New South Wales Consolidated Acts

CAMPBELLTOWN PRESBYTERIAN CEMETERY ACT 1984 - SECT 4

4 Use of cemetery for other purposes

(1) Without limiting the provisions of section 49 of the Main Roads Act 1924 , but subject to this Act, the relevant cemetery land may be resumed and appropriated pursuant to section 49 of that Act, and that land may be used for the purposes of a public road, notwithstanding that, immediately before the commencement of this Act, the relevant cemetery land comprised a cemetery.

(2) On the date on which the relevant cemetery land is resumed and appropriated under section 49 of the Main Roads Act 1924 :

(a) any estate or interest in the relevant cemetery land which, immediately before that date, was vested in or held by any person or body of persons or the Trust shall be divested,

(b) any person or body referred to in paragraph (a) and the Trust shall be discharged from any duties, liabilities or obligations existing immediately before that date in respect of the relevant cemetery land,

(c) any trusts, conditions, encumbrances, dedications or reservations affecting the relevant cemetery land immediately before that date shall be revoked and annulled, and

(d) any Crown grants issued in respect of any part of or including any part of the relevant cemetery land and subsisting immediately before that date shall be cancelled in so far as they relate to the relevant cemetery land.

(3) Any person who, immediately before the date on which the relevant cemetery land is resumed and appropriated under section 49 of the Main Roads Act 1924 , was the holder of, or was entitled to be the holder (either at law or in equity) of, any exclusive right to burial within the relevant cemetery land may, within a period of 6 months after that date, apply in writing to the Minister to be granted a fresh exclusive right to burial and the Minister shall, as soon as practicable after any application has been so made, arrange for the provision to that person of a new burial site in a cemetery selected at the discretion of the Minister.

(4) Nothing in this Act should be construed as preventing the relevant cemetery land, after its resumption and appropriation as referred to in subsection (1), from being disposed of or otherwise dealt with in any way that land so resumed and appropriated may be disposed of or otherwise dealt with.