New South Wales Consolidated Acts

OLD ROMAN CATHOLIC CEMETERY, CROWN STREET, WOLLONGONG, ACT 1969 - SECT 7

7 Removal of human remains, headstones etc

(1) Subject to subsections two and three of this section, the Council shall, as soon as practicable after the commencement of this Act:

(a) compile a register of the names of and other relevant information in respect of persons buried in the lands described in the First, Second and Third Schedules to this Act, so far as those names and that information can by reasonable diligence be obtained, and deposit and maintain the register at the Town Hall, Wollongong, so as to be available for inspection by any interested person from time to time,

(b) furnish a certified copy of the register to the Minister,

(c) furnish a certified copy of the register to the Mitchell Library, Sydney, where it shall be maintained so as to be available for inspection by any interested person from time to time,

(d) remove from the lands described in the First, Second and Third Schedules to this Act all headstones, grave enclosures and similar surface structures that are, in the opinion of the Council, not reasonably capable of being preserved and dispose of them at the discretion of the Council,

(e) remove and re-erect in new positions on the land described in the First Schedule to this Act, such of the headstones, grave enclosures and similar surface structures (other than those referred to in paragraph (d) of this subsection) on that land as the Council may deem necessary,

(f) remove from the lands described in the Second and Third Schedules to this Act all headstones, grave enclosures and similar surface structures (other than those referred to in paragraph (d) of this subsection) and re-erect them on the land described in the First Schedule to this Act,

(g) convert the land described in the First Schedule to this Act into a rest park, and

(h) erect a memorial of a design and in a position to be approved of by the Minister on the land described in the First Schedule to this Act to indicate the sacred nature of the area and that the register referred to in paragraph (a) of this subsection may be inspected at the Town Hall, Wollongong, and a copy of the register at the Mitchell Library, Sydney.

(2) At least three months before any headstones, grave enclosures or similar surface structures are removed by the Council pursuant to subsection one of this section, an advertisement of the intention to remove them and drawing attention to the right conferred by subsection three of this section on the representatives or persons claiming to be representatives referred to in the said subsection three shall be inserted twice at an interval of not less than two weeks in a newspaper or newspapers published and circulating in the locality, and twice at an interval of not less than two weeks in a newspaper or newspapers published in Sydney and circulating widely throughout New South Wales.

(3) At any time after the appearance of the first advertisement referred to in subsection two of this section and before the expiration of three months after the appearance of the last of those advertisements the representatives or any persons claiming to be representatives of any person who is buried in those lands may, at their own expense, and with the permission of the Council, remove the headstone, grave enclosure or similar surface structure erected over or in respect of the grave of that person, and may, at their own expense, and with the permission of the Director-General of Public Health, remove the remains of that person to another cemetery for burial or to a crematorium for cremation.