New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) Parts 2-5 of this Schedule re-enact (with minor modifications) Acts or provisions of Acts or statutory instruments repealed by section 143 and are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(2) In the event of an inconsistency between this Schedule and any other provision of this Act, the provisions of this Schedule prevail to the extent of the inconsistency.
(1) The regulations may modify the application of a provision referred to in clause 1 to or in respect of a cemetery referred to in that provision, or the operator of that cemetery, for the purposes of this Act.
(2) Without limiting subclause (1), the regulations may do either or both of the following--(a) provide that this Act applies as if the provision were omitted and replaced with another provision,(b) confer jurisdiction on a court or tribunal.
(1) A reference in this Schedule to a trust that was a reserve trust for a reserve immediately before the repeal day (or a reference to its trustees) is to be read, on and from that day, as a reference to the Crown land manager of the land that was comprised by that reserve.
(2) Subclause (1) does not affect any matter or thing that had already taken effect before the commencement of this clause.
(3) In this clause--
"Crown land manager" means the Crown land manager of the land concerned under the Crown Land Management Act 2016 .
"repeal day" means the day on which the Crown Lands Act 1989 is repealed by the Crown Land Management Act 2016 .
"reserve" and
"reserve trust" have the same meanings as they had in Part 5 of the Crown Lands Act 1989 immediately before the repeal day.
In this Part--
"monument" means monument or other surface structure.
"prescribed grave" means a grave in the cemetery, being a grave in which the
remains of a person who was buried in the former Devonshire-street Cemetery
were re-interred otherwise than in pursuance of this Act.
"prescribed monument" means a monument in the cemetery, being a monument which
relates to a person who was buried in the former Devonshire-street Cemetery.
"regulations" means regulations made under this Act.
"repealed Act" means the Botany Cemetery and Crematorium Act 1972 as in force
immediately before its repeal by this Act.
"the cemetery" means the land described in the First Schedule to the repealed
Act.
"the cemetery trust" means The Botany Cemetery Trust.
"the crematorium" means the land described in the Second Schedule to the
repealed Act.
"the crematorium trust" means The Eastern Suburbs Crematorium Trust.
(1) Without affecting the generality of the power of the cemetery trust to use the cemetery or any part of it for or in connection with burials or burial purposes--(a) the land formerly occupied by a prescribed grave from which the trust is satisfied that--(i) all monuments and remains have been removed pursuant to Part 3 of the repealed Act, or(ii) there being no monuments on the grave, all remains have been so removed, or(iii) there being no remains in the grave, all monuments have been so removed,may be used for or in connection with burials or burial purposes in the same manner as if it had never been occupied by that grave, and(b) the land formerly occupied by a prescribed monument which the trust is satisfied was not on a grave and which the trust is satisfied has been removed pursuant to Part 3 of the repealed Act may be used for or in connection with burials or burial purposes in the same manner as if it had never been occupied by that monument.
(2) Any estate or interest in or right created in respect of or in relation to any land referred to in subclause (1) (a) or (b), being an estate, interest or right, which (immediately before any monuments or remains or both were removed from that land pursuant to Part 3 of the repealed Act) was vested in or held by any person or body of persons (other than the trust), is hereby divested and--(a) that person or body is hereby discharged from any duties, liabilities or obligations existing immediately before that removal in respect of or in relation to that land, and(b) the trust is hereby discharged from any duties, liabilities or obligations existing immediately before that removal in respect of or in relation to that land, in so far as those duties, liabilities or obligations arose by virtue of the estate, interest or right so divested.
No compensation is payable to any person in respect of the performance of any act authorised by this Part or in respect of the divesting of any estate, interest or right by this Part.
In this
Part--
"Council" means Council of the City of Newcastle.
"repealed Act" means the Christ Church Cathedral, Newcastle, Cemetery Act
1966 as in force immediately before its repeal by this Act.
"the Cathedral lands" means the lands described in the Third Schedule to the
repealed Act.
"the Corporate Trustees" means the Trustees of Church Property for the Diocese
of Newcastle.
