NSW Vesting of Catholic Metropolitan Cemeteries Trust Land in the Crown

Catholic Cemeteries and Crematoria Trust Bill 2024

Legislative Assembly

Legislative Council

Assent

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Effects of this bill

If this bill passes, it means that:

Land managed by the Catholic Metropolitan Cemeteries Trust as of 30 June 2024 is vested in the Crown
The Crown holds this land free of all other interests
No person can claim compensation for the vesting of land or the loss of interests
Equitable interests or charitable trusts for land used as cemeteries managed by the Metropolitan Memorial Parks Land Manager are extinguished
Non-land assets and liabilities of the Catholic Metropolitan Cemeteries Trust transfer to Catholic Cemeteries and Crematoria Limited
The Catholic Cemeteries and Crematoria Trust can now manage burials and cremations for people of any faith or no faith
Joint managers of Catholic Cemeteries and Crematoria land must agree in writing how to distribute assets; otherwise the Lands Minister decides

The Debate

What different members said when this bill was debated:

Susan Carter LIB

“It seems rather fitting, if somewhat surreal, that after midnight we are discussing what happens at the midnight of our lives, in debating the Catholic Cemeteries and Crematoria Trust Bill 2024. Death is one of the two immutable certainties, and funerals and respectful burial practices are a key marker of the existence of an ordered and civilised society.”

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Cate Faehrmann GRN

“The Greens strongly oppose the Catholic Cemeteries and Crematoria Trust Bill 2024. It is fitting that we are meeting here after midnight. It is giving me flashbacks to midnight mass, which I religiously attended with my dad as a little Catholic girl in my hometown of Laidley in country Queensland. Just to put it on the record, I had 12 years of Catholic education.”

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John Graham ALP

“I thank the Hon. Susan Carter for her contribution, and the Opposition for supporting the bill. I thank Ms Cate Faehrmann for her contribution to the debate. She has expressed her views in a range of ways on other occasions also, but not in as lengthy a form. I will address some of the matters she raised. In particular, I will address the matter of consultation.”

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News articles and press releases

Catholic Cemeteries and Crematoria Trust Bill 2024

Mr STEPHEN KAMPER, Minister for Small Business — 2024-06-06

The narrow terms of the trust mean that CMCT has inadvertently breached the trust in two ways: by interring the dead of all faiths and those without a faith; and by using proceeds from Rookwood to provide burial services at other sites. I may say that all that was done in good faith. In other words, the terms of the trust do not allow CMCT or its successor to operate in a way that serves the whole community. As a modern Crown cemetery operator, CMCT manages its cemeteries as a portfolio and for the benefit of all people in need of burial services. It is critical that CMCT’s successor is empowered to continue to do so. The bill expands the trust’s narrow purpose. CMCT’s successor will be able to use those trust funds to bury people of all faiths, and those without a faith, across all its Crown cemeteries.