Camperdown Cemetery (Amendment) Act 1950 (NSW)
CAMPERDOWN CEMETERY (AMENDMENT) ACT.
Act No. 15, 1950.
An Act to amend the Camperdown Cemetery Act, 1 48, in certain respects; and for purposes connected therewith. [Assented to, 9th May, 1950.]
lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis
Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Camperdown Cemetery (Amendment) Act, 1950".
(2) The Camperdown Cemetery Act, 1948, as amended by this Act, may be cited as the Camperdown Cemetery Act, 1948-1950.
(3) (a) This section and section three of this Act shall commence upon the day upon which His Majesty's assent to this Act is signified.
(b) Sections two and five of this Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
(c) Section four of this Act shall be deemed to have commenced on the first day of February, one thousand nine hundred and forty-nine.
(iii) 2. The Camperdown Cemetery Act, 1948, is amended— (a) (i) by omitting from subsection one of section four the words "and the said land shall be deemed to be a public park within the mean ing of the Public Parks Act, 1912";
(ii) by omitting subsection two of the same section;
(iii) by omitting from subsection three of the same section the words "trustees thereof" and by inserting in lieu thereof the word " T r u s t " ;
(iv) by omitting from the same subsection the words "said t rus tees" and by inserting in
lieu thereof the word " T r u s t " ; (v) by omitting from subsection eight of the same section the words "The trustees of the land described in the First Schedule to this Act appointed under the Public Parks Act, 1912, shall plant the said l and" and by inserting in lieu thereof the words "The Trust shall plant the land described in the First Schedule to this Ac t " ;
(vi) by omitting from the same subsection the words "they consider" and by inserting in lieu thereof the words " i t considers";
(b)
by inserting next after section four the following new sections:—
4A. (1) There shall be a Camperdown
Memorial Rest Park Trust (in this Act referred to as the " T r u s t " ) which shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed upon the Trust by or under this Act.
(2) (a) The Trust shall consist of seven
members appointed in the manner hereinafter
provided. (b) Two of the members shall be appointed by the Synod of the Diocese of Sydney or, when such Synod is in recess, by the Standing Committee of such Synod.
Upon the commencement of this section, the Eight Reverend William George Hilliard, Bishop Coadjutor, Diocese of Sydney, and Percy Walter Gledhill, Esquire, shall be deemed to have been appointed members of the Trust pursuant to this paragraph and shall, subject to this section, hold office accordingly.
(c)
(c) The other five members shall be
appointed by the Council of the City of Sydney.(3) A member shall be deemed to have
vacated his office if—
(a) he dies;
(b) he resigns his office; or
(c) in the case of a member appointed pursuant to paragraph (b) of subsec tion two of this section, he is removed from office by the Synod of the Diocese of Sydney or, when such Synod is in recess, by the Standing Committee of such Synod for any cause which to such Synod or Standing Committee, as the case may be, appears sufficient; or (d) in the case of a member appointed pursuant to paragraph (c) of the same subsection, he is removed from office by the Council of the City of Sydney for any cause which to such Council appears sufficient. (4) Four members shall, unless a greater number is fixed by by-law made by the Trust in that behalf, form a quorum and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Trust.
A decision of the majority of the members
present at a meeting shall be the decision of
the Trust. (5) The Trust shall be a body corporate under the name of the "Camperdown Memorial Rest Park T r u s t " with perpetual succession and a common seal, and may sue and be sued by that name in all courts whatsoever, and shall be capable of holding real and personal property. (6) No act or proceeding of the Trust shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced, there was a vacancy in the office of any member.
4B
4B. The Trust shall, for all purposes of this Act and of any by-law made by the Trust, be deemed to hold an estate in fee simple in the land described in the First Schedule to this Act, but shall not be capable of alienating, charging or in any way disposing of such land, or any part thereof.
4c. (1) The Trust may make by-laws—
(a) regulating its meetings and the conduct of business thereat; (b) for the protection of shrubs, trees, and herbage growing upon the land described in the First Schedule to this Act; (c) regulating the use and enjoyment of such land; and (d) for the removal of trespassers and other persons causing annoyance or inconvenience upon such land.
(2) The Trust may by such by-laws impose a penalty not exceeding ten pounds for any breach thereof.
(3) Such by-laws shall—
(a)
after approval by the Governor be published in the Gazette;
(b)
take effect from the date of publication or from a later date to be specified in the by-laws; and
(c) be laid before both Houses of Parlia ment within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.
If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the by-laws have been laid before such House disallowing any by-law or part thereof, such by-law or part shall thereupon cease to have effect.
(4)
(4) A copy of such by-laws shall be posted in some conspicuous place in such land.
4D. The Trust or any ranger or other officer appointed by it may call in the aid of the police for the removal, by force if necessary, of any person who is found committing a breach of any by-law, or who by disorderly or insulting conduct upon or in the immediate neighbourhood of the land described in the First Schedule to this Act, causes annoyance or inconvenience to persons being on the said land, or going to or coming from the same.
4E. (1) Proceedings for the recovery of any penalty imposed for the breach of any by-law made by the Trust, may be taken in a summary way before any stipendiary magistrate, or before any two justices at the court of petty sessions nearest to the place where the breach of such by-law was committed.
(2) The whole amount of all such penalties shall be paid to the Trust for the purposes of the trust upon which the land described in the Firs t Schedule to this Act is held.
(3) In any such proceedings, it shall be presumed that such by-laws were duly posted and published until the contrary be shown.
