Whole Act
23 provisions in continuous reading order
Loading the complete Act…
These regulations may be cited as the Cremation Regulations 1954.
These regulations shall come into operation on 6 September 1954.
In these regulations —
nearest surviving relative in relation to a deceased person, means the first person who is available from the following persons in the order of priority listed —
a person who, immediately before the death, was living as —
the spouse of the person; or
a de facto partner of the person, and who is of or over the age of 18 years;
a person who, immediately before the death, was the spouse of the person;
a son or daughter, who is of or over the age of 18 years, of the person;
a parent of the person;
a brother or sister, who is of or over the age of 18 years, of the person.
[Regulation 3 inserted: Gazette 24 Sep 2002 p. 4767.]
Every application under section 4(1) of the Act for a licence to use and conduct a crematorium shall be made in writing and shall be made in accordance with Schedule 1 Form 1. It shall be signed by the chairman of the body making the application, and shall be accompanied by statutory declaration or other evidence as required by section 4(2) of the Act, and the fee prescribed in Schedule 2 item 1.
The application shall be submitted to the Chief Health Officer who shall ensure that it is in order before forwarding it to the Governor.
If the licence is not granted the fee shall be returned to the applicant.
[Regulation 4 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249; 2 Jul 2019 p. 2646 and 2647.]
Every licence granted shall be in accordance with Schedule 1 Form 2 or Form 3 as the case may require.
[Regulation 5 amended: Gazette 2 Jul 2019 p. 2646.]
Where in respect of a licence to use and conduct a crematorium a certificate by the Chief Health Officer pursuant to section 4(3) of the Act is necessary before the licence is valid and effective, application for a certificate shall be made in writing by the licensee named in the licence, in accordance with Schedule 1 Form 4, and shall be accompanied by the inspection and certificate fee prescribed in Schedule 2 item 2.
Upon receipt of an application under this regulation together with the prescribed fees, the Chief Health Officer shall cause an inspection to be made of the premises and apparatus referred to in the licence in order to satisfy himself that the certificate applied for may be properly given.
If after such inspection the Chief Health Officer is not satisfied that a certificate can properly be given he shall refuse to give the certificate, and shall refund the fee to the licensee.
[Regulation 6 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249; 2 Jul 2019 p. 2646 and 2647.]
Where the Chief Health Officer gives a certificate pursuant to an application made in accordance with regulation 6, the certificate shall be in accordance with Schedule 1 Form 5.
[Regulation 7 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50; 2 Jul 2019 p. 2646.]
Every crematorium and the fittings, works and apparatus used in connection therewith shall at all times be —
maintained in good condition, repair and working order;
kept in a clean, sanitary and orderly condition;
provided with a number of attendants sufficient for the compliance with the requirements of paragraphs (a) and (b) to the satisfaction of the Chief Health Officer.
[Regulation 8 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50.]
The licensee of every crematorium shall at any time and from time to time permit the crematorium and the register to be inspected by the Chief Health Officer or any persons authorised in writing by him, or any Inspector of Police.
Any person authorised by the Chief Health Officer and any Inspector of Police who makes an inspection of a crematorium shall forthwith report to the Chief Health Officer any breach of these regulations which is observed by him.
[Regulation 9 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50.]
On receipt of a report that these regulations are not being complied with at any crematorium, the Chief Health Officer may give written notice thereof to the licensee of the crematorium. The notice may specify the works to be carried out and fix a time within which the works shall be completed. The licensee shall comply with any such notice.
[Regulation 10 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50.]
Every application for a permit to cremate shall be made in accordance with Schedule 1 Form 6.
[Regulation 11 amended: Gazette 2 Jul 2019 p. 2646.]
Every application to cremate made in accordance with regulation 11 shall be accompanied by the fee prescribed in Schedule 2 item 3 and a certificate in accordance with —
Schedule 1 Form 7, completed by a medical practitioner; or
Schedule 1 Form 8, completed by the Coroner; or
the Coroners Regulations 1997 Schedule 1 Form 4, completed by the Coroner.
[Regulation 12 inserted: Gazette 29 Jun 2012 p. 2944-5; amended: Gazette 2 Jul 2019 p. 2646 and 2647.]