Document ID: chunk:federal_register_of_legislation:C2021C00504:clause:2_9
Version: federal_register_of_legislation:C2021C00504
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 28038–29540

9  Rights and liabilities of persons
(1) Subject to subitems (3) and (4), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if each pre‑commencement GBRMPA instrument had always been valid.
(2) Without limiting the effect of subitem (1):
 (a) all persons are, by force of this item, declared to be, and always to have been, entitled to act on the basis that other persons had, and have, the rights and liabilities as declared by subitem (1); and
 (b) a right or liability that a person is declared by subitem (1) to have, or to have had:
 (i) is exercisable or enforceable; and
 (ii) is to be regarded as always having been exercisable or enforceable;
  as if each pre‑commencement GBRMPA instrument had always been valid; and
 (c) the rights and liabilities that a person is declared by subitem (1) to have, or to have had, include any right the person would have or have had to appeal, or to seek review of, an affected order, if each pre‑commencement GBRMPA instrument had always been valid.

Effect on proceedings
(3) This item does not affect rights or liabilities of parties to proceedings for which leave to appeal to the High Court has been given on or before the day this Part commences, to the extent that the fact a pre‑commencement GBRMPA instrument was not valid is in issue in the proceedings.
(4) Nothing in this item is intended to affect the jurisdiction of the High Court under section 75 of the Constitution.