Gore Hill Memorial Cemetery Act 1986 (NSW)

An Act to dedicate land at Gore Hill as an historic cemetery and to make provision with respect to the management of that land.

1Name of Act

This Act may be cited as the Gore Hill Memorial Cemetery Act 1986.

2Commencement(1)

Sections 1 and 2 shall commence on the date of assent to this Act.

(2)

Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

3Definitions

In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

historic cemetery means a cemetery, containing monuments of historic significance, that is closed to further burials.

monument means:

• (a)

  a monument, headstone or other surface structure, or

• (b)

  a vault.

the cemetery land means the land dedicated as an historic cemetery under section 5 (1).

trustees means the persons holding office as trustees of the cemetery land under Part 3B of the Crown Lands Consolidation Act 1913.

4

(Repealed)

5Dedication of the cemetery land(1)

The land described in Schedule 1 is dedicated as an historic cemetery under the name of “Gore Hill Memorial Cemetery”.

(2)

The cemetery land shall, for the purposes of the Crown Lands Consolidation Act 1913, be deemed to have been dedicated for a public purpose under section 24 of that Act.

6Transfer of assets, debts, liabilities etc

The provisions of section 37VV of the Crown Lands Consolidation Act 1913 apply in respect of the cemetery land as if the land were the same land as the land dedicated as a public park by section 5 (1) of the Gore Hill Cemetery Act 1974, as in force immediately before the commencement of this Act.

7Management of the cemetery(1)

Except as provided by this Act, the cemetery land shall be maintained by the trustees as an historic cemetery.

(2)

The trustees shall use property held by them relating to the care, control and management of the cemetery land for or towards maintaining the cemetery land as an historic cemetery.

8Burial registers and records

The trustees, or a nominee of the trustees, shall keep in safe custody any burial register and other records in respect of persons who are buried in or whose ashes have been placed in or on the cemetery land.

9Erection of memorials by Commonwealth War Graves Commission

The trustees may grant to the Commonwealth War Graves Commission the right to erect and maintain, in or on the cemetery land, a memorial to any person who is buried in or whose ashes have been placed in or on the cemetery land and over whose grave that Commission has provided or maintained a monument.

10Remains not to be disturbed(1)

The trustees or any person or body of persons shall take due care not to unearth or disturb:

• (a)

  the remains of any person who is buried in,

• (b)

  the ashes of any person which are contained in an article which has been placed in or on, or

• (c)

  any monument over the grave of or in respect of a person in or on,

the cemetery land.

(2)

If any such remains, articles or monuments are unearthed or disturbed the trustees shall cause the remains or articles to be reverently interred or the monument placed:

• (a)

  where practicable, in the original place of interment or erection in or on the cemetery land, or

• (b)

  elsewhere in or on the cemetery land.

11Placement of ashes(1)

The trustees may use the cemetery land, or permit it to be used, on such terms and conditions as the trustees may determine, for the purpose of the placement of ashes of any person.

(2)

(Repealed)

12Sexton’s dwelling(1)

The trustees may maintain the dwelling erected on the cemetery land at the commencement of this Act and may, from time to time, repair, rebuild or replace it.

(2)

The trustees may use the dwelling, or permit it to be used, for such purposes and subject to such terms and conditions as the Minister may approve in writing.

(3)

A reference in this section to the dwelling erected on the cemetery land at the commencement of this Act includes a reference to that dwelling as repaired, rebuilt or replaced from time to time under this section.

13No compensation payable

No compensation shall be payable to any person or body of persons in respect of the performance of anything authorised to be done by this Act.

14

(Repealed)

Schedule 1The cemetery land

(Section 5 (1))

Land situated in the Parish of Willoughby and County of Cumberland, consisting of about 5.07 hectares (excluding road), and being Lot 1118 in Deposited Plan 48218.