Australian Capital Territory Repealed Acts

This legislation has been repealed.

CEMETERIES ACT 1933 NO 29 (REPEALED) - SECT 6

    (1)     The Minister may, in writing, appoint as—

        (a)     trustees of all public cemeteries; or

        (b)     trustees of a private burial ground;

not less than 3 nor more than 12 persons, as he or she considers appropriate, and may appoint 1 of the trustees to be the chairperson of the trustees.

    (2)     An appointment is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act 2001 .

    (3)     The persons for the time being holding office as trustees shall be a body corporate.

    (4)     The corporate name of the trustees referred to in subsection (1) (a) shall be The Trustees of the Canberra Public Cemeteries.

    (5)     The Minister shall determine the corporate name of the trustees of a private burial ground.

    (6)     All bodies corporate constituted under this section shall under their respective corporate names have perpetual succession and a common seal and shall be capable of suing and being sued.

    (7)     A body corporate constituted under this section shall manage a public cemetery or private burial ground in accordance with—

        (a)     the management objectives for a cemetery or burial ground specified in the Land (Planning and Environment) Act 1991 , schedule 1; and

        (b)     any plan of management under that Act that applies to the cemetery or burial ground, as varied and in effect from time to time.

    (8)     If a trustee ceases to hold office, the Minister may appoint a new trustee in his or her place.

    (9)     If any part of a public cemetery is set apart for the burial of the dead of a religious denomination, that denomination may nominate a person for appointment as a trustee referred to in subsection (1) (a).

    (10)     If any part of a public cemetery is set apart for the burial of the dead of a group of religious denominations, the group may nominate 1 member of each denomination in the group for appointment as a trustee referred to in subsection (1) (a).

    (11)     If any part of a public cemetery is set apart under section 5 (1) (c), the body known as the Australian Capital Territory Branch of the Returned Sailors, Soldiers and Airmen's Imperial League of Australia may nominate a person for appointment as a trustee referred to in subsection (1) (a).

    (12)     A trustee referred to in subsection (1) (a) shall, for this Act, be taken to be a trustee of each public cemetery.