New South Wales Consolidated Acts

BOTANY CEMETERY AND CREMATORIUM ACT 1972 - SECT 13

13 Re-use of certain lands for burials

(1) Without affecting the generality of the power of the cemetery trust to use the cemetery or any part thereof 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 this Part,

(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 this Part 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 paragraph (a) or (b) of subsection one of this section, being an estate, interest or right, which (immediately before any monuments or remains or both, as the case may require, were removed from that land pursuant to this Part) 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.