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This is a Bill, not an Act. For current law, see the Acts databases.
Rookwood Necropolis Repeal Bill 2009
No , 2009
A Bill for
An Act to repeal the Rookwood Necropolis Act 1901 and to make consequential
amendments to the Crown Lands Act 1989 and to other Acts and instruments.
Clause 1 Rookwood Necropolis Repeal Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Rookwood Necropolis Repeal Act 2009. 3
2 Commencement 4
This Act commences on a day to be appointed by proclamation. 5
3 Repeal of Rookwood Necropolis Act 1901 (1902 No 20) 6
The Rookwood Necropolis Act 1901, and the regulations under that Act, 7
are repealed. 8
Page 2
Rookwood Necropolis Repeal Bill 2009
Amendment of Crown Lands Act 1989 No 6 Schedule 1
Schedule 1 Amendment of Crown Lands Act 1989 1
No 6 2
[1] Section 84 Revocation of dedication 3
Omit "a dedication made before or after the commencement of this section" 4
from section 84 (1). 5
Insert instead "the whole or part of a dedication under this Act". 6
[2] Section 128 By-laws 7
Insert after section 128 (1) (p3): 8
(p4) the payments to be made from one reserve trust to another, 9
[3] Section 147 Recovery of money 10
Omit "Money" from section 147 (1). 11
Insert instead "Subject to subsection (3), money". 12
[4] Section 147 (3) 13
Insert after section 147 (2): 14
(3) Money payable to a reserve trust under this Act or the by-laws 15
may be recovered by the trust as a debt. 16
[5] Schedule 8 Savings, transitional and other provisions 17
Insert at the end of clause 25 (1): 18
Rookwood Necropolis Repeal Act 2009 19
[6] Schedule 8, Part 6 20
Insert after Part 5: 21
Part 6 Provisions consequent on Rookwood 22
Necropolis Repeal Act 2009 23
51 Definitions 24
In this Part: 25
appointed day means the day appointed for the commencement 26
of the 2009 Act pursuant to section 2 of that Act. 27
general crematorium lease means the lease referred to in 28
section 8B of the 1901 Act, as that lease was in force immediately 29
before the appointed day, and includes the terms and conditions 30
specified in Schedule 3 to that Act. 31
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Rookwood Necropolis Repeal Bill 2009
Schedule 1 Amendment of Crown Lands Act 1989 No 6
JCNT means the Joint Committee of Necropolis Trustees 1
constituted by section 20 of the 1901 Act. 2
new RNT means the reserve trust established by clause 53. 3
old RNT means the Rookwood Necropolis Trust established 4
under section 92 (1) by notification published in Gazette No 73 5
of 15 May 2009 at page 2244. 6
Rookwood Necropolis means the land comprising Lot 500, 7
Deposited Plan 1015565, Lot 7053, Deposited Plan 1029128, and 8
Lot 10, Deposited Plan 829656, being land at Haslem's Creek 9
and Rookwood that, immediately before the appointed day, was 10
set aside for use as a cemetery or crematorium, or for 11
conservation as a historic site, under the 1901 Act. 12
the 1901 Act means the Rookwood Necropolis Act 1901, as in 13
force immediately before the appointed day. 14
the 2009 Act means the Rookwood Necropolis Repeal Act 2009. 15
unallocated lands means those parts of the Rookwood 16
Necropolis for which, immediately before the appointed day, 17
there was no reserve trust appointed. 18
52 Abolition of JCNT and old RNT 19
(1) The JCNT and the old RNT are abolished. 20
(2) A person who, immediately before the appointed day, held office 21
as a member of the JCNT or the old RNT, ceases to hold office 22
as such on that day, but is eligible to be appointed as a member 23
of the new RNT. 24
(3) A person who, by operation of subclause (2), ceases to hold office 25
as a member of the JCNT or the old RNT is not thereby entitled 26
to be paid any remuneration or compensation. 27
53 Establishment of new RNT 28
(1) On the appointed day: 29
(a) a reserve trust is established under the name "Rookwood 30
Necropolis Trust", and 31
(b) the reserve trust so established is appointed as trustee of 32
the unallocated lands. 33
(2) The new RNT is taken to have been established and named, and 34
to have been appointed as trustee of the unallocated lands, under 35
section 92 (1). 36
Note. Accordingly, it may be dissolved, its name may be altered and its 37
appointment as trustee of the unallocated lands may be revoked under 38
section 92 (3). 39
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Rookwood Necropolis Repeal Bill 2009
Amendment of Crown Lands Act 1989 No 6 Schedule 1
(3) The new RNT is taken to be a continuation of, and the same legal 1
entity as, the JCNT. 2
Note. Accordingly, the staff, assets, rights and liabilities of the JCNT 3
become staff, assets, rights and liabilities of the new RNT. 4
(4) The assets, rights and liabilities that, immediately before the 5
appointed day, belonged, or purportedly belonged, to the old 6
RNT become the assets, rights and liabilities of the new RNT. 7
(5) In subclause (4): 8
assets means any legal or equitable estate or interest (whether 9
present or future, whether vested or contingent and whether 10
personal or assignable) in real or personal property of any 11
