New South Wales Consolidated Acts

ST. THOMAS' CHURCH OF ENGLAND, NORTH SYDNEY, CEMETERY ACT 1967 - SECT 5

5 Preservation of certain monuments etc

(1) The Council shall, subject to the provisions of section six of this Act, preserve in its existing position or remove and preserve in a new position on the scheduled land:

(a) any monument or other surface structure which:

(i) is erected over any grave which, in the opinion of the Council, is of historical importance, and

(ii) is, in the opinion of the Council, reasonably capable of being preserved,

(b) any monument or other surface structure erected over any grave in respect of which the Council has notice that any moneys, securities or assets were, immediately before the commencement of this Act, held by any person or body of persons for the perpetual care of such grave.

(2) Subject to the provisions of section six of this Act, the Council may remove all other monuments and other surface structures erected on the scheduled land, and dispose of them at the discretion of the Council.

(3) If any monument or other surface structure preserved in accordance with the provisions of subsection one of this section ceases at any time after the expiration of the period of three months referred to in subsection two of section six of this Act by reason of its condition to be, in the opinion of the Council, reasonably capable of being preserved, the Council may dispose of it at the discretion of the Council.

(4) Before determining which of the monuments or other surface structures the Council will preserve, or remove and preserve, pursuant to subsection one of this section, or remove pursuant to subsection two of this section, the Council shall take into consideration any views of the Royal Australian Historical Society, furnished to the Council within three months after the commencement of this Act, relating to the historical importance of each or any monument or other surface structure.