New South Wales Consolidated Acts

BOTANY CEMETERY AND CREMATORIUM ACT 1972 - SECT 9

9 Nomination of person for appointment as trustee of the cemetery

(1) Notwithstanding anything in the Crown Lands Consolidation Act 1913 or the Public Trusts Act 1897 where the office of a trustee of the cemetery becomes vacant after the commencement of this Act, a person shall not, pursuant to either of those Acts, be appointed to fill the vacancy unless he is nominated thereto by such person or body, whether corporate or unincorporate, as may be specified or described in the regulations in relation to the vacancy.

(2) The regulations may make provision for or with respect to determining the procedure to be followed in nominating a person for the purposes of subsection one of this section.

(3) If a nomination is not received in accordance with the regulations during the prescribed period after a vacancy referred to in subsection one of this section arises, a person may be appointed to fill the vacancy in the same manner as if subsection one of this section had not been enacted.

(4) Subsection one of this section does not apply in the case of a person who, pursuant to the Crown Lands Consolidation Act 1913 , or the Public Trusts Act 1897 , fills a vacancy by virtue of his holding a particular office or position.