New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 38)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Cemeteries Legislation Amendment (Unused Burial Rights) Act 2001Rookwood Necropolis Amendment Act 2004
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
On the commencement of Schedule 2 to the Necropolis (Amendment) Act 1986 , any trustee holding office under this Act immediately before that commencement ceases to hold that office but is eligible, if otherwise qualified, to be re-appointed as trustee for the purposes of this Act.
Section 37VV (2) of the Crown Lands Consolidation Act 1913 operates in respect of the appointment under that Act of trustees of land within the Necropolis as if, immediately before the appointment, the land had been a reserve within the meaning of Part 3B of that Act.
The joint committee constituted under this Act immediately before the commencement of Schedule 2 to the Necropolis (Amendment) Act 1986 is, on that commencement, abolished.
Section 37VV (2) of the Crown Lands Consolidation Act 1913 applies to and in respect of the Joint Committee as if a reference in that section:
(a) to the operative time were a reference to the commencement of Schedule 2 to the Necropolis (Amendment) Act 1986 ,
(b) to the prior time were a reference to the time immediately before that commencement,
(c) to the former controllers were a reference to the Joint Committee abolished by clause 3,
(d) to the present controllers were a reference to the Joint Committee constituted under section 20 as in force after the commencement of Schedule 2 to the Necropolis (Amendment) Act 1986 ,
(e) to a reserve were a reference to the Necropolis,
(f) to the care, control and management, or the operation, of a reserve, were a reference to the exercise of functions in relation to the Necropolis under this Act, and
(g) to subsection (1) of that section were a reference to this Act.
A regulation made for the purposes of section 36 and in force immediately before the commencement of Schedule 2 to the Necropolis (Amendment) Act 1986 shall, on that commencement, be deemed to have been made for the purposes of that section as substituted by that Act.
In this Part, "the 2004 amending Act" means the Rookwood Necropolis Amendment Act 2004 .
Land that, immediately before the commencement of section 6A (as inserted by the 2004 amending Act), was dedicated or set apart for any purpose under section 7, 7A, 7B, 8 or 8A, as in force immediately before the repeal of those sections by that Act:
(a) is taken to be set aside for that purpose under section 6A, and
(b) is taken to be a reserve within the meaning of Part 5 of the Crown Lands Act 1989 , and
(c) is taken to have been dedicated for a public purpose under section 80 of the Crown Lands Act 1989 .
Note: Under clause 4 of Schedule 8 to the Crown Lands Act 1989 , the trustees of any such land are taken to have been constituted as a reserve trust under Part 5 of that Act.
Section 8E (as inserted by the 2004 amending Act) does not apply to any valuation made by the Valuer-General before the commencement of that section.
Section 20B (as inserted by the 2004 amending Act) does not apply to any calendar year that commenced before the commencement of that section.
(1) Any exclusive rights of burial subsisting under section 24 immediately before its repeal by the 2004 amending Act are taken to be exclusive rights of burial granted under clause 28 of the Crown Lands (General Reserves) By-law 2001 .
(2) Any action taken under section 24 in relation to any such exclusive rights of burial is deemed to have been taken under clause 31A of the Crown Lands (General Reserves) By-law 2001 .
(3) Any right to which a person was entitled under section 24A immediately before its repeal by the 2004 amending Act is taken to be a right to which the person is entitled under clause 31B of the Crown Lands (General Reserves) By-law 2001 .
In any Act or instrument, a reference to the Necropolis Act 1901 includes a reference to the Rookwood Necropolis Act 1901 .