Waldau Cemetery - The Government Decision to Close

The Waldau Cemetery at Doncaster was the burial ground for the original Lutheran Church that stood on the present site of Schramm's Cottage. The first burial was in 1854. On October 1st 1888 by order of the Governor-in-Council, the cemetery was closed. During the years it was open, 125 adults and children were buried there.

This article looks at the background to the closure of the cemetery.

In a letter from Max Schramm dated 23 March 1888 to the Secretary of the Board of Land and Works, Melbourne enquiring on steps to register the cemetery in Doncaster he wrote: - 

Sir,

About a month ago one of our Lutheran ministers received a notice from the Secretary of the Central Board of Health intimating that it is illegal to bury in a cemetery, which is not registered. We have such a Cemetery here in Doncaster, that has been used by my German Lutheran congregation since 1858. On inquiring at the Register-General’s Office, what steps I should take to have this cemetery registered, I was referred to you. I therefore have the honor to ask you to inform me, how to act in this matter.

I have the honor to be,  Sir, Your obedient servant, Max Schramm Lutheran Minister

PROV Records - "No Further Burials Within the Doncaster Lutheran Church, Bulleen". PROV Ref VPRS 242/P0000.  Letter from Max Schramm dated 23 March 1888 to the Secretary of the Board of Land and Works, Melbourne enquiring on steps to register the cemetery in Doncaster.


The Office of Lands and Survey considered the enquiry and in a response of 26 March 1888 back to Pastor Schramm he was asked to provide further information including a plan of the ground.
A letter from Max Schramm dated 4 April 1888 was written back to the Secretary for Lands providing additional information on the application: -
Sir,
Conforming to your letter No. 39217 - No.88/1109 dated 26th ultimo, I have the honor to request on behalf of the trustees of the Burial Ground of the Lutheran Congregation in this place that the same be proclaimed a Cemetery, in pursuance with the power granted in the Governor in Council by Act 34 Vic. No. 310 Section 2.
A plan of the ground accompanies this application.
I have the honor to be,
Sir, Your obedient servant, Max Schramm, Lutheran Minister.
The accompanying plan of the cemetery site showed the location of the church building, roadways and pathways, general location of three areas of graves, dimensions of the site in links with north boundary 336½ links (67.6 metres) and east boundary 434½ links (87.3 metres)), the abutting Finger’s property to the north, east and south and the road on the west boundary noted as “This road runs south ½ mile into the Main Road to Warrandyte.”
 
"No Further Burials Within the Doncaster Lutheran Church, Bulleen". PROV Ref VPRS 242/P0000.  The accompanying plan of the cemetery site to the letter from Max Schramm dated 4 April 1888 to the Secretary for Lands


The Superintending Engineer and Inspector of the Central Board of Health Mr S. K LeCapelain subsequently inspected the site and prepared a two-page report dated 11th April 1888 headed “Report of S. K. LeCapelain Superintending Engineer and Inspector, relative to the German Lutheran Cemetery” and wrote: -
I have today visited this cemetery, which is situated on the side of the Ruffey Creek, a tributary of the Yarra, and comprises an area of nearly two acres, There are about 100 graves, some of these on the very edge of a cutting recently made for lowering the surface of a road to a gradient leading over a bridge now in the course of construction over the creek and the coffins or remains in some of these will have to be removed to properly and safely complete the slopes of the cutting. The subsoil is laminated clay on alternative thin beds or strata of shale, slate and sandstone; the beds inclining slightly towards the creek. As the depth below the surface to the hard strata varies, any subdrainage from the graves would easily soak into the creek. Altogether these conditions are unfavorable to the further use of this site for burial purposes. There appears sufficient space for a new church building in place of the old one without disturbing and of the graves and I suppose this course be adopted unless there be any other special reason for objection. As to the cemetery, I would advise that a new site be taken up by the different denominations in this district for a general burial ground.
Signed S. LeCapelain C.E., S.I.

PROV Records - "No Further Burials Within the Doncaster Lutheran Church, Bulleen". PROV Ref VPRS 242/P0000. Two-page report of S. K LeCapelain (of the Central Board of Health) dated 11th April 1888 headed “Report of S. K. LeCapelain Superintending Engineer and Inspector, relative to the German Lutheran Cemetery


In a reply back to the Secretary of Lands on 16 April 1888, the President of the Central Board Health Mr A.P. Akehurst wrote: - 

The Central Board is unable to advise the proclamation asked for and having made signing, further thinks that no more internments in the piece of ground in question, should be permitted. A copy of the report of the Board’s Inspector (and which was approved at its meeting on the 13th inst.) is attached.

Unlike today where correspondence with Government departments can take months to receive a reply, Pastor Schramm appearing concerned that he had not received a response to his letter of 4 April 1888 and in a letter dated 16 April 1888 to The Secretary for Lands, he renewed his earlier application and included another similar hand-drawn plan of the cemetery site: -

Sir, 
On the 4th inst, I had the honor to acknowledge your letter dated 26th March 1888 and on behalf of the trustees of the Church property of the Lutheran Congregation at Doncaster to make application that their Burial Ground, which has been in use for fully 30 years, be proclaimed a Cemetery, in pursuance with the power granted to the Governor in Council by Act 34 Vict No 314 Section 2. As up to date I have not received an answer to that letter, I have the honor to renew the above application.
I have the horror to be, Sir Your most obedient servant, Max Schramm, Lutheran Pastor


A two-page memo dated 12 May 1888 from the Offices of the Central Board of the Public Health Department to The Chief Secretary on the proposed action to prohibit further internments, and also the need for a suitable site for a public cemetery to be set apart and gazetted, advised:

