New South Wales Consolidated Acts

CAMPERDOWN CEMETERY ACT 1948 - SECT 4

4 Dedication of land in First Schedule as a public park

(1) The land described in the First Schedule to this Act is hereby dedicated as a public park under the name of the “Camperdown Memorial Rest Park”.

(3) The said park shall be maintained by the Trust as a rest park and garden area and, notwithstanding anything in any other Act, the Trust shall not use the said park or permit the same to be used for any other purpose.

(4) Any estate or interest in the land described in the First Schedule to this Act which, immediately before the commencement of this Act, was vested in or held by the trustees appointed under the Camperdown Cemetery Trust Act of 1871 or any other person is hereby divested, and the said trustees and all such other persons are hereby discharged from any duties, liabilities or obligations existing immediately before the commencement of this Act in respect of or in relation to the said land.

(5) Any trusts, conditions, encumbrances or dedications affecting the said land immediately before the commencement of this Act are hereby revoked and annulled.

(6) In respect of the land described in the First Schedule to this Act, the Minister shall, as soon as practicable after the commencement of this Act:

(a) cause to be compiled an index plan and register of the names of and other relevant information in respect of persons buried in the said land, so far as such names and information can be obtained.
Such plan and register shall be deposited with the trustees of the redesigned and reconstructed cemetery area referred to in section six of this Act and shall be maintained by the said trustees so as to be available for inspection by any interested person from time to time,

(b) subject to the provisions of this section and of section ten of this Act, cause the remains of any person buried in an historic grave or in a grave for the perpetual care of which a capital sum has been paid to the trustees appointed under the Camperdown Cemetery Trust Act of 1871 , together with the headstone, grave enclosure or other surface structure erected over the grave of such person, to be collected with due care and removed to the cemetery area referred to in section six of this Act, and shall cause any such remains so removed to be reverently reinterred and such headstone, grave enclosure or other surface structure to be re-erected,

(c) subject to the provisions of this section and of section ten of this Act, cause all other headstones, grave enclosures, and surface structures on the said land to be removed and disposed of at the discretion of the Minister:
Provided that all such headstones and other surface structures as are reasonably capable of being so placed and as are suitable for the purpose shall be placed on the land described in the Second Schedule to this Act along the brick or stone wall referred to in paragraph (d) of this subsection,

(d) cause a brick or stone wall at least seven feet high and suitably buttressed to be erected on the common boundary of the land described in the First Schedule to this Act and the land described in the Second Schedule to this Act.

(7) On application made in writing within a period of six months from the commencement of this Act by the representatives of any person buried in the land described in the First Schedule to this Act:

(a) where such person was buried not more than twenty years before such commencement, or

(b) where such person was buried more than twenty years before such commencement and the grave in which such person is buried has, in the opinion of the Minister, received regular care during the period of five years immediately preceding such commencement or had some substantial repairs made to it during the period of ten years immediately preceding such commencement,

the Minister shall cause the remains of such person, together with the headstone, grave enclosure or other surface structure erected over the grave of such person, to be collected with due care and removed to the cemetery area referred to in section six of this Act or to another cemetery selected at the discretion of the Minister, and shall cause any such remains so removed to be reverently reinterred and such headstone, grave enclosure or other surface structure to be re-erected.

(8) The Trust shall plant the land described in the First Schedule to this Act with trees, lawns and flowers and may do such other things as it considers necessary to effect the conversion of such land into a rest park and garden area.