New South Wales Consolidated Acts

CAMPERDOWN CEMETERY ACT 1948 - SECT 6

6 Redesign and reconstruction of cemetery area

(1) The Minister shall have power to select any part of the land described in the Second Schedule to this Act and to redesign and reconstruct such part as a cemetery area.

(2) As soon as practicable after the exercise of such power of selection, the Minister shall cause to be published in the Gazette a notification containing a description of the part of the said land so selected.

(3) The Minister shall thereupon cause the land described in such notification to be redesigned and reconstructed as a cemetery area, and for that purpose may cause the remains of any person buried in the land described in the Second Schedule to this Act 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 any other part of the said land 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.

(4)

(a) As soon as practicable after completion of the redesigning and reconstruction of the cemetery area pursuant to this section the Standing Committee of the Synod of the Diocese of Sydney shall appoint trustees of such area. The trustees so appointed shall not exceed seven in number.
The persons first appointed as trustees shall include such of the persons who immediately before the commencement of this Act were trustees of the lands described in the First and Second Schedules to this Act as are living at the time of such appointment and prepared to accept appointment.

(b) Such trustees shall have the care, control and management of such area and shall, subject to this Act, administer the same in accordance with the same trusts and for the same purposes as those upon and for which the land comprised in such area was held immediately before the commencement of this Act.

(c) While such area is under the care, control and management of trustees appointed under this section the Church of England Property Trust Diocese of Sydney shall be discharged from any duty, obligation or liability arising out of or connected with the trusts and purposes upon and for which such area is held.

(d) The Standing Committee of the Synod of the Diocese of Sydney may appoint a new trustee to fill any vacancy occurring for any reason among the trustees appointed pursuant to this subsection.

(5)

(a) The Minister shall pay to the Church of England Property Trust Diocese of Sydney an amount of ten thousand pounds which shall be invested by the said Church of England Property Trust in any of the securities authorised by the Trustee Act 1925 , as amended by subsequent Acts.

(b) The said Church of England Property Trust shall as soon as practicable after the first day of July in each year pay the interest arising from such investment during the period of twelve months immediately preceding (after deducting therefrom any expenses reasonably incurred by the said Church of England Property Trust in connection with such investment during that period) to the trustees of the said cemetery area who shall apply such interest to the permanent upkeep of such area.