Aboriginal Lands Amendment (Wybalenna) Act 1999 (TAS)

Aboriginal Lands Amendment (Wybalenna) Act 1999

An Act to amend the Aboriginal Lands Act 1995

[Royal Assent 12 April 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Aboriginal Lands Amendment (Wybalenna) Act 1999 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Aboriginal Lands Act 1995 is referred to as the Principal Act. 4Section 27 amended (Land vested in Council) Section 27 of the Principal Act is amended by inserting after subsection (7) the following subsections: (7A)  There is to be reserved to the public at all times over the land referred to in item 13 of Schedule 3 a right of access as specified in Plan 4807 in the Central Plan Register. (7B)  There is to be reserved to the public during daylight hours access over the land shown as lot 3 in Plan 4807 in the Central Plan Register. 5Section 37A insertedAfter section 37 of the Principal Act , the following section is inserted in Part 4: 37ASettlement Point cemetery (1)  The Council has the control and management of the Settlement Point cemetery shown on Plan 4806 in the Central Plan Register. (2)  A person may, within 12 months from the commencement of the Aboriginal Lands Amendment (Wybalenna) Act 1999 , apply to the Council for an exclusive right of burial for 20 years in the unallocated plots in that portion of the Settlement Point cemetery shown bounded by heavy black lines on Plan 4806. (3)  The Council may grant an exclusive right of burial for 20 years to any person who makes an application under subsection (2) and pays to the Council the relevant fee. (4)  An exclusive right granted under subsection (3) entitles the grantee to be buried in the portion of the cemetery to which the right of burial relates. (5)  On receipt of an application and on payment to it of the relevant fee, the Council may extend the period of the exclusive right of burial for such further period, not exceeding 20 years, as it may determine. (6)  At the expiration of a period of 12 months from the commencement of the Aboriginal Lands Amendment (Wybalenna) Act 1999 , the Council may close the cemetery to burial, other than burials which are carried out pursuant to an exclusive right of burial granted before the closure of the cemetery. (7)  In this section, relevant fee means the fee prescribed by the Council pursuant to the regulations made under this Act. 6Section 41 amended (Regulations) Section 41 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: (2)  Without limiting subsection (1) , the regulations may make provision for or with respect to – (a) the election of members of the Council; and (b) the conduct, control and management by the Council of the Settlement Point cemetery shown on Plan 4806 in the Central Plan Register. 7Schedule 3 amended (Land vested in the Council) Schedule 3 to the Principal Act is amended by inserting after

12 Cape Barren Island (part) 3486

13 Wybalenna 4807

8Schedule 4 amended (Statutory Rules) Schedule 4 to the Principal Act is amended by inserting after

6 Risdon Cove Intended new line of part of East Derwent Highway 1983, No. 14

7 Wybalenna State Reserve (Historic Site) 1979, No. 270

9Local Government (Building and Miscellaneous Provisions) Act 1993 amended Section 124 of the Local Government (Building and Miscellaneous Provisions) Act 1993 is repealed and the following section is substituted: 124Non-application of Part 4 This Part does not apply to – (a) any cemetery under the control of the Southern Regional Cemetery Trust except as provided in the Southern Regional Cemetery Act 1981 ; and (b) the Settlement Point cemetery shown on Plan 4806 in the Central Plan Register.

[Second reading presentation speech made in:

House of Assembly on 18 MARCH 1999

Legislative Council on 30 MARCH 1999]