South Australian Consolidated Acts588—Provisions as to closed cemeteries
(1) If any land
comprised in any cemetery closed pursuant to section 587 or a
corresponding previous enactment is vested in or under the care, control and
management of the council, the council may petition the Governor praying that
the Governor may—
(a)
determine any trust on which the land is held by the council;
(b)
dedicate the land as park lands.
(2) Upon receipt of
any such petition the Minister—
(a) must
publish the substance of the petition at least twice in a newspaper
circulating in the area, and at least twice in a newspaper published in
Adelaide, calling on any persons objecting to the exercise of the powers under
this section to state their objections to the Minister; and
(b) must
cause any inquiries the Minister may think fit to be made with a view to
ascertaining whether any rights for burial purposes exist over the land and
for otherwise ascertaining whether there is any reason why the powers given by
this section should not be exercised.
(3) If the Governor is
satisfied that the powers given by this section should be exercised, the
Governor may by proclamation—
(a)
determine any trust on which the council holds the land; and
(b)
dedicate the land as park lands.
(4) No such
proclamation may be made until the expiration of six months after the
publication of the last notice referred to above.
(5) Upon the making of
any such proclamation—
(a) any
such trust is determined; and
(b) any
right for burial purposes in relation to the land is determined; and
(c) the
land becomes park lands.
(6) The council must
in addition to paying the costs of the advertisements pay to the Minister the
cost of any inquiry under this section.