Schedule 2 Further amendment of Necropolis Act 1901 by way of law revision
(Section 3)
Insert before section 1:Part 1 Preliminary
Omit “Necropolis Act 1901”. Insert instead “Rookwood Necropolis Act 1901”.
Omit the section.
[4] Section 4 Existing proclamation etc
Omit the section.
Omit the definition of Trustees from section 6 (1).Insert in alphabetical order:
general crematorium lease means a lease referred to in section 8B.
general crematorium site means the land described in Schedule 2.
quarter means the period beginning 1 January, 1 April, 1 July or 1 October in each year.
reserve trust, in relation to land set aside for use as a cemetery or crematorium under this Act, means the reserve trust that, under section 92 of the Crown Lands Act 1989, is constituted and appointed as trustee of that land.
Omit “land described in the Second Schedule”.Insert instead “general crematorium site”.
Insert after section 6 (3):(4) Notes included in this Act do not form part of this Act.
Insert after section 6:6A Setting aside land for different purposes
(1) The Minister may, by notification published in the Gazette, set aside land within the Necropolis for the following purposes:(a) for use as a cemetery,(b) for conservation as a historic site.(2) Land that is set aside for use as a cemetery may be set aside generally or for a particular religious denomination.(3) The general crematorium site is taken to have been set aside for use as a crematorium.(4) In the application of Part 5 of the Crown Lands Act 1989 to land within the Necropolis, Crown land that is set aside under this section:(a) is taken to be a reserve within the meaning of that Part, and(b) is taken to have been dedicated for a public purpose under section 80 of that Act.(5) In the case of Crown land within the general crematorium site, a reserve trust is not to be constituted or appointed under section 92 of the Crown Lands Act 1989 while a general crematorium lease is in force.(6) A reserve trust for land set apart under this Act has the functions conferred on it by or under this Act in addition to the functions conferred or imposed on it under the Crown Lands Act 1989.
[9] Sections 7, 7A, 7B, 8 and 8A
Omit the sections.
Insert before section 8B:Part 2 Lease of general crematorium site
[11] Section 8B Lease of general crematorium site
Omit “the Second Schedule” wherever occurring.Insert instead “Schedule 2”.
Omit “trustees”. Insert instead “a reserve trust”.
[13] Section 8C Extension of general crematorium lease
Omit “the Second Schedule” from section 8C (1) (a).Insert instead “Schedule 2”.
[14] Section 8C (1) (b) and (2)
Omit “land described in the Second Schedule” wherever occurring.Insert instead “general crematorium site”.
Omit “the lease referred to in section 8B”.Insert instead “the general crematorium lease”.
[16] Section 8D Amendment of general crematorium lease
Omit “the lease referred to in section 8B” from section 8D (1).Insert instead “the general crematorium lease”.
Omit “the Third Schedule”. Insert instead “Schedule 3”.
Insert before section 9:Part 3 Functions of reserve trusts
[19] Section 9 Parts of land dedicated in 1887 and added to general cemetery may be set apart for denominations
Omit the section.
[20] Sections 10, 10A, 11 (1) and (3), 20B (2) and (4), 20C (1), 20E (including heading), Fourth Schedule
Omit “the trustees” and “body of trustees” wherever occurring.Insert instead “the reserve trust” and “reserve trust”, respectively.
[21] Section 10 Adjustment of boundaries
Omit “such trustees”. Insert instead “such reserve trust”.
[22] Section 10A Divesting of land with consent of reserve trust
Omit “them” from section 10A (1). Insert instead “the reserve trust”.
[23] Section 11 Vesting of lands set apart
Omit “and their successors” wherever occurring.
Omit “of trustees” and “those trustees”.Insert instead “of a reserve trust” and “the reserve trust”, respectively.
Omit “land described in the Second Schedule, that land”.Insert instead “general crematorium site, that site”.
[26] Sections 12–15, 17, 18 and 19
Omit the sections.
Insert before section 20:Part 4 Joint Committee of Necropolis Trustees
[28] Section 20 Joint Committee of Necropolis Trustees
Omit section 20 (2).
Omit the paragraph. Insert instead:(a) a member nominated by each reserve trust and appointed by the Minister, and
Omit “(other than a person nominated by trustees)”.
Omit “The Fourth Schedule”. Insert instead “Schedule 4”.
