Overview

The Norfolk Island Sellheim Grave Act 1934 was enacted by the Norfolk Island Government to address the need for the proper maintenance and upkeep of the grave of Major-General Victor Conradsdorf Morisset Sellheim, C.B., C.M.G., located in Kingston on Norfolk Island. This Act was introduced to ensure that the grave receives the necessary care and preservation, reflecting the significance of Major-General Sellheim's contributions. The policy objective of the Act is to establish a legal framework that mandates the Administration to be responsible for the maintenance and care of the grave, thereby preserving it for future generations. The Act commenced on the day of its notification in the Commonwealth of Australia Gazette, highlighting the importance placed on the immediate implementation of this responsibility.

Scope and Application

The Sellheim Grave Act 1934 applies specifically to the maintenance and upkeep of the grave of Major-General Victor Conradsdorf Morisset Sellheim, C.B., C.M.G., located at Kingston, Norfolk Island. This Act, which came into effect on 23 April 1934, designates the Administration of Norfolk Island as the responsible entity for ensuring that the grave is properly cared for and maintained. The jurisdictional scope of the Act is limited to Norfolk Island, with its primary objective being the preservation of Major-General Sellheim’s grave. The Act has undergone amendments, notably by the Sellheim Grave (Amendment) Act 1980, which further defined and refined the responsibilities and provisions of the original Act. While the Act is geographically confined to Norfolk Island, its purpose remains singular and focused on the specific grave of Major-General Sellheim.

Key Provisions

The Sellheim Grave Act 1934 primarily focuses on the maintenance of the grave of Major-General Victor Conradsdorf Morisset Sellheim, C.B., C.M.G. This Act, which commenced on 23 April 1934, places a specific obligation on the Administration to care for, maintain and upkeep the grave located at Kingston, Norfolk Island (Section 3). The Act was consolidated in 1987 under the authority of the Administrator and in accordance with the Enactments Reprinting Act 1980, with amendments as indicated in the Tables. Under this Act, the Administration is mandated to ensure the grave is properly cared for, maintained, and kept in good condition. This obligation includes regular inspections, necessary repairs, and general upkeep to preserve the integrity of the site. The Administration must ensure that the grave remains a respectful and dignified resting place for Major-General Sellheim. The Act does not specify particular methods or frequencies for these tasks, leaving some flexibility for the Administration to determine the best practices for fulfilling these duties. Breach of the obligations outlined in the Sellheim Grave Act 1934 does not explicitly state specific offences, penalties, or consequences within the text provided. However, failure to comply with the Act's requirements could potentially lead to civil or administrative actions, depending on the broader legislative framework governing the Administration's duties. The Act's primary focus is on ensuring the grave is maintained, and any significant neglect could be viewed as a dereliction of duty, with potential repercussions under Norfolk Island's broader administrative laws.