Catholic Cemeteries and Crematoria Trust Act 2024

This Act is the Catholic Cemeteries and Crematoria Trust Act 2024.

This Act commences on 30 June 2024.

In this Act—

additional CCC land means land acquired in accordance with section 9.

CCC means Catholic Cemeteries and Crematoria Limited, ACN 638 153 689.

CCC land means the following land, other than land that has been divested, gifted or otherwise transferred from the Crown estate—

existing CMCT land,

additional CCC land,

land in relation to which the functions of a Crown land manager have been delegated to the Trustee of the CCC Trust under the Crown Land Management Act 2016.

CCC Trust means the equitable trust referred to in the decision in Catholic Metropolitan Cemeteries Trust v Attorney General of New South Wales [2024] NSWCA 30.

cemetery has the same meaning as in the Cemeteries and Crematoria Act 2013.

CMCT means the Catholic Metropolitan Cemeteries Trust.

existing CMCT land means land described in Schedule 1.

Note—

The land described in Schedule 1 is land that was managed or operated by CMCT immediately before 30 June 2024.

Note—

The Interpretation Act 1987 also contains definitions and other provisions that affect the interpretation and application of this Act.

The existing CMCT land is vested in the Crown free of any other interest, including equitable interests, whether the interests were created by statute law, the common law or otherwise.

No duty is payable in relation to the vesting of land in the Crown under subsection (1).

All assets, rights and liabilities of CMCT immediately before 30 June 2024, other than the existing CMCT land, are transferred to CCC as Trustee of the CCC Trust.

No duty is payable in relation to the transfer of property under subsection (1).

The charitable purpose of the CCC Trust is modified as follows—

the burial or cremation, or other interment or disposal, by the Roman Catholic denomination, of the remains of the dead of the Catholic faith, another faith or no faith on cemeteries situated on CCC land, including the following—

the control, operation and management of cemeteries, including the general and perpetual care and maintenance of cemeteries,

the consecration and blessing of land in connection with the blessing of the dead,

the erection and maintenance of chapels and other sacred spaces,

the provision of funerary services,

the acquisition of new land for, or establishment of, new cemeteries or improvements to cemeteries, including the erection of structures on land for use by 1 or more faith groups or persons of no faith,

the conduct of—

Catholic religious masses, or

ceremonies for other faiths or persons of no faith,

the administration of sacraments and funeral rites to persons approaching death or grieving the dead,

the carrying out of corporal works of mercy, or rites recognised by other faiths, in connection with the dead,

other matters that are—

incidental or ancillary to the purpose for which the land is reserved under the Crown Land Management Act 2016, and

complementary to the public use of Crown land.

Subject to subsections (3)–(5), assets, rights and liabilities derived from the care, control, management and administration of, and dealings with, CCC land and other property of the CCC Trust are vested in the CCC Trust.

Proceeds arising from the divestment of Crown land under the Crown Land Management Act 2016 that, immediately before its divestment, was CCC land are not vested in the CCC Trust.

If the CCC Trust is no longer associated with the management of CCC land, proceeds arising from the care, control, management and administration of the land do not form part of the CCC Trust.

Despite subsection (2), for CCC land that is jointly managed under the Crown Land Management Act 2016, arrangements for the distribution of assets, rights and liabilities derived from the care, control, management and administration of, and dealings with, the land will be—

as agreed in writing between the relevant joint Crown land managers, or

in the absence of an agreement—as directed by the Minister.

To avoid doubt, words used in the charitable purpose of the trust, as modified by subsection (1), that are also used in this Act have the same meaning as in this Act.

The Trustee of the CCC Trust is—

the CCC, or

if the CCC ceases to be the Trustee of the CCC Trust—another person appointed under the Charitable Trusts Act 1993, or another Act or law governing the CCC Trust.

To avoid doubt, the operation and enforcement of the CCC Trust is subject to the Charitable Trusts Act 1993.

The Trustee of the CCC Trust may use trust property to acquire new land only if—

the land is acquired for a trust purpose, and

the instrument providing for the acquisition of the land provides for—

the land to be transferred to the Crown without compensation, and

the land to become CCC land immediately on acquisition, and

the Minister consents to paragraph (b)(i) and (ii).

The land is taken to be transferred to the Crown in accordance with the instrument that provides for the acquisition of the land.

When the land is transferred under subsection (2), any equitable interest in the land is extinguished.

The Trustee of the CCC Trust may exercise the Trustee’s functions in relation to land acquired under subsection (1) in accordance with the CCC Trust, whether or not the land has become Crown land.

As soon as practicable after the land becomes Crown land, the land must be reserved for a public purpose under the Crown Land Management Act 2016.

This section applies to the InvoCare site.

The setting apart of the InvoCare site, by a proclamation made under the repealed Rookwood Necropolis Act 1901, section 8A, for use in connection with a crematorium is revoked.

In this section—

InvoCare site means Lot 6, DP 1140277.

No compensation is payable arising from the enactment, or operation, of this Act.

Without limiting subsection (1), no compensation is payable in relation to any of the following arising from the enactment, or operation, of this Act—

the vesting of land in the Crown,

the extinguishment of interests, including equitable interests,

the vesting of property in a Crown land manager.

In addition, no compensation is payable for a disbursement or other action by the Trustee of the CCC Trust in relation to trust property if the disbursement or other action is permitted under the CCC Trust in accordance with this Act.

The Governor may make regulations about the following matters—

a matter that is required or permitted to be prescribed by this Act,

a matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.