[32] Section 20B Contributions to Joint Committee by reserve trust
Omit “(except the Joint Committee itself)” from section 20B (2).
Omit “bodies of trustees”. Insert instead “reserve trusts”.
Omit the subsection. Insert instead:(5) While there is no reserve trust of the general crematorium site, a reference in this section to a reserve trust includes a reference to a person conducting a crematorium on that site.
[35] Section 20C Provision of services by Joint Committee
Omit “trustees” from section 20C (3) (b). Insert instead “the reserve trust”.
[36] Section 20D Preparation of plans of management by Joint Committee
Omit section 20D (2). Insert instead:(2) The provisions of Division 6 of Part 5 of the Crown Lands Act 1989 apply to a plan of management under this section in the same way as they apply to a plan of management under that Division.
Omit “Those sections”. Insert instead “Those provisions”.
Omit the sections.
Insert before section 36:Part 5 Miscellaneous
[40] Section 36 Delegation by Minister
Omit section 36 (2)–(6).
Omit section 37 (2) (a), (c) and (d).
Omit “trustees”. Insert instead “reserve trusts”.
Omit the subsections.
[44] Section 38 Savings and transitional provisions
Omit “The Fifth Schedule”. Insert instead “Schedule 5”.
Omit the Schedule.
Omit the heading. Insert instead:Schedule 2 General crematorium site
Omit “(Section 8A)”. Insert instead “(Section 8B)”.
Omit the heading. Insert instead:Schedule 3 Additional terms and conditions of general crematorium lease
[49] Third Schedule, clause 6 (2)
Omit the subclause. Insert instead:(2) The statement must be certified as correct by a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth.
Omit the heading. Insert instead:Schedule 4 Constitution and procedure of Joint Committee
[51] Fourth Schedule, clause 5 (2)
Omit “those trustees”. Insert instead “the reserve trust”.
[52] Fourth Schedule, clause 5 (3)
Omit “the trustees concerned fail”. Insert instead “the reserve trust fails”.
[53] Fourth Schedule, clause 6 (1) (e)
Omit the paragraph. Insert instead:(e) becomes a mentally incapacitated person,
Omit the heading. Insert instead:Schedule 5 Savings and transitional provisions
[55] Fifth Schedule, Part 1, heading
Insert before clause 1A of the Fifth Schedule:Part 1 Preliminary
[56] Fifth Schedule, clause 1A
Insert at the end of clause 1A (1):
[57] Fifth Schedule, Part 2, heading
Insert before clause 1:Part 2 Provisions consequent on enactment of Necropolis (Amendment) Act 1986
Insert after clause 5:Part 3 Provisions consequent on enactment of Rookwood Necropolis Amendment Act 2004
In this Part, the 2004 amending Act means the Rookwood Necropolis Amendment Act 2004.7 Continuation of existing dedications
Land that, immediately before the commencement of section 6A (as inserted by the 2004 amending Act), was dedicated or set apart for any purpose under section 7, 7A, 7B, 8 or 8A, as in force immediately before the repeal of those sections by that Act:(a) is taken to be set aside for that purpose under section 6A, and(b) is taken to be a reserve within the meaning of Part 5 of the Crown Lands Act 1989, and(c) is taken to have been dedicated for a public purpose under section 80 of the Crown Lands Act 1989.Note. Under clause 4 of Schedule 8 to the Crown Lands Act 1989, the trustees of any such land are taken to have been constituted as a reserve trust under Part 5 of that Act.Section 8E (as inserted by the 2004 amending Act) does not apply to any valuation made by the Valuer-General before the commencement of that section.Section 20B (as inserted by the 2004 amending Act) does not apply to any calendar year that commenced before the commencement of that section.(1) Any exclusive rights of burial subsisting under section 24 immediately before its repeal by the 2004 amending Act are taken to be exclusive rights of burial granted under clause 28 of the Crown Lands (General Reserves) By-law 2001.(2) Any action taken under section 24 in relation to any such exclusive rights of burial is deemed to have been taken under clause 31A of the Crown Lands (General Reserves) By-law 2001.(3) Any right to which a person was entitled under section 24A immediately before its repeal by the 2004 amending Act is taken to be a right to which the person is entitled under clause 31B of the Crown Lands (General Reserves) By-law 2001.11 Construction of certain references
In any Act or instrument, a reference to the Necropolis Act 1901 includes a reference to the Rookwood Necropolis Act 1901.