Busselton Cemetery Act 1944 (WA)

Western Australia

Busselton Cemetery Act 1944

This Act was repealed by the Statutes (Repeals) Act 2014 s. 3 (No. 32 of 2014) as at 4 Dec 2014 (see s. 2(b)).

Western Australia

Busselton Cemetery Act 1944 Contents[if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \t &#34;Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9&#34; \t &#34;nHeading 2,2,nHeading 3,8&#34; \n &#34;2-7&#34; \w \* MERGEFORMAT <span style='mso-element:field-separator'></span><![endif] — Short title2 — Land revested in His Majesty3 — Lands revested to be deemed to be a disused burial ground and to be placed under the control of the Shire of BusseltonSchedule — Cemetery landNotesCompilation table —

Western Australia

Busselton Cemetery Act 1944

Busselton Cemetery Act 1944

An Act to revest certain lands in His Majesty and for other purposes relative thereto.

Preamble

Whereas the lands described in, the first and second columns of the Schedule are vested in the persons as set out in the third column of the said Schedule for the purposes set out in the fourth column of the said Schedule; and whereas the said lands have not for some time past been required or used for the said purposes and it is therefore deemed expedient to revest the said lands in His Majesty and to make other provision in relation thereto:

Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: — 

1.Short title

This Act may be cited as the Busselton Cemetery Act 1944 1.

2.Land revested in His Majesty

From and after, the commencement of this Act all rights of property which may have at any time been vested by statute or otherwise in the persons or corporations mentioned in the third column of the Schedule or in any other person or persons or corporation whatsoever in any part of the lands described in the first and second columns of the said Schedule shall absolutely cease and determine, and the whole of the said lands and all the right and title in law or in equity thereto shall be and the same are hereby vested in His Majesty, freed and released from all and every trusts or trust affecting the same.

3.Lands revested to be deemed to be a disused burial ground and to be placed under the control of the Shire of Busselton

• (1)

  Notwithstanding that the said lands shall have become vested in His Majesty as aforesaid, the said lands shall be deemed to be and continue a disused burial ground within the meaning and for the purposes of the Cemeteries Act Amendment Act 1902, but instead of being vested in trustees under the provisions of that Act, shall be placed under the management and control of the Shire of Busselton as a board appointed under the provisions of the Parks and Reserves Act 1895, which shall manage and control the said lands as a disused burial ground as aforesaid.

• (2)

  The Shire of Busselton as such board aforesaid shall not be deemed to have any vested estate or interest in the said lands, but otherwise shall have in respect to the said lands all the rights, powers, authorities, duties and obligations of the trustees of a disused burial ground which has been vested in such trustees under the provisions of the said Cemeteries Act Amendment Act 1902.

[Section 3 amended by No. 14 of 1996 s. 4; No. 19 of 2010 s. 51.]

Schedule — Cemetery land

[s. 2]

[Heading amended by No. 19 of 2010 s. 4.]

Land.	Reference.	Proprietors.	Purpose of Grant.
Busselton Suburban Lot C.	Registry of Deeds enrolment No. 2597 and memorial registered in Book XV., No. 641	Granted to the Right Reverend Father in God, Mathew Blagden Hale, Lord Bishop of Perth, but now vested in the Diocesan Trustees of Bunbury, Incorporated	Cemetery.
Busselton Suburban Lot C1.	Registry of Deeds enrolment No. 2611	Granted to the Reverend Martin Griver, a Roman Catholic Chaplain, but now vested in the Roman Catholic Archbishop of Perth	Cemetery.

Notes

1         This is a compilation of the Busselton Cemetery Act 1944 and includes the amendments made by the other written laws referred to in the following table.   The table also contains information about any reprint.

Compilation table

Short title	Number and year		Assent		Commencement
Busselton Cemetery Act 1944	19 of 1944		23 Dec 1944		23 Dec 1944
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996		28 Jun 1996		1 Jul 1996 (see s. 2)
Reprint 1: The Busselton Cemetery Act 1944 as at 14 Feb 2003 (includes amendments listed above)
Standardisation of Formatting Act 2010 s. 4 and 51		19 of 2010		28 Jun 2010		11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
This Act was repealed by the Statutes (Repeals) Act 2014 s. 3 (No. 32 of 2014) as at 4 Dec 2014 (see s. 2(b))