South Australian Consolidated Acts

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LOCAL GOVERNMENT ACT 1934 - SECT 588

588—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.



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