AGY-4087 | Joint Committee of Necropolis Trustees [I]

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Background
The Haslem’s Creek Cemetery (later known as Rookwood Cemetery) was established by the Necropolis Act 1867 (31 Victoria, No.14). The Act allowed for the gazettal of 200 Acres of Land purchased in 1862 from Edward Cohen at Haslem’s Creek (1), for the purposes of a cemetery. (2) A new cemetery was required to be established, as existing cemeteries were becoming overcrowded. (3) The name of the cemetery was changed by gazettal to “the Necropolis” on 5 February 1867. (4) The first burials at the Necropolis occurred in 1867. (5)

The cemetery was to be divided into a general cemetery and denominational sections, with each section to be managed by a trust. The following denominational trusts were appointed under Schedule A of the Necropolis Act 1867: Church of England, Roman Catholic, Presbyterian, Wesleyan, Independent, and Jewish. The Necropolis (Additional Areas) Act 1893 (56 Victoria, No.25) added Lutheran, and Methodists to the Denominational Sections of the Necropolis. (6) The Necropolis Act 1901 (No.20, 1902) consolidated legislation relating to the Necropolis, especially the rights and responsibilities of the denominational trustees.

The Joint Committee of Necropolis Trustees [I]
The Joint Committee of Necropolis Trustees [I] was established under amendments to the Necropolis Act 1901 (No.20, 1902) by the Necropolis (Amendment) Act (No.30, 1923). (7) The Act was assented to on 14 December 1923. The Committee was to consist of a representative of each of the denominational trusts, and was to be appointed by the Governor each January. The First members of the Committee were appointed on 30 January 1925, and consisted of: J.S Hawthorne, Church of England and General, L.T Courtney, Roman Catholic, W.Wood, Presbyterian, J.Yeo, Methodist, W.Ardill, Independent, F.J.Barker, Society of Friends, O.Phillips, Jewish, C.A .L Staheckler, Lutheran, C.P.Earle Crematorium. (8) The main function of the Committee was to have the care and management of fences, roads, paths, drains, extension, plantations within the Necropolis and other necessary work (9) The control and management of land within the Necropolis however, resided in the denominational Trust that had been appointed over it. (10) The Committee was also required to make an estimate of the amount required for the maintenance of the Necropolis, and to levy each body of trustees for the amount required to meet the annual maintenance budget. (11)

The Necropolis (Amendment) Act 1973 (No. 4, 1973) removed the necessity of the annual appointment of Committee members. The committee was to consist of members appointed before the amending Act. (12) The first committee was abolished under the Second Schedule of the Necropolis (Amendment) Act 1986 (No.145, 1986). (13) The Committee was reconstituted as a corporation in April 1988. (14)

Endnotes
1. David Weston (ed.), The Sleeping City: the Story of the Rookwood Necropolis, Society of Australian Genealogists in conjunction with Hale & Iremonger, Sydney, 1989 p. 10.
2. An act for the establishment and regulation by Trustees of a General Cemetery near to the City of Sydney to be called “The Necropolis” 1867, Preamble.
3. Weston, op. cit. p.9.
4. NSW Government Gazette 5 February 1867 p. 337.
5. Weston, op. cit. p.15.
6. Necropolis (Additional Areas) Act 1893, s.2 and Schedule G and H.
7. Necropolis (Amendment) Act 1923 s 3. A new s.18A (2) - (5) of the Principal Act.
8. NSW Government Gazette, 30 January 1925 p. 617.
9. Necropolis Act 1901 s. 18A (2).
10. Ibid. s.11.
11. Ibid s. 18 (3) – (4).
12. Necropolis (Amendment) Act 1973 s. 4(a), and (b). A new S. 18B (1) – (7) of the Principal Act.
13. Necropolis (Amendment) Act 1986 Second Schedule. A new Fifth Schedule (Savings and Transitional Provisions) s.3 of the Principal Act.
14. NSW Government Gazette, 18 March 1988, p.1809.

References
(1) Administrative History of the Joint Committee of Necropolis Trustees, unpublished, n.d. from State Records (NSW) File 04/0350.
(2) NSW Government Directories 1977 – 1988.
(3) The Joint Committee of Necropolis Trustees submission to The Inquiry into the Definition of Charities and Related Organisations, Canberra, 14, December 2000 from the Charities Definition Inquiry Website http://www.cdi.gov.au/submissions/20-JointCommitteeNecropolisTrustees.doc (accessed 25/10/2004).