Gympie Cemetery Act of 1965 (Qld)

Q 11cP115Ia 11L^ ANNO QU'ART' ) DECIMO ELIZABETHAE SELL--l" :- ( iv No. 25 of 1965 An Act to Provide for the Conversion to a Public Park and Garden of a certain Disused Cemetery at Gympie [ASSENTID To 29TH APRIL, 19651 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as " The Gympie Cemetery Act of 1965." 2. Meaning of terms . In this Act unless the context otherwise indicates or requires the following terms have the meaning respectively assigned to them, that is to sav " Gvmpie City Council "-The Council for the Local Authority Area of the City of Gvmpie; " Minister "-the Minister for Lands or other Minister for the time being charged with the administration of this Act. The Term includes any Minister performing temporarily the dutie' the Minister aaministenng this Act, " Said land "-The 'land described in the Schedule to this Act.

260 Gympie Cemetery Act c;t` 1965. A' o. 25 .3. Termination of existing cemetery trust . On and from the date of the passing and by virtue of this Act-- (a) the land described in the Schedule to this Act shall be absolutely freed and discharged from the trust upon and subject to which such land was heretofore reserved and set apart and placed under the control of trustees, and shall become and be Crown land (b) the persons who at such date were the trustees of the said land shall cease to be the trustees thereof and be freed and discharged from any duties, liabilities or obligations existing immediately before such date in respect of or in relation to the said land: and (c) any estate or interest in the said land which, immediately before such date, was vested in or held by any person is hereby divested. 4. Register of interments . (1) The Minister shall cause to be made a register of interments in the said land. (2) Such register shall contain the names of the persons interred in the said land so far as such names can be ascertained by inspection of surface structures and remains of surface structures on the said land and b^ inquiry as the Minister deems reasonable. The register shall contain such additional information concerning the identity of the persons whose names are registered therein as has been ascertained upon inspections and inquiry as aforesaid and the information required to be contained therein by section nine of this Act. ta) Such register shall be made in triplicate. i i A copy thereof shall be deposited and kept i u the records of the Department of Lands in Brisbane. c l A copy thereof shall be deposited and kept in the Oxie, Memorial Ltbrar,. (d) .A cop, thereof shall be deposited and kept in the records of the Gympie Ca' Council at its office in Gympie and shall be open for inspection by any interested person at an, time when such office is open for the transaction of business. ti. Memorial. (1 1 The Minister shall cause to be erected on the said land a substantial and permanent memorial whereon there shall be exhibited a statement that the said land was formerly a cemetery and that a register of interments therein mas be inspected at the office of the Gympie Cite Council. (2) The Gympie City Council shall at all times maintain such memorial and the statement exhibited thereon in good and substantial repair. 6. Removal of monuments . &c. The Minister shall cause all monuments. headstones and other surface structures and remains thereof on the said land to be removed therefrom. Subject to any monument or headstone so removed being in a state of reasonable preservation it shai! be placed in the cemerer\ at Gympie known as the Two-mile Cenieter% and more part, ular?\ described as Reserve for Cemeter R 25f.

Glmpre Cemetery Act of 1965, No. 25 26 7. Development as public park and garden. Having regard to the extent to which the said land is neglected as at the date of the passing of this Act by reason that the trustees from whom the said land has been divested by this Act were unable to maintain it as a cemetery, subject to this Act the Minister may cause the said land to be developed as a public park and garden. 8. Public notification . At least three months before the Minister, in pursuance of his power under this Act, causes any monument. headstone or other surface structure or the remains of any such thing to be removed from the said land, he shall publish on:e in each month for three consecutive months in a newspaper published in Gympie and in a newspaper published in Brisbane a notice describing the said land so as to identify it and stating it is to be converted to a public park and garden and setting out the rights and conditions of removal of human remains and surface structures as provided by this Act. 9. Re-interments . (1) Upon the application of a relative of any deceased person interred in the said land made in writing within three months after the date of the last publication of the notice specified in section eight of this Act the Minister shall cause to be exhumed the remains of such deceased person (so far as in the opinion of the Minister such remains can by reasonable diligence be discovered), and remove the same together with any monument or headstone of such deceased person to the cemetery specified in section six of this Act, and shall there cause such remains to be re-interred in such situation as may be desired by such relative. The Minister shall cause to be provided such plain casket as may be necessary for the decent re-interment of such remains. The Minister shall cause any monument or headstone of the deceased removed as aforesaid to be re-erected at the site of re-interment of his remains: Provided that a relative of any such deceased person may at his own expense remove the remains of such deceased person, together with any monument or tombstone, to any cemetery. (2) The register of interments required by section four of this Act shall contain a record of- (a) the names of the deceased persons whose remains are re-interred pursuant to this section; (b) the names of the relatives by whom or on whose applications re-interments are effected; and (c) the places of re-interments. 10. Cost of executing Act. For the purpose of defraying the cost of developing and improving the said land as a public park and garden and of re-interments and the removal from the said land of monuments. headstones and other surface structures and the remains of such things and otherwise in the execution of this Act the Minister, with the approval of the Governor in Council, may sell, lease or deal with otherwise under and in any manner provided by " The Land Acts, 1962 to 1964." any part or parcel of the said land. In the exercise of his powers under this section the Minister shall not sell, lease or dispose otherwise of more of the said land than is necessary. in his opinion, to defray the aggregate of the aforementioned costs and of the expenditure incurred in preparing for sale, lease or disposal otherwise of the parts or parcels in question of the said land.

262 Gympie Cemeter y Act of 1965, No. 25 11. Reservation as public park and garden . Upon the completion of the development and improvement as a public park and garden, to the satisfaction of the Minister, of so much of the said land as has not been dealt with as provided by section ten of this Act, the part of the said land so developed and improved shall be reserved and set apart under " The Land Acts, 1962 to 1964," as a public park and garden. SCHEDULE All that parcel of land situate in the county of March, parish of Gympie, town of Gympie, having an area of 16 acres 2 roods 9.3 perches and contained within the boundaries described hereunder. Commencing at the south corner of section 3, and bounded thence by that section north-easterly to portion 57, by that portion, a road and Miner's Homestead Perpetual Lease 6503 south-easterly, by that miner's homestead perpetual lease north-easterly to its east corner, by Tozer Park Road south-easterly nine chains eighty-seven and eight-tenths links, by a road south-westerly eleven chains ninety-nine and nine-tenths links; and by Station Road and Black Street north-westerly fifteen chains three and three-tenths links to the point of commencement; -beins portion 143 (R. 361, Cemetery Reserve) as shown on plan Cat. No. G147-122 deposited in the Survey Office, Lands Department.