1991—No. 458 (NSW)
1991—No. 458
NECROPOLIS ACT 1901—REGULATION
(Necropolis Regulation 1991)
NEW SOUTH WALES
| [Published in Gazette No. 121 of 30 August 1991] |
HIS Excellency the Governor, with the advice of the Executive Council,
and in pursuance of the Necropolis Act 1901, has been pleased to make
the Regulation set forth hereunder.
GARRY WEST
Minister for Conservation and Land Management.
PART 1—PRELIMINARY
Citation
1. This Regulation may be cited as the Necropolis Regulation 1991.
Commencement
2. This Regulation commences on 4th September, 1991.
Application
3. (1) This Regulation applies to the whole of the land comprising the
Necropolis.
(2) This Regulation does not affect the operation of any regulations
under the Public Health Act 1991 relating to cemeteries.
Definitions
4. In this Regulation:
“appropriate fee” means a fee fixed by a trust in accordance with
section 17 of the Act;
1991—No. 458
“burial place” means a grave site, vault site, crypt site or other place
| for the | disposition of the remains of the dead; |
| “relevant | trust” means: |
| (a) | in relation to a portion of the Necropolis administered by a trust—the trust; or |
| (b) | in relation to any other portion of the Necropolis—the Joint Committee; |
“secretary” , in relation to a trust, means the secretary to the trust;
“the Act” means the Necropolis Act 1901;
“trust” means a body of trustees in which is vested a portion of the
Necropolis.
PART 2—ADMINISTRATION
Officers and employees
5. The trusts and the Joint Committee may each appoint and employ a secretary and such other officers and employees as may be necessary for the efficient conduct of their operations.
Meetings
6. Meetings of each trust and the Joint Committee are to be held not less than once in each 3 months at the places and times appointed by the trust or the Joint Committee, as the case may be.
Common seal
7. (1) The common seal of a trust is to be kept by the secretary to the trust or, if there is no secretary, by such other person as may be appointed by the trust.
(2) The affixing to an instrument of the common seal of a trust that is managed by a trust board is to be attested by the secretary to the trust and by a member of the trust board.
(3) If an administrator of a trust has been appointed under the Crown Lands Act 1989, the common seal may be affixed and attested by the administrator alone.
PART 3—MANAGEMENT OF THE NECROPOLIS
Planning, conduct and maintenance of the Necropolis
8. Each relevant trust may, in relation to its portion of the Necropolis, make such provision as it considers necessary for the following:
1991—No. 458
| (a) | the setting aside of sections for different types and classes of burials; |
| (b) | the establishment of standards of construction and design for |
monuments and structures;
(c) the size, multiple use and location of burial places;
(d) burials in vaults;
| (e) | the erection or installation of structures and the making of |
inscriptions;
(f) the carrying out of work by monumental masons;
| (g) | the qualifications required by, and the security deposits required to |
be lodged by, monumental masons;
(h) the removal, replacement and maintenance of structures; (i) the improvement and maintenance of the portion;
| (j) | the making of arrangements for the care of burial places on an annual or other basis; |
| (k) | the supply of goods and services incidental to the conduct of burials and other matters relating to the portion; |
| (l) | the conduct of religious or other ceremonies of burial or commemoration. |
Refusal to grant exclusive burial rights
9. A trust may refuse to grant an exclusive right of burial to any person if, in its opinion, the grant would create a monopoly or encourage
dealing in such rights as a business.
Register of burial places
10. (1) Each trust must cause a register of burial places to be kept in
respect of the burial places in its portion.
(2) The register, which may be kept in electronic or written form:
| (a) | must readily identify (whether by reference to a plan or by other |
means) the location of each burial place; and
| (b) | must contain the name and address of the owner of any exclusive right of burial granted in relation to a burial place. |
(3) A trust must, immediately after a burial in a burial place, ensure
that there is entered in the register, opposite the entry for that burial place:
(a) the name of the deceased; and
| (b) | any other details that are likely to help in the identification of the deceased; and |
(c) the date of burial.
1991—No. 458
(4) A trust may amend its register from time to time so as to remove any inaccuracies contained in it.
(5) A trust must, on application made by any person, make available to
the person a copy of any entry made in the register in relation to a burial
place.
(6) Such an application must be in the form approved by the relevant trust and accompanied by the appropriate fee.
(7) The register is admissible in any proceedings as evidence of the
identity of the holder of an exclusive right of burial that has been granted
in respect of any particular burial site.
Certificates of exclusive right of burial
11. (1) A trust may issue to the owner of an exclusive right of burial a
certificate of exclusive right of burial in relation to the burial place
concerned.
(2) An application for such a certificate must be in the form approved by the relevant trust and accompanied by the appropriate fee.
(3) A certificate under this clause is to be in such form as the relevant trust may from time to time determine.