The land described in the First Schedule to the repealed Act is to be maintained by the Council as a rest park and garden area and, despite anything in any other Act, but subject to the provisions of this Part, the Council must not use the land or permit it to be used for any other purpose.
(1) The Corporate Trustees hold the land described in the Second Schedule to the repealed Act vested in them by that Act for such use, benefit, or purposes of the Church of England as the Synod of the Diocese of Newcastle from time to time declares, directs or appoints.
(2) In this clause, the expression
"minerals" has the meaning given to it in section 5 of the Crown Lands Consolidation Act 1913 immediately before the repeal of that Act.
The Council is responsible for the following--
(a) the cost of relocating any power lines in or on the Cathedral lands or other church trust property if their relocation is required in connection with the carrying out of any work, act or thing authorised by this Part,
(b) making adequate provision for the discharge of roof and storm water from the Cathedral lands and the land described in the Second Schedule to the repealed Act across or through the land described in the First Schedule to the repealed Act,
(c) repairing any damage that may be caused by the carrying out of any work, act or thing authorised by this Part, to the Cathedral lands or other church trust property, or any building structure or other property on it.
The Corporate Trustees must grant the Council access through the Cathedral lands and other church trust property for the purpose of carrying out any work, act or thing authorised by this Part.
No compensation is payable to any person in respect of the divesting of any estate or interest by the repealed Act or in respect of the performance of any work, act or thing authorised by this Part.
If any difference arises between the Council and the Corporate Trustees with respect to the carrying out of any provision of this Part under which it is required that any act is to be performed or thing done in a manner agreed on by the Council and the Corporate Trustees, the Council or the Corporate Trustees may submit such difference to the Minister and the act is to be performed or the thing done in such manner as the Minister may direct.
In this Part--
"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.
(1) Except as provided by this Act, the cemetery land is to be maintained by the trustees as an historic cemetery.
(2) The trustees must 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.
The trustees, or a nominee of the trustees, must 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.
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.
(1) The trustees or any person or body of persons must take due care not to unearth or disturb--(a) the remains of any person who is buried in, or(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 must 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.
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.
(1) The trustees may maintain the dwelling erected on the cemetery land at the commencement of the repealed 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 clause to the dwelling erected on the cemetery land at the commencement of the repealed Act includes a reference to that dwelling as repaired, rebuilt or replaced from time to time under this clause.
No compensation is payable to any person or body of persons in respect of the performance of anything authorised to be done by this Part.
In this Part--
"appointed day" means the day appointed for the commencement of the 2009 Act
pursuant to section 2 of that Act.
"denominational trust" , in relation to land within the Rookwood Necropolis
that is set aside for use as a cemetery or crematorium, means the reserve
trust that has been, or is taken to have been, appointed as trustee of that
land under section 92 (1) of the Crown Lands Act 1989 , and includes a person
conducting a crematorium on the general crematorium site (if there is no other
denominational trust for that site), but does not include the Rookwood
Necropolis Trust.
"financial year" means a period of 12 months commencing on 1 July.
"general crematorium site" means the land within the Rookwood Necropolis that
comprises Lot 488, Deposited Plan 48288.
"interment" does not include interment of ashes arising from a cremation.
"JCNT" means the Joint Committee of Necropolis Trustees constituted by section
20 of the 1901 Act.
"new RNT" means the reserve trust established by clause 53 of Schedule 8 to
the Crown Lands Act 1989 immediately before its repeal by this Act.
"old RNT" means the Rookwood Necropolis Trust established under section 92 (1)
of the Crown Lands Act 1989 by notification published in Gazette No 73 of 15
May 2009 at page 2244.
"quarter" means the 3-month period beginning 1 July, 1 October, 1 January or 1
April in each financial year.
"Rookwood Necropolis" means the land comprising Lot 500, Deposited Plan
1015565, Lot 7053, Deposited Plan 1029128, and Lot 10, Deposited Plan 829656,
being land at Haslem's Creek and Rookwood that, immediately before the
appointed day, was set aside for use as a cemetery or crematorium, or for
conservation as a historic site, under the 1901 Act.
"Rookwood Necropolis Trust" means the Rookwood Necropolis Trust established by
clause 53 of Schedule 8 to the Crown Lands Act 1989 immediately before its
repeal by this Act.
