Crown reserve used for cemeteries
52 Crown reserve used for cemeteries
This clause applies to—
land that, immediately before the commencement, was used as a cemetery managed by the Metropolitan Memorial Parks Land Manager, and
any proceeds or other property arising from the use of the land referred to in paragraph (a) as a cemetery that, immediately before the commencement, were subject to any equitable interests or trusts for charitable purposes.
From the commencement—
any equitable interests or trusts for charitable purposes existing in or arising from the use of the land as a cemetery are extinguished, including any equitable interests or trusts in the proceeds or other property arising from the use of the land, and
land that, immediately before the commencement, was subject to a charitable trust referred to in paragraph (a) is vested in the Crown as a Crown reserve for the purpose of a cemetery, and
the Crown land manager for the land is the person who, immediately before the commencement, held the land, and
proceeds or other property arising from the use of the land that, immediately before the commencement, were subject to a charitable trust, are vested in the Crown land manager for the land in the manager’s capacity as Crown land manager.
No equitable interest is created in Crown land merely because of the use of the Crown land as a cemetery in accordance with this Act.
This clause does not apply in relation to the CCC Trust within the meaning of the Catholic Cemeteries and Crematoria Trust Act 2024.
In this clause—
commencement means the commencement of this section.
Metropolitan Memorial Parks Land Manager means the land manager of that name constituted under this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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