4F. The Council of the City of Sydney may, by agreement with the Trust, improve and
embellish the land described in the First Schedule to this Act or may, subject to such terms and conditions as the Council may impose, provide moneys to the Trust to be expended by
it on such improvement and embellishment.
3. The Camperdown Cemetery Act, 1948, is further amended by inserting next after section five the following new section:—
5A. Notwithstanding anything contained in this
Act, the Minister shall have power, on therecommendation of the Director-General of Public
Health,
Health, to cause any vault in the land described in the Second Schedule to this Act to be filled in for the purpose of preventing such vault from giving off drainage which in the opinion of the Director- General of Public Health is detrimental to public health.
4. The Camperdown Cemetery Act, 1948, is further amended by omitting the First and Second Schedules thereto and by inserting in lieu thereof the following Schedules:—-
F I R S T S C H E D U L E .
All t h a t piece or parcel of land con ta in ing 8 acres 14 perches be the same more or less s i tua ted in the P a r i s h of Pe t e r sham, County of Cumber land , Ci ty of Sydney, commencing a t t he j u n c t i o n of t h e south-eastern side of Federa t ion S t ree t wi th the south-western side of Church S t ree t and bounded thence, on the north-east , by Church S t r ee t bear ing 160 degrees 34 minu tes 40 seconds 210 feet 81/2 inches a n d thence 160 degrees 23 minu tes 49 feet 41/4 inches, on t he south eas t by a l ine bear ing 250 degrees 0 minu te s 15 seconds 571 feet 91 inches, aga in on the nor th-eas t by a l ine bear ing 160 degrees 20 m i n u t e s 357 feet 11 inches, general ly on the north-west by l ines bear i n g 70 degrees 5 minu tes 37 feet 1 inch, 160 degrees 5 minu tes 31 feet 43/4 inches, 70 degrees 5 minu te s 33 feet 51/2 inches, 340 degrees 5 m i n u t e s 31 feet 43/4 inches and thence 70 degrees 5 minu te s 368 feet 91 inches, again on the nor th-eas t by a l ine bear ing 159 degrees 37 minu te s , 103 feet 4 inches to Lennox Street , aga in on the south-east by Lennox St ree t bear ing 249 degrees 41 minu tes 653 feet 81/4 inches, on the south-west by the nor th-eas tern boundar ies of lots 11 to 31 bo th inclusive in Deposi ted P l a n 7 in all bea r ing 340 degrees 01 m i n u t e 698 feet 101 inches, and thence by l ines bear ing 70 degrees 28 minu te s 1 foot 31 inches and thence 340 degrees 01 m i n u t e 33 feet
21/2 inches to Fede ra t ion St ree t aforesaid, and aga in on the nor th-west
| by Federa t ion Street bear ing 70 degrees 28 minu te s 788 feet 61 |
inches to the point of commencement .
S E C O N D S C H E D U L E .
All t h a t piece or parcel of land con ta in ing 4 acres 3 roods 53/4 perches be the same more or less s i tua ted in t he P a r i s h of Pe t e r sham, County of Cumber land , Ci ty of Sydney, commencing on the south-western s ide of Church Street , a t t he most easterly corner of the area 8 acres 14 perches described in the F i r s t Schedule to th is Ac t and bounded thence on the nor th-eas t by Church S t ree t bear ing 160 degrees 23
| m i n u t e s 378 feet 93/4 inches, general ly on t he south-east by | l ines |
bea r ing
bear ing 250 degrees 3 minu te s 131 feet 11 inches, 339 degrees 37 minu te s 20 feet 11/2 inches, 250 degrees 5 minu te s 368 feet 93/4 inches 160 degrees 5 minu te s 31 feet 43/4 inches, 250 degrees 5 minu te s 33 feet S i inches, 340 degrees 5 minu te s 31 feet 43/4 inches and thence 250 degrees 5 m i n u t e s 37 feet 1 inch on the south-west by a l ine bea r ing 340 degrees 20 minu tes 357 feet 11 inches and on the north-west by a l ine bear ing 70 degrees 15 seconds 571 feet 91/4 inches to t h e p o i n t
of commencement . 5 . (1) The persons who, immediately before the commencement of this section, held office as trustees of the land described in the First Schedule to the Camper- down Cemetery Act, 1948-1950, are hereby removed from office.
(2) (a) All property which, immediately before the commencement of this section, was vested in or belonged to the trustees removed from office by sub section one of this section (in this section referred to as the "old trustees") and which was held by them as trustees of the Camperdown Memorial Rest Park (which property is in this section referred to as the " t rus t property") shall, upon such commencement, vest in and belong to the Camperdown Memorial Rest Park Trust, and shall be held by such Trust for the purpose of the trust upon which the land described in the First Schedule to the Camperdown Cemetery Act, 1948-1950, is held.
(b) All moneys, liquidated and unliquidated claims which, immediately before the commencement of this section, were payable to or recoverable by the old trustees in relation to the trust property shall be moneys, liquidated and unliquidated claims payable to and
Trust. Such Trust may pursue the same remedies for recoverable by the Camperdown Memorial Rest Park the recovery of such moneys and claims as the old trustees
might have done but for this Act.(c) All debts due and moneys payable by, and all claims, liquidated or unliquidated, recoverable against the old trustees solely relating to the trust property shall be debts due and moneys payable by and claims recoverable against the Camperdown Memorial Rest Park Trust.
DAIRY
0
0
0