New South Wales Consolidated Acts

ST. THOMAS' CHURCH OF ENGLAND, NORTH SYDNEY, CEMETERY ACT 1967 - SECT 3

3 Dedication of the scheduled land

(1) The scheduled land 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 , as amended by subsequent Acts.

(2) The Council shall be the trustees of the scheduled land for all purposes of the Public Parks Act 1912 , as amended by subsequent Acts, and shall be deemed to have been appointed pursuant to that Act, as so amended, to be the trustees of the scheduled land.

(3)

(a) The Council shall maintain the scheduled land as a rest park and garden and may erect and maintain a columbarium on the scheduled land, and, notwithstanding anything in any other Act, but subject to the provisions of this Act, the Council shall not use the scheduled land or permit it to be used for any other purpose.

(b) The Council may, either alone or in conjunction with the Rector and Churchwardens of St. Thomas’ Church of England, North Sydney, place in the columbarium referred to in paragraph (a) of this subsection the ashes of persons who have been cremated.

(4)

(a) Any estate or interest in the scheduled land which, immediately before the commencement of this Act, was vested in or held by any person or body of persons is hereby divested.

(b) Any person or body referred to in paragraph (a) of this subsection and the Committee of Management are hereby discharged from any duties, liabilities or obligations existing immediately before the commencement of this Act in respect of or in relation to the scheduled land.

(c) Any liabilities incurred or debts due by the Church of England Property Trust Diocese of Sydney, or the Committee of Management, immediately before the commencement of this Act in respect of the scheduled land are hereby transferred to the Council.

(d)

(i) Any moneys, securities or assets held or received by the Church of England Property Trust Diocese of Sydney or the Committee of Management, whether before or after the commencement of this Act, in respect of the scheduled land or of any grave in the scheduled land, shall vest in and, as soon as practicable, be paid or transferred to the Council, and those moneys, securities or assets shall thereupon be freed from any conditions or trusts subject to or on which they were held immediately before they so vest.

(ii) The Council shall use the said moneys, securities or assets for or towards maintaining the graves or monuments or other surface structures preserved pursuant to the provisions of section five of this Act or for or towards maintaining the scheduled land as a rest park and garden.

(e) Any trusts, conditions, encumbrances, dedications or reservations affecting the scheduled land immediately before the commencement of this Act are hereby revoked and annulled.

(f) Any Crown grant issued in respect of any part of or including any part of the scheduled land and subsisting immediately before the commencement of this Act is hereby cancelled insofar as it relates to the scheduled land.