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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Rookwood Necropolis Amendment Bill
2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Necropolis Act 1901 (1902 No 20) 2
4 Amendment of other Acts and instruments 2
Schedule 1 Amendment of Necropolis Act 1901 3
Schedule 2 Further amendment of Necropolis Act 1901 by way of law
revision 5
Schedule 3 Amendment of other Acts and instruments 13
Rookwood Necropolis Amendment Bill 2004
Contents
Page
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Rookwood Necropolis Amendment Bill
2004
Act No , 2004
An Act to amend the Necropolis Act 1901 with respect to the establishment and
operation of certain crematoria; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Rookwood Necropolis Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Rookwood Necropolis Amendment Act 2004.
2 Commencement
(1) This Act commences on the date of assent, subject to subsection (2).
(2) Schedules 1 and 3.2 commence on a day or days to be appointed by
proclamation.
3 Amendment of Necropolis Act 1901 (1902 No 20)
The Necropolis Act 1901 is amended as set out in Schedules 1 and 2.
4 Amendment of other Acts and instruments
Each Act and instrument listed in Schedule 3 is amended as set out in
that Schedule.
Page 2
Rookwood Necropolis Amendment Bill 2004
Amendment of Necropolis Act 1901 Schedule 1
Schedule 1 Amendment of Necropolis Act 1901
(Section 3)
[1] Section 6A Setting aside land for different purposes
Insert "or crematorium" after "cemetery" wherever occurring in section 6A (1)
and (2).
[2] Section 8E
Insert after section 8D:
8E Right of appeal against valuations of general crematorium site
(1) The lessor or lessee under the general crematorium lease, or the
Joint Committee, may appeal to the Land and Environment Court
against a valuation made by the Valuer-General under clause 5 of
Schedule 3.
(2) Pending the determination of an appeal under this section, 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.
[3] Section 20B
Omit the section. Insert instead:
20B Contributions payable to Joint Committee by reserve trusts etc
(1) As soon as practicable after the beginning of each calendar year,
the Joint Committee:
(a) must make estimates for that year of its expenditure and of
its revenue apart from this section, and
(b) must determine, on the basis of those estimates, the total
amount that it will need to obtain for that year from
contributions from the reserve trusts and from the general
crematorium lessee, 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, in accordance with the
regulations, the contribution payable by each reserve trust,
and the general crematorium lessee, in respect of that
amount, and
Page 3
Rookwood Necropolis Amendment Bill 2004
Schedule 1 Amendment of Necropolis Act 1901
(e) must notify each reserve trust, and the general
crematorium lessee, of the contribution payable by it for
that year.
(2) Each reserve trust, and the general crematorium lessee, must pay
the amount of its contribution within 60 days after receiving
notice from the Joint Committee to do so.
[4] Sections 20G and 20H
Insert after section 20F:
20G Fees payable to Joint Committee by reserve trusts operating
crematoria
Within 7 days after the end of each quarter, each reserve trust that
operates a crematorium must pay to the Joint Committee such
fees as may be prescribed by the regulations with respect to the
cremations carried out by it during that quarter in the Necropolis.
20H Information to be provided to Joint Committee by reserve trusts
etc
Within 7 days after the end of each quarter, each reserve trust, and
the general crematorium lessee, must provide the Joint
Committee with the number of interments and cremations carried
out by it during that quarter in the Necropolis.
[5] Section 36A
Insert after section 36:
36A Recovery of contributions, fees and other amounts
The Joint Committee may recover any contribution, fee or other
amount due to it under this Act as a debt in a court of competent
jurisdiction.
Page 4
Rookwood Necropolis Amendment Bill 2004
Further amendment of Necropolis Act 1901 by way of law revision Schedule 2
Schedule 2 Further amendment of Necropolis Act
1901 by way of law revision
(Section 3)
[1] Part 1, heading
Insert before section 1:
Part 1 Preliminary
[2] Section 1 Name of Act
Omit "Necropolis Act 1901". Insert instead "Rookwood Necropolis Act 1901".
[3] Section 2 Repeal
Omit the section.
[4] Section 4 Existing proclamation etc
Omit the section.
[5] Section 6 Definitions
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.
[6] Section 6 (2)
Omit "land described in the Second Schedule".
Insert instead "general crematorium site".
[7] Section 6 (4)
Insert after section 6 (3):
(4) Notes included in this Act do not form part of this Act.
Page 5
Rookwood Necropolis Amendment Bill 2004
Schedule 2 Further amendment of Necropolis Act 1901 by way of law revision
[8] Section 6A
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.
[10] Part 2, heading
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".
Page 6
Rookwood Necropolis Amendment Bill 2004
Further amendment of Necropolis Act 1901 by way of law revision Schedule 2
[12] Section 8B (3)
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".
[15] Section 8C (2)
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".
[17] Section 8D (1)
Omit "the Third Schedule". Insert instead "Schedule 3".
[18] Part 3, heading
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".
Page 7
Rookwood Necropolis Amendment Bill 2004
Schedule 2 Further amendment of Necropolis Act 1901 by way of law revision
[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.
