New South Wales Consolidated Acts

ST. GEORGE'S CHURCH OF ENGLAND, HURSTVILLE, CEMETERY ACT 1961 - SECT 2

2 Use of cemetery for other purposes

(1) It shall be lawful for the Church of England Property Trust Diocese of Sydney (hereinafter referred to as "the Trust") or such persons as may be authorised by the Trust to use such part of the land described in the Schedule to this Act as may be owned by the Trust and used as a cemetery (hereinafter referred to as "the said land") for the purposes of erecting and maintaining a rectory and suitable monument thereon and such other purposes as may be declared by ordinance made under the Church of England Trust Property Act 1917 , as amended by subsequent Acts, notwithstanding:

(a) that the said land comprises a cemetery, and

(b) any trusts, conditions, encumbrances or dedications affecting the said land immediately before the commencement of this Act.

(2) Before any use is made of the said land pursuant to subsection one of this section, the Trust or the persons authorised as aforesaid shall:

(a) compile a register of the names of and other relevant information in respect of persons buried in the said land, so far as such names and information can be obtained, and deposit such register in 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) subject as hereinafter provided, cause any headstones, grave enclosures, and other surface structures on the said land to be collected with due care and disposed of at the discretion of the Trust.

(5) The Trust shall as soon as practicable after the headstones, grave enclosures and other surface structures are collected under subsection two of this section erect in a suitable position on the said land a substantial monument in memory of those persons buried therein.