description (including money), and includes securities, choses in 12
action and documents. 13
liabilities means any liabilities, debts or obligations (whether 14
present or future, whether vested or contingent and whether 15
personal or assignable). 16
rights means any rights, powers, privileges or immunities 17
(whether present or future, whether vested or contingent and 18
whether personal or assignable). 19
(6) Anything that, before the appointed day, was done or purportedly 20
done by or on behalf of the old RNT is taken to have been done 21
by or on behalf of the new RNT. 22
54 Continuation of existing dedications and appointments 23
(1) Nothing in this Part affects: 24
(a) any dedication of land within the Rookwood Necropolis, 25
or 26
(b) any appointment of a reserve trust for land within the 27
Rookwood Necropolis, 28
that, pursuant to section 6A of the 1901 Act, is taken to have 29
occurred under Part 5 of this Act. 30
(2) Subject to Part 5 of this Act, the repeal of the 1901 Act does not 31
affect any vesting of land that, before the appointed day, had been 32
effected under section 11 of that Act. 33
55 Continuation of existing obligations 34
(1) The repeal of the 1901 Act does not affect any contribution, fee 35
or other amount that, immediately before the appointed day, was 36
payable to the JCNT under section 20B or 20G of that Act, except 37
that any such contribution, fee or amount is instead to be paid to 38
the new RNT. 39
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Rookwood Necropolis Repeal Bill 2009
Schedule 1 Amendment of Crown Lands Act 1989 No 6
(2) The repeal of the 1901 Act does not affect any obligation of a 1
reserve trust to provide the JCNT with information under 2
section 20H of that Act, except that any such information is to be 3
provided instead to the new RNT. 4
56 General crematorium lease 5
(1) On and from the appointed day, the general crematorium lease is 6
taken to have been granted by the Minister under section 34A for 7
the purposes of a crematorium. 8
(2) The lessor or lessee under the general crematorium lease, or the 9
new RNT, may appeal to the Land and Environment Court 10
against a valuation made, or purporting to have been made, by the 11
Valuer-General under the terms of the lease. 12
Note. As at the appointed day, the terms of the lease included those 13
prescribed by Schedule 3 to the 1901 Act, clause 5 of which provided for 14
the valuation of the general crematorium site by the Valuer-General for 15
the purpose of determining the rent payable in relation to that site. 16
(3) Pending the determination of an appeal under this clause, the 17
valuation to which the appeal relates, and the lessee's liability for 18
any rent payable on the basis of that valuation, are unaffected by 19
the appeal. 20
Note. Pursuant to section 19 of the Land and Environment Court Act 21
1979, an appeal under this clause falls within Class 3 of the Land and 22
Environment Court's jurisdiction. 23
(4) Divisions 2A and 3 of Part 7 do not apply to or in respect of the 24
general crematorium lease. 25
57 Construction of references to JCNT or old RNT 26
In any other Act or instrument, a reference to the JCNT or the old 27
RNT extends to the new RNT. 28
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Rookwood Necropolis Repeal Bill 2009
Amendment of Crown Lands (General Reserves) By-law 2006 Schedule 2
Schedule 2 Amendment of Crown Lands (General 1
Reserves) By-law 2006 2
[1] Part 3 Regulation of use of reserves 3
Insert after Division 2: 4
Division 3 Special provisions concerning the 5
Rookwood Necropolis 6
41A Definitions 7
In this Division: 8
calendar year means a period of 12 months commencing on 9
1 January. 10
denominational trust, in relation to land within the Rookwood 11
Necropolis that is set aside for use as a cemetery or crematorium, 12
means the reserve trust that has been, or is taken to have been, 13
appointed as trustee of that land under section 92 (1) of the Act, 14
and includes a person conducting a crematorium on the general 15
crematorium site (if there is no other denominational trust for that 16
site), but does not include the Rookwood Necropolis Trust. 17
financial year means a period of 12 months commencing on 18
1 July. 19
general crematorium lease means a lease of the whole or any 20
part of the general crematorium site that has been, or is taken to 21
have been, granted by the Minister for the purposes of a 22
crematorium under section 34A of the Act. 23
general crematorium site means the land within the Rookwood 24
Necropolis that comprises Lot 488, Deposited Plan 48288. 25
quarter means the 3-month period beginning 1 July, 1 October, 26
1 January or 1 April in each financial year. 27
Rookwood Necropolis means the Rookwood Necropolis referred 28
to in clause 51 of Schedule 8 to the Act. 29
Rookwood Necropolis Trust means the Rookwood Necropolis 30
Trust established by clause 53 of Schedule 8 to the Act. 31
41B Contributions payable to Rookwood Necropolis Trust by 32
denominational trusts etc 33
(1) During the last 6 months of each financial year commencing on 34