[24] Section 11 (2)
Omit "of trustees" and "those trustees".
Insert instead "of a reserve trust" and "the reserve trust", respectively.
[25] Section 11 (2)
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.
[27] Part 4, heading
Insert before section 20:
Part 4 Joint Committee of Necropolis Trustees
[28] Section 20 Joint Committee of Necropolis Trustees
Omit section 20 (2).
[29] Section 20 (5) (a)
Omit the paragraph. Insert instead:
(a) a member nominated by each reserve trust and appointed
by the Minister, and
[30] Section 20 (6)
Omit "(other than a person nominated by trustees)".
[31] Section 20 (7)
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).
Page 8
Rookwood Necropolis Amendment Bill 2004
Further amendment of Necropolis Act 1901 by way of law revision Schedule 2
[33] Section 20B (3) (a)
Omit "bodies of trustees". Insert instead "reserve trusts".
[34] Section 20B (5)
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.
[37] Section 20D (3)
Omit "Those sections". Insert instead "Those provisions".
[38] Sections 21-25 and 28-35
Omit the sections.
[39] Part 5, heading
Insert before section 36:
Part 5 Miscellaneous
[40] Section 36 Delegation by Minister
Omit section 36 (2)-(6).
[41] Section 37 Regulations
Omit section 37 (2) (a), (c) and (d).
[42] Section 37 (2) (b1)
Omit "trustees". Insert instead "reserve trusts".
Page 9
Rookwood Necropolis Amendment Bill 2004
Schedule 2 Further amendment of Necropolis Act 1901 by way of law revision
[43] Section 37 (3) and (4)
Omit the subsections.
[44] Section 38 Savings and transitional provisions
Omit "The Fifth Schedule". Insert instead "Schedule 5".
[45] First Schedule
Omit the Schedule.
[46] Second Schedule
Omit the heading. Insert instead:
Schedule 2 General crematorium site
[47] Second Schedule
Omit "(Section 8A)". Insert instead "(Section 8B)".
[48] Third Schedule
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.
[50] Fourth Schedule
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".
Page 10
Rookwood Necropolis Amendment Bill 2004
Further amendment of Necropolis Act 1901 by way of law revision Schedule 2
[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,
[54] Fifth Schedule
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):
Rookwood Necropolis Amendment Act 2004
[57] Fifth Schedule, Part 2, heading
Insert before clause 1:
Part 2 Provisions consequent on enactment of
Necropolis (Amendment) Act 1986
[58] Fifth Schedule, Part 3
Insert after clause 5:
Part 3 Provisions consequent on enactment of
Rookwood Necropolis Amendment Act
2004
6 Definition
In this Part, the 2004 amending Act means the Rookwood
Necropolis Amendment Act 2004.
Page 11
Rookwood Necropolis Amendment Bill 2004
Schedule 2 Further amendment of Necropolis Act 1901 by way of law revision
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.
8 Application of section 8E
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.
9 Application of section 20B
Section 20B (as inserted by the 2004 amending Act) does not
apply to any calendar year that commenced before the
commencement of that section.
10 Exclusive rights of burial
(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.
Page 12
Rookwood Necropolis Amendment Bill 2004
Amendment of other Acts and instruments Schedule 3
Schedule 3 Amendment of other Acts and
instruments
(Section 4)
3.1 Crown Lands (General Reserves) By-law 2001
Schedule 1 Reserves to which this By-law applies
Insert at the beginning of Part 2 of Schedule 1:
Each cemetery and crematorium within the Necropolis referred
to in the Rookwood Necropolis Act 1901
3.2 Land and Environment Court Act 1979 No 204
Section 19 Class 3--land tenure, valuation, rating and compensation
matters
Insert after section 19 (b):
(b1) appeals under section 8E of the Rookwood Necropolis Act
1901,
3.3 Local Government Act 1993 No 30
Dictionary
Insert "or for a public cemetery" after "public recreation" in paragraph (g) (i)
of the definition of public reserve.
3.4 Necropolis Regulation 2002
[1] Clauses 1 and 4
Insert "Rookwood" before "Necropolis" wherever occurring.
[2] Clause 4 Definitions
Omit the definitions of appropriate fee, burial place, relevant trust, secretary
and trust.
Insert in alphabetical order:
reserve trust means a reserve trust for land within the Necropolis.
[3] Clause 6 Officers and employees
Omit "The trusts and the Joint Committee may each".
Insert instead "The Joint Committee may".
Page 13
Rookwood Necropolis Amendment Bill 2004
Schedule 3 Amendment of other Acts and instruments
[4] Clause 6
Omit "their". Insert instead "its".
[5] Clause 7 Meetings
Omit "each trust and", "the trust or" and ", as the case may be".
[6] Clause 8 Common seal
Omit the clause.
[7] Parts 3, 3A and 4
Omit the Parts.
[8] Clause 22 Contributions to Joint Committee
Omit "trust" wherever occurring. Insert instead "reserve trust".
[9] Clause 22 (3)
Omit the definition of trust. Insert instead:
reserve trust includes a person conducting a crematorium on the
general crematorium site (if there is no reserve trust for that site).
Page 14
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