Full description
Background
The Joint Committee of Necropolis Trustees [II] which had been constituted under the Rookwood Necropolis Act 1901 was abolished by amendments made by the Rookwood Necropolis Repeal Act 2009 (Act No.42, 2009) to the Crown Lands Act 1989 (Act No.6, 1989) with effect from 1 July 2009. Section 52 abolished both the Joint Committee of Necropolis Trustees and the old Rookwood Necropolis Trust which had been briefly established under section 92 (1) by notification published in NSW Gazette No.73, 15 May 2009, p.2244. The successor to the Joint Committee of Necropolis Trustees [II] was the new Rookwood Necropolis Trust. (1)
New Rookwood Necropolis Trust established
A reserve trust under the name Rookwood Necropolis Trust was established on 1 July 2009 under section 53 (1) of the Crown Lands Act 1989 and it was appointed as trustee of the unallocated lands of Rookwood Necropolis. (2) The new Rookwood Necropolis Trust was taken to be a continuation of, and the same legal entity, as the former Joint Committee of Necropolis Trustees. (3) The Joint Committee of Necropolis Trustees, which had originally been formed in 1923 to manage infrastructure and common interests across the Necropolis, was replaced by the Rookwood Necropolis Trust. (4)
Rookwood Necropolis and its trustees
Rookwood Necropolis was defined as the land comprising Lot 500, Deposited Plan 1015565, Lot 7053, Deposited Plan 1029128, and Lot 10, Deposited Plan 829656, being land at Haslem's Creek and Rookwood that, immediately before 1 July 2009, was set aside for use as a cemetery or crematorium, or for conservation as a historic site, under the Rookwood Necropolis Act 1901. (5)
Rookwood Necropolis, which was established in 1867, is one of the world’s largest burial grounds, comprising a 283 hectare area of graves and memorials. Rookwood is a complex site which was divided into thirteen separate areas managed by two cemetery trusts, the Rookwood Necropolis Trust and also the Office of the Australian War Graves. Each of the two cemetery trusts was governed by a body of honorary trustees. These cemetery trusts managed, in effect, separate cemeteries for the burial of deceased members of various religions and Christian denominations, as well as a general cemetery area. There is also a general crematorium that is constructed on land that has been leased to the New South Wales Cremation Company Limited since 1926. The Catholic Metropolitan Cemeteries Trust began operating a second crematorium on the site in 2007. All reserve trusts at Rookwood work under the authority of NSW Minister for Lands. The cemeteries were managed by the Catholic Metropolitan Cemeteries Trust and the Rookwood General Cemetery Reserve Trust. The Office of Australian War Graves, Canberra, manages the Sydney War Cemetery and the NSW Garden of Remembrance. The New South Wales Cremation Company Limited is a fully owned subsidiary of Invocare Ltd. (6)
Rookwood Necropolis Land Manager and related land managers
Under the Crown Land Management Regulation 2018 (under the Crown Lands Management Act 2016 (Act No.58, 2016), which was proclaimed on 1 July 2018, all Crown Reserve Trusts transitioned to Land Managers. Hence the Rookwood Necropolis Trust was renamed as the Rookwood Necropolis Land Manager. Under Regulation 16 Rookwood Necropolis Land Manager was named as one of the Category 1 non-council managers. (7) A non-council manager of dedicated or reserved Crown land assigned to category 1 may, with the written consent of the Minister, exercise any of the functions of the Minister over the land, including, without the Minister's consent, (a) granting leases or licences for a term of 10 years or less (including any option for the grant of a further term), (b) granting easements in connection with these leases or licences, (c) making minor changes to leases or licences, and (d) any other kind of functions authorised by the manager’s appointment instrument, the regulations or an applicable plan of management. (8)
On 1 March 2022 a new functional structure was implemented following a statutory review of the Crown Land Management Act. Northern Metropolitan Cemeteries Land Manager, Rookwood General Cemeteries Reserve Land Manager, Rookwood Necropolis Land Manager, and Southern Metropolitan Cemeteries Land Manager were to report to one Administrator in a governance function under the Office of OneCrown Cemeteries. The Administrator was appointed under Schedule 5, Clause 29 (1) of the Crown Land Management Act 2016 and all entities were managed as controlled entities of State Government. (9)
On 30 June 2023 the amalgamation of Rookwood General, Northern Metropolitan and Southern Metropolitan cemeteries was completed by OneCrown Cemeteries under the new name of Metropolitan Memorial Parks. (10)
While Rookwood Necropolis Land Manager was not part of that amalgamation it continued to report to the same Administrator as that of the Metropolitan Memorial Parks Land Manager. (11)
Endnotes
1. Crown Lands Act 1989 (Act No.6, 1989) Schedule 8 Part 6 cl. 52 as inserted by the Rookwood Necropolis Repeal Act 2009 (Act No.42, 2009) Schedule 1.
2. Crown Lands Act 1989 Schedule 8 Part 6 cl. 53 (as amended); Commencement proclamation under the Rookwood Necropolis Repeal Act 2009 (2009 No 302) NSW Legislation Website, 1 July 2009.
3. Crown Lands Act 1989 Schedule 8 Part 6 cl. 53 (3).
4. Rookwood Necropolis Trust website, About Us http://rookwoodnecropolistrust.com.au/about-us/(accessed 30 September 2024).
5. Crown Lands Act 1989 Schedule 8 Part 6 cl. 51 Definitions.
6. Rookwood Necropolis Trust website, About Us, http://rookwoodnecropolistrust.com.au/about-us/ (accessed 27 September 2024).
7. Crown Land Management Regulations 2018 under the Crown Land Management Act 2016 (2018 No 88) NSW Legislation Website, 16 March 2018 (16 (f).
8. Crown Land Management Act 2016 (Act No.58, 2016) s.3.26.
9. NSW Government Gazette No.222, 27 May 2022, p.20.
10. Press release, Minister for Lands and Property, 'OneCrown cemeteries to be amalgamated on 1 July under new name', 23 July 2023, https://www.nsw.gov.au/media-releases/onecrown-cemeteries-to-be-amalgamated (accessed 30 September 2024); NSW Government Gazette No.279 30 June 2023, [n2023-1056] (Metropolitan Memorial Parks Land Manager).
11. NSW Government Gazette No.231, 2 June 2023, [n2023-0853] (Northern Metropolitan Cemeteries Land Manager, Rookwood General Cemeteries Reserve Land Manager, Rookwood Necropolis Land Manager, and Southern Metropolitan Cemeteries Land Manager); NSW Government Gazette No.195, 31 May 2024, [n2024-0961] (Rookwood Necropolis Land Manager).
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