together with any liabilities or obligations attaching to them, shall be transferred to the Agency
with effect from such date as the Minister may specify.
(3) On the relevant transfer date, every asset and right of the State which the Minister has
directed shall be transferred to the Agency, together with any liability or obligation attaching to
it, shall vest in the Agency.
(4) All bonds, hypothecations, deeds, contracts, instruments, documents and working
arrangements which subsisted immediately before the relevant transfer date in relation to any asset,
right, liability or obligation transferred to the Agency under this section and to which the State was
a party shall, on and after that date, be as fully effective and enforceable against or in favour of the
Agency as if, instead of the State, the Agency had been named therein.
(5) It shall not be necessary for the Registrar of Deeds to make any endorsement on title
deeds or other documents or in his registers in respect of any immovable property, right or
obligation which passes to the Agency under this section, but the Registrar of Deeds, when so
requested in writing by the Agency in relation to any particular such property, right or obligation,
shall cause the name of the Agency to be substituted, free of charge, for that of the State on the
appropriate title deed or other document or in the appropriate register.
(6) Any cause of action or proceeding which existed or was pending by or against the State
immediately before the relevant transfer date in respect of any asset, right, liability or obligation
which passes to the Agency under this section, may be enforced or continued, as the case may be,
by or against the Agency in the same way that it might have been enforced or continued, as the case
may be, by or against the State had this Act not been passed.
(7) Subsection (6) shall not apply to any cause of action or proceedings existing or pending
immediately before the relevant transfer date between the State and a person employed by the
State.
(8) Subject to the consent of the employees concerned, the Agency shall engage such of the
persons who were employed in different departments dealing with environmental issues on the
date of commencement of this Act as the Minister and the Agency may mutually agree.
(9) Persons engaged in terms of subsection (8) shall be employed on such terms and
conditions as may be fixed by the Agency with the agreement of the persons concerned and after
consultation with the Minister.
(10) Persons referred to in subsections (8) and (9) who are transferred from the Public
Service to the employment of the Agency shall be permitted to continue contributing in terms of
the Public Service (Pensions) Regulations, 1992 (Statutory Instrument 124 of 1992), or any
other enactment in terms of which they were contributing towards a pension immediately before
their transfer, subject to such terms and conditions as the Board, in consultation with the
Minister, may fix.
(11) Notwithstanding any other provision of this Act, a person who⎯
(a) as a member of the Public Service, was afforded an opportunity of engagement by the
Agency in terms of subsection (8) and declined to avail himself of the opportunity; and
(b) subsequently left the Public Service and as a consequence became entitled to pension
benefits in respect of the abolition of his post;
shall not be engaged in any capacity by the Board for a period of ten years from the date on
which he left the Public Service, unless the Minister and the Public Service Commission
consent to his engagement.
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