or after 1 July 2010, the Rookwood Necropolis Trust: 35
(a) must make estimates for the following financial year of its 36
expenditure and of its revenue apart from this clause, and 37
Page 7
Rookwood Necropolis Repeal Bill 2009
Schedule 2 Amendment of Crown Lands (General Reserves) By-law 2006
(b) must determine, on the basis of those estimates, the total 1
amount that it will need to obtain for the following 2
financial year from contributions from the denominational 3
trusts, and 4
(c) must notify the Minister of the total amount so determined, 5
and 6
(d) subject to the Minister's approval of the total amount so 7
determined, must determine the contribution payable by 8
each denominational trust in respect of that amount, and 9
(e) must notify each denominational trust of the contribution 10
payable by it for the following financial year. 11
(2) Each denominational trust must pay the contribution determined 12
in respect of it under subclause (1) (d), by way of 4 equal 13
instalments, within 28 days after the start of each quarter. 14
(3) For the purposes of subclause (1) (d), the contribution payable to 15
the Rookwood Necropolis Trust by a denominational trust is to 16
be calculated in accordance with the following formula: 17
A × I&C
P = --------------------
-
I&C
where: 18
A represents the amount approved by the Minister under 19
subclause (1) in relation to the amount assessed by the Rookwood 20
Necropolis Trust, from time to time, as the amount it requires to 21
enable it to exercise its functions under the Act. 22
I&C, in relation to a denominational trust, represents the number 23
of interments and cremations carried out during the previous 24
calendar year in the portion of the Rookwood Necropolis 25
managed by that denominational trust. 26
I&C represents the total number of interments and cremations 27
carried out during the previous calendar year in the Rookwood 28
Necropolis. 29
P represents the contribution payable. 30
(4) A special contribution is to be determined under this clause to 31
cover expenditure by the Rookwood Necropolis Trust in relation 32
to the period from 1 January 2010 to 30 June 2010, for which 33
purpose: 34
(a) the procedure set out in subclause (1) is to be carried out 35
during the last 6 months of 2009, and 36
(b) the formula referred to in subclause (3) is to be construed 37
as if the interments and cremations mentioned in that 38
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Rookwood Necropolis Repeal Bill 2009
Amendment of Crown Lands (General Reserves) By-law 2006 Schedule 2
subclause referred to interments and cremations carried 1
out during the first 6 months of 2009, and 2
(c) a contribution referred to in subclause (2) is to be paid by 3
way of 2 equal instalments to be paid by 28 January 2010 4
and 28 April 2010, respectively. 5
41C Fees payable to Rookwood Necropolis Trust by denominational 6
trusts operating crematoria 7
Within 28 days after the end of each quarter, a denominational 8
trust that operated a crematorium in the Rookwood Necropolis 9
during that quarter must pay to the Rookwood Necropolis Trust 10
a fee calculated by multiplying $100 by the number of cremations 11
carried out by it in the crematorium during that quarter. 12
Note. The fee payable under this clause is additional to any contribution 13
payable under clause 41B. 14
41D Information to be provided to Rookwood Necropolis Trust by 15
reserve trusts etc 16
Within 7 days after the end of each quarter, a denominational 17
trust that carried out interments or cremations in the Rookwood 18
Necropolis during that quarter must provide the Rookwood 19
Necropolis Trust with the number of interments and cremations 20
carried out by it in the Rookwood Necropolis during that quarter. 21
[2] Schedule 1 Reserves to which this By-law applies 22
Omit from Part 2: 23
Each cemetery and crematorium within the Necropolis referred to in the 24
Rookwood Necropolis Act 1901 25
[3] Schedule 1, Part 2 26
Insert in alphabetical order of reserves: 27
Rookwood Necropolis, Anglican Portion 28
Rookwood Necropolis, Catholic Portion 29
Rookwood Necropolis, General Portion 30
Rookwood Necropolis, Independent Portion 31
Rookwood Necropolis, Jewish Portion 32
Rookwood Necropolis, Muslim Portion 33
Rookwood Necropolis, Rookwood Necropolis Trust Portion 34
Page 9
Rookwood Necropolis Repeal Bill 2009
Schedule 3 Amendment of other Acts and instruments
Schedule 3 Amendment of other Acts and 1
instruments 2
3.1 Freedom of Information Regulation 2005 3
Schedule 3 Public authorities 4
Omit from Part 3: 5
Joint Committee of Necropolis Trustees Department of Lands
3.2 Land and Environment Court Act 1979 No 204 6
Section 19 Class 3--land tenure, valuation, rating and compensation 7
matters 8
Omit section 19 (b1). 9
3.3 Land and Environment Court Rules 2007 10
Rule 3.7 Costs in certain proceedings 11
Insert "or clause 56 (2) of Schedule 8 to the Crown Lands Act 1989" after 12
"Rookwood Necropolis Act 1901" in rule 3.7 (1) (c) (iii). 13
Page 10
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