New South Wales Consolidated Acts

CAMPBELLTOWN PRESBYTERIAN CEMETERY ACT 1984 - SECT 5

5 Preconditions to use of cemetery for other purposes

(1) Before taking any action with respect to the resumption and appropriation of the relevant cemetery land and before making or authorising the making of any use of that land for the purposes of a public road, the Commissioner shall:

(a) where a burial register relating to the relevant cemetery land is held or, before the expiration of 3 months after the last publication of the prescribed advertisement, received by the Commissioner and that register is, in the opinion of the Minister, adequate and complete, deposit the burial register at the Mitchell Library, Sydney, where it shall be maintained so as to be available for inspection by any interested person from time to time,

(b) where a burial register relating to the relevant cemetery land is held or so received by the Commissioner and that register is not, in the opinion of the Minister, adequate or complete:

(i) compile a supplementary register of the names of and other relevant information in respect of persons who are buried in the relevant cemetery land, so far as those names and that information can by reasonable diligence be obtained and so far as those names and that information are not included in the burial register, and

(ii) deposit the burial register and the supplementary register compiled under subparagraph (i) at the Mitchell Library, Sydney, where they shall he maintained so as to be available for inspection by any interested person from time to time,

(c) cause the prescribed advertisement to be published, and

(d) cause the removal and reinterment of human remains and the removal of monuments to be carried out in accordance with section 6.

(2) In addition to the duties conferred on the Commissioner under subsection (1), the Commissioner shall, as soon as practicable after the carrying out of those duties, cause to be erected, in a part of the cemetery designated by the Trust, a monument in memory of the persons buried and formerly buried in the relevant cemetery land.