission were instead a party to it.

7. Requirements and information

(1) Any requirement made by the NWSC for the purposes of a transferred function shall be deemed to be a requirement made by the Commission.

(2) Any information given or statement made to the NWSC and every document submitted to the NWSC shall be deemed to have been submitted to the Commission on the date when it was received by the NWSC.

(3) Any information passed to the Commission by the NWSC shall be held by the Commission on the same terms as it was held by the NWSC.

8. Records and registers

(1) Any register required to be established and maintained, and any other record or document required to be kept by the NWSC under a transferred function shall, on the transfer of that function —
1. (a) be delivered to the Commission; and
1. (b) be deemed to have been established, maintained or kept by the Commission.