1960
1960
2011-07-08
act
publicspecial
act.reprint
allinforce
2011-07-08
act-2011-027
none
act-1960-045
b8e81ef0-ea0a-4a52-ae90-a814bf7e1290
40e1ca70-05e8-48ba-8748-80f4de7988a6
Repeal:
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2011
No 27 with effect from 8.7.2011.
An Act to authorise the use of a certain cemetery
within the Mental Hospital at Gladesville for purposes other than a cemetery;
to validate certain matters; and for purposes connected
therewith.
1Name of
Act
This Act may be cited as the Gladesville Mental Hospital Cemetery Act
1960.
2Lands vested in the
Minister
(1)
The lands described in Part 1 of the Schedule to
this Act are hereby vested in the Minister for Health on behalf of Her Majesty
for the purposes of the Mental Hospital at Gladesville.
(2)
Any trusts, conditions, encumbrances,
appropriations or dedications affecting the said lands immediately before the
commencement of this Act are hereby revoked and
annulled.
3Removal of human remains,
headstones etc
(1)
Subject to the provisions hereinafter contained,
the Minister may cause the remains of all persons buried in the lands
described in Parts 1 and 2 of the Schedule to this Act (so far as such remains
can by reasonable diligence be discovered or identified) together with all
headstones, grave enclosures and other surface structures on such lands to be
collected with due care and removed from such lands and shall cause any such
remains so removed to be reverently reinterred and such headstones, grave
enclosures and other surface structures to be re-erected in such cemetery as
the Minister may determine.
(2)
The cost of such removal, reinterment and
re-erection shall be borne by the Minister.
(3)
The Minister shall cause an advertisement of his
intention to remove such remains, headstones, grave enclosures or other
surface structures under the provisions of subsection one of this section, to
be published three times at intervals of not less than two weeks in one or
more newspapers circulating in the Metropolitan Area and no such remains,
headstones, grave enclosures or other surface structures shall be so removed
before the expiration of three months from publication of the last of such
advertisements.
(4)
(a)
At any time after publication of the first
advertisement referred to in subsection three of this section and before the
expiration of three months from publication of the last of such
advertisements, the representatives or any persons claiming to be the
representatives of any person buried in the said lands may, at their own
expense, remove the headstone, grave enclosure or other surface structure
erected over the grave of such person, and may, at their own expense, and with
the permission of the Director General of Public Health, remove the remains of
such person to such cemetery as they may desire.
(b)
Any such representatives or any such persons
claiming to be such representatives shall give to the Minister not less than
twenty-eight days’ notice of their intention.
4Register of
names
(1)
The Minister shall as soon as practicable after
the commencement of this Act and before the removal of the remains of any
person from the said lands, cause a register of the names and other relevant
information in respect of the persons buried in the said lands described in
Parts 1 and 2 of the said Schedule to be compiled so far as such names and
information can by reasonable diligence be obtained.
(2)
The Minister shall cause the register to be
deposited and maintained at the Mental Hospital at Gladesville and available
for inspection by any interested person from time to
time.
5Incidental
powers
The Minister may cause to be done all such other
things as he may consider necessary to carry fully into effect the purposes of
this Act.
6No compensation
payable
No compensation or damages shall be payable to
any person or body of persons in respect of the vesting of the said lands or
in respect of the performance of or omission to perform any act authorised by
this Act.
7Validation
Any action, matter or thing taken or done before
the commencement of this Act which would have been valid had the provisions of
section two of this Act been in force at the time when such action, matter or
thing was taken or done is hereby validated.
Schedule
(Sections 2, 3)
Part 1
All that piece or parcel of land containing by
admeasurement 1 acre ¼ perch be the same more or less situate in the
Municipality of Hunters Hill County of Cumberland Parish of Hunters Hill being
the area appropriated for a Burial Ground at Tarban on Half Monthly Return
47/1 approved by The Colonial Secretary’s letter 47/37 of 16 January
1847 and being the land originally shewn on plan catalogued C244–730 at
the Department of Lands Sydney and now defined by survey and shewn on plan
catalogued Ms 15537 Sy. at the Department of Lands Sydney Commencing at a
point bearing 331 degrees 38 minutes 564 feet 0¼ inch from the
intersection of the north-eastern side of Bland Street with the north-western
side of Crown Street and bounded thence on the south-east and south-west by
lines bearing 235 degrees 3 minutes 40 seconds 198 feet and thence 323 degrees
28 minutes 220 feet 5¼ inches and on the north-west and north-east by
lines bearing 55 degrees 3 minutes 40 seconds 198 feet and thence 143 degrees
28 minutes 220 feet 5¼ inches to the point of
commencement.
(All bearings are relative to the Trigonometrical
Meridian.)
Part 2
All that piece or parcel of land containing by
admeasurement 3 roods 15¾ perches be the same more or less situate in the
Municipality of Hunters Hill County of Cumberland Parish of Hunters Hill being
part of an area of 192 acres 3 roods at Gladesville dedicated 14 December 1895
for a Hospital for the Insane and shewn on plan catalogued Ms 15537 Sy. at the
Department of Lands Sydney Commencing at a point bearing 335 degrees 38
minutes 380 feet 1¼ inches from the intersection of the north-eastern
side of Bland Street with the north-western side of Crown Street and bounded
thence on the south-east and south-west by lines bearing 235 degrees 3 minutes
40 seconds 198 feet and thence 323 degrees 28 minutes 186 feet 9 inches on the
north-west by the south-eastern boundary of an area of 1 acre appropriated for
Burial Ground on Half Monthly Return 1847/1 bearing 55 degrees 3 minutes 40
seconds 198 feet and thence on the north-east by a line bearing 143 degrees 28
minutes 186 feet 9 inches to the point of commencement.
(All bearings are relative to the Trigonometrical
Meridian.)
Historical
notes
Table of amending
instruments
Gladesville
Mental Hospital Cemetery Act 1960 No 45. Assented to
4.11.1960.