1986
1986
2014-11-01
act
publicspecial
act.reprint
act-2011-062
allinforce
2014-11-01
act-2013-105
none
act-1986-116
f661dbe4-9370-4114-8c93-49860d36b2d9
ab1bebdc-3e84-4911-b0f1-3234dea311cf
Repeal:
The Act was repealed by sec 143 (e) of the
Cemeteries and Crematoria Act 2013 No
105 with effect from 1.11.2014.
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
s 4: Rep 2011 No 62,
Sch 5.
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)
s 11: Am 1997 No 152,
Sch 4.11.
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
s 14: Rep 2011 No 62,
Sch 5.
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.
Historical
notes
Table of amending
instruments
Gore Hill
Memorial Cemetery Act 1986 No 116. Assented to 27.11.1986.
Date of commencement, secs 1 and 2 excepted, 1.7.1987, sec 2 and GG No 109 of
26.6.1987, p 3645. This Act has been amended as follows:
1997
No
152
Environmental Planning and Assessment
Amendment Act 1997. Assented to 19.12.1997.
Date of commencement, 1.7.1998, sec 2 and GG No 101 of
1.7.1998, p 5119.
2011
No
62
Statute Law
(Miscellaneous Provisions) Act (No 2) 2011. Assented to
16.11.2011.
Date of commencement of Sch 5, 6.1.2012, sec 2
(1).
Table of
amendments
Sec
4
Rep 2011 No
62, Sch 5.
Sec
11
Am 1997 No
152, Sch 4.11.
Sec
14
Rep 2011 No
62, Sch 5.