Sir,
I have the honor on behalf the Central Board of Health to bring to your notice that some papers more recently referred to this Board respecting a piece of ground used for some years past for burials at Doncaster and which ground belongs to the Lutheran body.
It has never, as far as we understand, been a duly appointed Cemetery, and the time has arrived when a proper site for a Cemetery should be set apart and in the Central Boards opinion, interments in the Lutheran Church ground should cease.
I beg leave therefore to support that this letter be referred to the Honorable the Minister of Lands and that as soon as a suitable site for a public cemetery is set apart and gazetted, an Order in Council should issue prohibiting future internments in the grounds attached to the Lutheran Church in Doncaster.
I have the honor to be, Sir Your most obedient servant. (signed) A.P.  Akehurst


In a note by the Secretary of Lands dated 18 May 1888 to the Under Secretary, it advised that there was not a need for an additional cemetery: -

There are public cemeteries at the Box Hill, Templestowe, Kew and Heidelberg respectively, the distance from Doncaster ranging from 2½ to 4½ miles. It does not appear that an additional Cemetery is required at present.
(signed) Secretary for Lands 

A memo dated 29 May 1888 from the J. W. Colville, Secretary Central Board of Health to the Under Secretary also advised on no need for a further cemetery: -

As is appears that an additional cemetery is not required, it is assumed that the Board’s suggestion as to the prohibition of future interments can now be dealt with.
The suggestion as to the setting apart a site was based on a report of the Board’s Inspector and Engineer, who states he advised a new site simply from having heard when at Doncaster that the nearest cemeteries were not easily accessible and he had no plans to check such statements.
(signed) J. W. Colville, Sec Central Bd Health

In a memo dated 9 June 1888 by the Secretary of Lands to Office of Lands and Survey on discontinuance of burials it was recommended that in pursuance of Section 3 Act 31 Vic 310 to amend the Laws relating to or affecting Public Health the Governor in Council order that burials in the ground connection with the Lutheran Church at Doncaster, be discontinued after 1st October 1888.
The recommendation was submitted for the decision of His Excellency the Governor in Council and the stamp of approval by the Governor in Council dated 12 June 1888 was made and signed by Rob Wadsworth, Clerk of the Executive Council.   
 
PROV Records - "No Further Burials Within the Doncaster Lutheran Church, Bulleen". PROV Ref VPRS 242/P0000.  14i, 14ii, 14iii - Memo by the Secretary of Lands to Office of Lands and Survey dated 9 June 1888 on discontinuance of burials.  Recommendation for closure with stamp of approval by the Governor in Council dated 12 June 1888


The order made at the Executive Council Chamber, Melbourne, the twelfth day of June 1888 for the discontinuance of burials read: -

BURIALS IN THE GROUNDS IN CONNECTION WITH THE LUTHERAN CHURCH AT DONCASTER DISCONTINUED.
At the Executive Council Chamber, Melbourne, the twelfth day of June 1888
PRESENT: His Excellency the Governor, Mr. Wrixon, Mr. Nimmo, Mr. Pearson, Mr. Derham, Sir James Lorimer, Mr. Davies.
WHEREAS by a Statute of the Parliament of Victoria No 310, intituled An Act to amend the Laws relating to or affecting the Public Health, it was enacted that in case it should appear to the Governor in Council that burials in any cemetery, under any law relating to public cemeteries, or in any other burial-ground or place of burial whatsoever, should be wholly
discontinued, or should be discontinued subject to any exemption or qualification, the Governor in Council might, by an Order to be published in the Government Gazette, direct that after a time to be mentioned in such Order, not being less than three months from the date thereof, burials in such cemetery, or burial ground or place of burial should be discontinued wholly, or subject to any exceptions or qualifications mentioned in the same, or in any subsequent Order, and might from time to time postpone the time mentioned in such Order for the discontinuance of burials thereunder, or other operation of such Order, should or should not have arrived: And whereas it appears to the Governor in Council expedient that burials in the grounds in connection with the Lutheran Church at Doncaster should be discontinued: Now therefore His Excellency the Governor, with the advice of the Executive Council, doth by this present Order direct that all burials in the grounds in connection with the Lutheran Church at Doncaster shall be wholly discontinued on and after the 1st day of October now next ensuing.
And the Honorable John Lamont Dow, Her Majesty's Commissioner of Crown Lands for Victoria, shall give the necessary directions herein accordingly.
Rob Wadsworth
Clerk of the Executive Council

 
PROV Records - "No Further Burials Within the Doncaster Lutheran Church, Bulleen". PROV Ref VPRS 242/P0000.  The order made at the Executive Council Chamber, Melbourne on the twelfth day of June 1888 for the discontinuance of burials.


The Order was subsequently published in the Victorian Government Gazette No. 54 of June 15 1888, page 1964 under authorisation of Rob Wadsworth, Clerk of the Executive Council.

The last burial at Waldau cemetery was that of Ludwig Thomsen, aged 8 years old, on 24 June 1888.

Sources:
Public Record Office of Victoria: - Record Reference: PROV VPRS 242/P0000 - No Further Burials Within the Doncaster Lutheran Church Lutheran Church; Bulleen 

Last burial record: - “Waldau Cemetery Register” compiled by Eric Collyer and Irvine Green, Doncaster-Templestowe Historical Society 

Note: The Central Board of Health was established in 1854 under the provisions of an Act for Promoting Public Health in Populous Places in the Colony of Victoria. Under the Act, the Central Board of Health and the local boards were required to make provision for the prevention, containment and treatment of infectious and contagious diseases; for the construction and maintenance of adequate drains and sewers; for the regulation of noxious trades; for the cleansing of streets and public ways and places and for the maintenance of adequate standards of sanitation and ventilation in both public and premises.  Source: The Australian Research Data Commons (ARDC) https://researchdata.edu.au/health-public/490094

Ian Schafter – DTHS Member, November 2024 

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