1970
1970
2012-01-06
act
publicspecial
act.reprint
allinforce
2012-01-06
act-2011-062
none
act-1970-084
7da352b1-d448-40e6-b8f7-d6a5589ac9a8
f91c6234-f559-42da-9a75-7afa877409e3
Repeal:
The Act was repealed by Sch 5 to the Statute Law (Miscellaneous Provisions) Act (No 2)
2011 No 62 with effect from
6.1.2012.
An Act to dedicate certain lands at Gosford as
public parks; to make provision for the appointment of trustees thereof; to
confer and impose certain powers, authorities, duties and functions on those
trustees; and for purposes connected therewith.
1Name of
Act
This Act may be cited as the Gosford Cemeteries Act
1970.
2Definitions
In this Act, except in so far as the context or
subject-matter otherwise indicates or requires:
Council means the Council of the
Shire of Gosford.
the
scheduled lands means the land described in the First
Schedule to this Act and the land described in the Second Schedule to this
Act.
3Closing of road in First Part
of First Schedule
Notwithstanding anything in any other Act, the
road comprising the land described in the First Part of the First Schedule to
this Act is hereby closed and the land comprised in the road so closed shall
be freed and discharged from any rights of the public or any person thereto as
a highway.
4Divesting of estate or
interest held in scheduled lands before commencement of
Act
(1)
Any estate or interest in the scheduled lands
which, immediately before the commencement of this Act, was vested in or held
by any person or body of persons is hereby divested.
(2)
Any person or body referred to in subsection one
of this section is hereby discharged from any duties, liabilities or
obligations existing immediately before the commencement of this Act in
respect of or in relation to the scheduled lands.
(3)
Any trusts, conditions, encumbrances, dedications
or reservations affecting the scheduled lands immediately before the
commencement of this Act are hereby revoked and
annulled.
5Dedication of scheduled lands
as public parks
(1)
The land described in the First Schedule to this
Act is hereby dedicated as a public park and that land shall be deemed to be a
public park within the meaning of the Public Parks Act
1912.
(2)
The land described in the Second Schedule to this
Act is hereby dedicated as a public park and that land shall be deemed to be a
public park within the meaning of the Public Parks Act
1912.
(3)
Subject to this Act, the Council shall be the
trustees of the scheduled lands for all purposes of the Public Parks Act
1912 and shall be deemed to have been appointed pursuant
to that Act to be the trustees of those lands.
(4)
The scheduled lands shall be maintained by the
Council as rest parks and garden areas and, notwithstanding anything in any
other Act, but subject to the provisions of this Act, the Council shall not
use those lands or permit them to be used for any other
purpose.
6Removal of human remains,
monuments etc
(1)
Subject to subsections two and three of this
section, the Council shall, as soon as practicable after the commencement of
this Act:
(a)
compile a register of the names of and other
relevant information in respect of persons who are buried in or whose ashes
have been placed in or on the scheduled lands, so far as those names and that
information can by reasonable diligence be obtained, and deposit and maintain
the register at the offices of the Council at Gosford, so as to be available
for inspection by any interested person from time to time,
(b)
furnish a certified copy of the register to the
Minister,
(c)
furnish a certified copy of the register to the
Mitchell Library, Sydney, where it shall be maintained so as to be available
for inspection by any interested person from time to time,
(d)
remove all monuments and other surface structures
on the scheduled lands and re-arrange or dispose of them at the discretion of
the Council,
(e)
plant the scheduled lands with trees, lawns,
shrubs and plants and otherwise improve them as rest parks and garden areas,
and
(f)
erect a memorial, tablet or plaque in a suitable
position on the land described in the First Schedule to this Act and a
memorial, tablet or plaque in a suitable position on the land described in the
Second Schedule to this Act, each indicating the sacred nature of the
respective area and where the register referred to in paragraph (a) of this
subsection may be inspected and stating that a copy of the register may be
inspected at the Mitchell Library, Sydney.
(2)
At least three months before any monuments or
other surface structures are removed by the Council pursuant to subsection one
of this section, an advertisement of the intention to remove them and drawing
attention to the right conferred by subsection three of this section on the
representatives or persons claiming to be representatives referred to in the
said subsection three shall be inserted twice at an interval of not less than
two weeks in a newspaper or newspapers published and circulating in the
locality, and twice at an interval of not less than two weeks in a newspaper
or newspapers published in Sydney and circulating widely throughout New South
Wales.
(3)
At any time after the publication of the first
advertisement referred to in subsection two of this section and before the
expiration of three months from the publication of the last of those
advertisements the representatives or any persons claiming to be
representatives of any person who is buried in or whose ashes have been placed
in or on the scheduled lands may, at their own expense, and with the
permission of the Council, remove the monument or other surface structure
erected over the grave of that person, and may, at their own expense, and with
the permission of the Director-General of Public Health, remove the remains of
that person to another cemetery for burial or to a crematorium for
cremation.
(4)
Subject to this Act, the Council may do all such
other things as it may consider necessary to effect the conversion of the
scheduled lands into rest parks and garden areas.
7No compensation
payable
No compensation shall be payable to any person or
body of persons in respect of the closing of the road comprising the land
described in the First Part of the First Schedule to this Act or in respect of
the divesting of any estate or interest by this Act or in respect of the
performance of any act authorised by this Act.
First Schedule
(Section 2)
First Part
ALL THAT piece or parcel of land containing by
admeasurement 2 roods 19¼ perches be the same more or less situate in the
Shire and Parish of Gosford, and adjoining lands Town of Gosford, County of
Northumberland, part Albany Street being portion 395 in plan catalogued N
8826–2111 in the Department of Lands, Sydney.
Second Part
ALL THAT piece or parcel of land containing by
admeasurement 9¾ perches be the same more or less situate in the Shire
and Parish of Gosford, and adjoining lands Town of Gosford, County of
Northumberland, part freehold allotment 1 section 42 being portion 396 in plan
catalogued N 8826–2111 in the Department of Lands,
Sydney.
Third Part
ALL THAT piece or parcel of land containing by
admeasurement 1 acre be the same more or less situate in the Shire and Parish
of Gosford, and adjoining lands Town of Gosford, County of Northumberland,
being the land dedicated for the Church of England Burial Ground on 27 July
1847 and shown on plan catalogued C 251–730 in the Department of Lands,
Sydney.
Second Schedule
(Section 2)
ALL THAT piece or parcel of land containing by
admeasurement 2 acres 3 roods 4½ perches be the same more or less situate
in the Shire and Parish of Gosford, and adjoining lands Town of Gosford,
County of Northumberland, being the land dedicated for General Cemetery on 24
October 1882 and the road closed by notification in the Gazette of 14 October
1966 COMMENCING at the northernmost south-western corner of portion 378 and
bounded thence by that portion by lines bearing 90 degrees distant 383 links
360 degrees distant 50 links 90 degrees distant 225 4/10 links 180 degrees
distant 279 7/10 links 270 degrees 40 minutes 30 seconds distant 320 links and
180 degrees distant 449 7/10 links to the northern side of Lindsey Street
thence by the northern side of that street bearing 270 degrees 40 minutes 30
seconds distant 295 links to the eastern side of Whitton Street and thence by
the eastern side of that street bearing 40 minutes distant 671 4/10 links to
the point of commencement.
Historical
notes
Table of amending
instruments
Gosford
Cemeteries Act 1970 No 84. Assented to
9.12.1970.