Order for burial
12. (1) Burials are not to take place unless the relevant trust has issued an order for burial.
(2) A trust may set down the procedure to be followed to obtain an order for burial.
Hours of burial
13. Burials are not to take place except at such times as the relevant trust may from time to time determine.
Exhumations
14. (1) Exhumations are not to take place unless:
| (a) | prior written consent has been obtained from the Director-General |
of the Department of Health; and
(b) an order for exhumation has been issued by the relevant trust.
(2) This clause does not apply if an exhumation order has been issued by a Court.
1991—No. 458
PART 4—MISCELLANEOUS
Offences
15. (1) A person must not do any of the following:
(a) bury any human remains, whether cremated or not;
| (b) | enter or remain in the Necropolis at night, between the hours of sunset and sunrise; |
| (c) | cause or permit an animal that is under the person’s control to enter or remain in the Necropolis; |
| (d) | take part in any gathering, meeting or assembly, except for the purpose of a religious or other ceremony of burial or commemoration; |
(e) engage in trade or commerce;
| (f) | distribute any circular, advertisement, paper or other printed, drawn, written or photographic matter; |
| (g) | drive a vehicle, or ride a horse, except on a road provided for that purpose; |
(h) drive a vehicle at a speed of more than 35 kilometres per hour;
(i) drive a vehicle or a vehicle and trailer having an unladen weight of more than 3 tonnes;
| (j) | drive a vehicle for the purpose of travelling between places outside the Necropolis; |
| (k) | park a motor vehicle on any burial place, verge or plantation or in a manner that is likely to impede traffic; |
(1) teach, learn or practise driving a motor vehicle;
(m) teach, learn or practise any trade or skill;
(n) camp or reside on any land;
(o) possess or drink any alcoholic or intoxicating beverage;
| (p) | bring into or leave in the Necropolis any rubbish, refuse, scrap metal (including any car or car part), rock, soil, sand, stone or other such substance; |
(q) remove any dead timber, log or stump, whether standing or fallen;
(r) remove any rock, soil, sand, stone or other such substance;
| (s) | kill, capture or in any way interfere with any animal, bird or other fauna, whether native or introduced; |
(t) plant any tree, shrub or other herbage or plant.
Maximum penalty: $1,000.
(2) Subsection (1) (c) does not prevent a person from riding a horse or
from walking a dog on a leash.
1991—No. 458
(3) A person is not guilty of an offence under this clause if the person establishes that the act giving rise to the offence was done with the written consent of the Joint Committee or (in the case of an act done in a portion of the Necropolis administered by a trust) of the relevant trust.
Contributions to Joint Committee by trusts
16. For the purposes of section 20B (3) (b) of the Act, the proportion payable to the Joint Committee by a trust is to be calculated in accordance with the following formula:
| Proportion payable = Approved amount x Interments/cremations | Total interments/cremations |
where:
“Approved amount” represents the amount approved by the
Minister under section 20B of the Act in relation to the amount assessed by the Joint Committee, from time to time, as the amount it requires to enable it to exercise its functions under section 20A of the Act;
“Interments/cremations’’, in relation to a trust, represents the
number of intements and cremations carried out during the previous calendar year within the portion of the Necropolis managed by that trust;
“Total interments/cremations” represents the total number of
interments and cremations carried out during the previous calendar
year within the Necropolis.
Repeals
17. Any regulation in force under the Act immediately before the commencement of this Regulation is repealed.
NOTE
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Citation
2. Commencement
3. Application
4. Definitions
1991—No. 458
PART 2—ADMINISTRATION
5. Officers and employees
6. Meetings
7. Common seal
PART 3—MANAGEMENT OF THE NECROPOLIS
8. Planning, conduct and maintenance of portions of the Necropolis
9. Refusal to grant exclusive burial rights
10. Register of burial places
11. Certificates of exclusive right of burial
12. Order for burial
13. Hours of burial
14. Exhumations
PART 4—MISCELLANEOUS
15. Offences
16. Contributions to Joint Committee by trusts
17. Repeals
EXPLANATORY NOTE
The object of this Regulation is to repeal and remake, as a single regulation, all
of the regulations under the Necropolis Act 1901. The provisions of the new
Regulation deal with:
| (a) | the appointment of a secretary and other employees of various trusts and the Joint Committee of Necropolis Trustees, the holding of meetings and the affixing of seals to instruments; and |
| (b) | a trust’s powers in relation to the management, planning and maintenance |
of its portion of the Necropolis; and
(c) the keeping of registers of burial places; and
(d) the issue of certificates of exclusive right to burial; and
(e) the prescription of offences in relation to the Necropolis.
This Regulation is made in connection with the staged repeal of subordinate
legislation under the Subordinate Legislation Act 1989
0
0
0