2 Revocation of any Order in Council reserving land in Schedule 3
3 Re-vesting of land in His Majesty 3
4 Society to maintain and protect graves 3
Schedule 4
Endnotes 5
1 General information 5
2 Table of Amendments 7
3 Amendments Not in Operation 8
4 Explanatory details 9
Version No.002
Ararat Land Act 1926
No. 3484 of 1926
Version as at
1 June 2019
An Act to revoke the Reservation of certain Land situate in the Township of Ararat as a Site for the Interment of the Dead and for other purposes.
Preamble
WHEREAS by a notification dated the thirty-first day of August One thousand eight hundred and sixty-one published in the Government Gazette of the same date and on various dates thereafter it was notified in pursuance of the Act 24 Victoria No. 117 intituled "An Act for regulating the Sale of Crown Lands and for other purposes" that upon the expiration of one month from the date of the said notification it was the intention of the Governor in Council to permanently reserve inter alia the land described in the said notification and in the Schedule to this Act which land was in the said notification referred to as "The old burial ground in the township of Ararat, parish of Ararat and county of Ripon":
AND WHEREAS the said land was used as a place of interment for the dead:
AND WHEREAS by an Order in Council dated the sixth day of March One thousand eight hundred and sixty-five the Governor in Council placed the said land under the control of the Trustees of the Ararat Public Cemetery:
AND WHEREAS the said land is not used for the interment of the dead:
AND WHEREAS (with the exception of the remains of two deceased persons) all known human remains interred therein have been exhumed therefrom and reinterred:
AND WHEREAS the said land in contiguous to certain land in the occupation of the society known as the Ararat Agricultural Horticultural and Pastoral Society portion of which last-mentioned land was by Order in Council of the sixteenth day of February One thousand eight hundred and sixty-three temporarily reserved as a site for show-yards for the exhibition of stock and produce in connexion with the said society therein described as the Ararat Agricultural Society and the remaining portion of which last-mentioned land was by Order in Council of the twenty-second day of December One thousand nine hundred and two temporarily reserved from sale as a site for show-yards in addition to and adjoining the site temporarily reserved therefor by the said Order of the sixteenth day of February One thousand eight hundred and sixty-three:
AND WHEREAS the said society has applied to have the land described in the Schedule to this Act added to the aforesaid land now in its occupation for the purposes aforesaid:
AND WHEREAS the said society has agreed to surround the graves of deceased persons whose remains have not been exhumed as aforesaid with fences and to maintain such fences in a proper state of repair and otherwise properly to protect such graves:
AND WHEREAS it is expedient that the land described in the said Schedule should be reserved pursuant to the Land Acts as a site for the exhibition of stock and produce:
BE IT THEREFORE ENACTED by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title
This Act may be cited as the Ararat Land Act 1926.
2 Revocation of any Order in Council reserving land in Schedule
Any Order in Council reserving the land described in the Schedule to this Act as a site for the interment of the dead is hereby revoked and no further interments shall be made therein.
3 Re-vesting of land in His Majesty
The land described in the said Schedule—
(a) is hereby re-vested in His Majesty freed and discharged from all trusts limitations and restrictions whatsoever;
(b) shall be deemed to be and may be dealt with as unalienated land of the Crown; and
(c) may pursuant to the Land Acts be reserved as a site for show-yards for the exhibition of stock and produce.
4 Society to maintain and protect graves
The Ararat Agricultural Horticultural and Pastoral Society shall to the satisfaction of the Minister surround the graves of those deceased persons whose remains have been interred in the land described in the Schedule to this Act but have not been exhumed therefrom with fences and maintain such fences in a proper state of repair and otherwise properly protect such graves.
Schedule
Description of The Old Burial Ground in the township of Ararat, parish of Ararat, county of Ripon (vide Government Gazette of the 31st August, 1861, page 1673)
Two acres one rood thirty-five perches: Commencing at the south-east angle, bearing from the north-west angle of the hospital reserve S. 0° 16′ W. twenty-seven links; thence S. 73° 5′ W. five chains forty links; thence S. 23° 19′ E. four chains thirty-eight links; bounded on the east by a line gearing N. 1° 30′ W. four chains eighty links; thence on the north by a line bearing S. 88° 30′ W. five chains fifteen links; thence on the west by a line bearing S. 1° 30′ E. four chains eighty links; thence on the south by a line bearing N. 88° 30′ E. five chains fifteen links to the point of commencement.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Ararat Land Act 1926 was assented to on 23 December 1926 and came into operation on 23 December 1926.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Ararat Land Act 1926 by Acts and subordinate instruments.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.