Servicemen buried on land at centre of rates dispute

At The Forest Cemetery, some 40 people have been laid to rest, from 1877 until the 1990s. They include members of the Grubb, Clark, McMahon, Brewer, Price, Maxwell, Allen and Austin families.

The earliest grave was that of Oswald Grubb, who died aged six years in 1877.

There are also three ex-servicemen lying in its grounds – Henry Robert Grubb, Burtie Watling and David Ernest Gray.

Goulburn RSL Sub Branch secretary and historian Rod MacLean fears for the cemetery’s future if Council sells the land for unpaid rates (see related story).

“I’d like to see the cemetery preserved, if only in respect for what these blokes did,” he told the Post.

“They’re stuck out here in the middle of nowhere, but that’s probably how they’d like it after what they went through.”

Mr MacLean said there were several similar private cemeteries in the district where servicemen were buried, including ‘Kippilaw,’ Bronte, between Bungonia and Windellama, and another at Canyonleigh.

Henry Grubb was born at ‘Mt Pleasant,’ Middle Arm but spent most of his time at ‘Greenwich Park,’ near Marulan, according to Mr MacLean’s research.

He enlisted in Goulburn on July 31, 1915, served in the 56th Battalion and was killed in action at Fleurbaix on August 31, 1916.

“He was standing in a trench observing when he was killed by erratic fire by the Germans,” Mr MacLean said.

His father, Arthur Ernest Grubb, who died in 1941, and his mother Marian (1869-1950) are buried in the same grave.

Mr MacLean said Henry’s great grandfather was killed in the Battle of Waterloo in 1815.

Henry enlisted on the same day as his first cousin, Lindsay Murray, who served in the 53rd Battalion and died on July 28, 1916 from wounds suffered at Fromelles. He is buried at Breadalbane.

Also lying at The Forest cemetery is Burtie Watling, who was born in Marulan, became a surveyor and enlisted for service on October 8, 1916.

He served with the 55th Battalion, was wounded in action on July 4, 1918 in France, north of Sailly Le Sec but recovered. He was discharged from the army in October, 1919 and died in October, 1965.

Then there’s David Ernest Grubb, who enlisted in 1939, served with the 9th Division Supply Column and according to Mr MacLean would have been a Rat of Tobruk and spent time at El Alamein. He was discharged in February, 1947.

The cemetery was established by private landholders and the title rests with Albert Frederick Grubb (d. 1930) and John Augustine Bourke, Council records stated.

But tracking down who is responsible for nearly $1500 in unpaid rates has proved a difficult task.

Corporate services director Brendan Hollands said one of the owners had been dead for 80 years and the land title hadn’t been transferred. Someone had been paying the rates but when they passed away, responsibility was not handed on to anyone.

“When we advertised it for sale, the people who look after it came forward,” he said.

“…We’re working with them to overcome some of the issues…The main thing is to get the title issues sorted so it doesn’t float along without a registered owner.”

The council is also liaising with NSW Health to have the cemetery registered. As a private cemetery, it was not on council records, Mr Hollands said.

Planners are also investigating whether it requires a development application or if, after so many years, it has existing rights.

Councillors at their most recent meeting decided in a closed session to continue the property’s sale unless three conditions were met.

These were: That satisfactory arrangements are put in place to repay the outstanding debt and annual rates within a year;  that evidence is furnished from NSW Land and Property that the title issues are in the process of being addressed; and that evidence is furnished from NSW Health that any compliance issues regarding cemetery are being addressed.

“If the people can show they’re working with the resolution, then we’re happy to withdraw it from sale,” Mr Hollands said.

Despite the ownership issues, the cemetery has been fenced and well maintained over the years.