New South Wales Consolidated Acts

OLD ROMAN CATHOLIC CEMETERY, CROWN STREET, WOLLONGONG, ACT 1969 - 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 and shall be deemed to be a public park within the meaning of the Public Parks Act 1912 .

(2) Subject to this Act, the Council shall be the trustees of that land for all purposes of the Public Parks Act 1912 and shall be deemed to have been appointed pursuant to that Act to be the trustees of that land.

(3) That land shall be maintained by the Council as a rest park and, notwithstanding anything in any other Act, but subject to the provisions of this Act, the Council shall not use that land or permit it to be used for any other purpose.

(4) In exercising or performing its powers, authority, duties and functions under this section, the Council must ensure that any use of the land:

(a) is limited to passive recreational activities that in the Council’s opinion provide community benefit, and

(b) does not unduly intrude on the recognition of and respect for the land as an old cemetery, and

(c) does not involve any commercial activities, and

(d) subject to the preceding paragraphs, is consistent with any applicable plan of management adopted under the Crown Lands Act 1989 .

(5) Nothing in subsection (3) or (4) prevents the granting of, or affects the power to grant, easements through, on, in or above the public park to permit the overhang of any structure or the roof of any building erected on the trust lands of the Wollongong Sportsground Trust.