"the 1901 Act" means the Rookwood Necropolis Act 1901 , as in force
immediately before the appointed day.
"the 2009 Act" means the Rookwood Necropolis Repeal Act 2009 .
(1) In this clause--
"general crematorium lease" means the lease referred to in section 8B of the 1901 Act, as that lease was in force immediately before the appointed day, and includes the terms and conditions specified in Schedule 3 to that Act.
(2) On and from the appointed day, the general crematorium lease is taken to have been granted by the Minister under section 34A of the Crown Lands Act 1989 for the purposes of a crematorium.
(3) The lessor or lessee under the general crematorium lease, or the new RNT, may appeal to the Land and Environment Court against a valuation made, or purporting to have been made, by the Valuer-General under the terms of the lease.Note : As at the appointed day, the terms of the lease included those prescribed by Schedule 3 to the 1901 Act, clause 5 of which provided for the valuation of the general crematorium site by the Valuer-General for the purpose of determining the rent payable in relation to that site.
(4) Pending the determination of an appeal under this clause, the valuation to which the appeal relates, and the lessee's liability for any rent payable on the basis of that valuation, are unaffected by the appeal.Note : Pursuant to section 19 of the Land and Environment Court Act 1979 , an appeal under this clause falls within Class 3 of the Land and Environment Court's jurisdiction.
(5) Section 6.4 and Division 6.3 of the Crown Land Management Act 2016 do not apply to or in respect of the general crematorium lease.
In any other Act or instrument, a reference to the JCNT or the old RNT extends to the new RNT.
(1) During the last 6 months of each financial year commencing on or after 1 July 2010, the Rookwood Necropolis Trust--(a) must make estimates for the following financial year of its expenditure and of its revenue apart from this clause, and(b) must determine, on the basis of those estimates, the total amount that it will need to obtain for the following financial year from contributions from the denominational trusts, and(c) must notify the Minister of the total amount so determined, and(d) subject to the Minister's approval of the total amount so determined, must determine the contribution payable by each denominational trust in respect of that amount, and(e) must notify each denominational trust of the contribution payable by it for the following financial year.
(2) The Rookwood Necropolis Trust must consult with the denominational trusts as to its expenditure and revenue before making the estimates referred to in subclause (1) (a).
(3) Each denominational trust must pay the contribution determined in respect of it under subclause (1) (d), by way of 4 equal instalments, within 28 days after the start of each quarter.
(4) For the purposes of subclause (1) (d), the contribution payable to the Rookwood Necropolis Trust by a denominational trust is to be calculated in accordance with the following formula--
"P" represents the contribution payable.
"A" represents the amount approved by the Minister under subclause (1) in relation to the amount assessed by the Rookwood Necropolis Trust, from time to time, as the amount it requires to enable it to exercise its functions under this Act.
"I[#38]C" , in relation to a denominational trust, represents the number of interments and cremations carried out during the previous calendar year in the portion of the Rookwood Necropolis managed by that denominational trust.
"ΣI[#38]C" represents the total number of interments and cremations carried out during the previous calendar year in the Rookwood Necropolis.
(1) In this clause--
"general crematorium lease" means a lease of the whole or any part of the general crematorium site that has been, or is taken to have been, granted by the Minister for the purposes of a crematorium under section 34A of the Crown Lands Act 1989 .
(2) Within 28 days after the end of each quarter, a denominational trust that operated a crematorium in the Rookwood Necropolis during that quarter must pay to the Rookwood Necropolis Trust a fee calculated by multiplying $100 by the number of cremations carried out by it in the crematorium during that quarter.
(3) No such fee is payable in respect of cremations carried out, by the lessee under the general crematorium lease, in the crematorium situated on the general crematorium site.
Note : The fee payable under this clause is additional to any contribution payable under clause 24.
Within 7 days after the end of each quarter, a denominational trust that carried out interments or cremations in the Rookwood Necropolis during that quarter must provide the Rookwood Necropolis Trust with the number of interments and cremations carried out by it in the Rookwood Necropolis during that quarter.
