Cremation Act Amendment Act 1935 (WA)

CREMATION.

26° GEO. V., No. VIII.

No. 8 of 1935.

AN ACT to amend Section four of the Cremation Act, 1929, and to make provision in the said Act for the disposal of the ashes of dead human bodies after cremation and for other relative purposes.

[Assented to 5th October, 1935.]

DE it enacted by the King's Most Excellent Majesty, by p and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1.    This Act may be cited as the Cremation Act Amend- Short title.

ment Act, 1935, and shall be read as one with the Cremation

Act, 1929 (No. 22 of 1929), hereinafter referred to as the

principal Act.

2.    Section four of the principal Act is amended by delet- Artleitt

ing subsection (1) and inserting in lieu thereof a subsection,

as follows :—

(1.) The Governor may, subject to this Act, grant a license to use and conduct a specified crematorium to any of the following bodies, namely:—

(a) the trustees or controlling authority of any ceme-

tery;

(b) any association incorporated under the Associations

Incorporation Act, 1895, established and consti-

No. 8.] Cremation. [1935.

tuted in connection with the cremation of dead human bodies, and holding a certificate under the hand of the Commissioner that such association is an association to which the provisions of this section may reasonably be extended.

New sections.

3. Sections are inserted in the principal Act, after section

four, as follows :-

Portion of a

cemetery may	4A. (1) It shall be lawful for the trustees or control-
be set aside as

a site for a

ling authority of any cemetery holding a license under

crematorium.

section four of this Act to define and set aside any portion

of such cemetery as a site for a crematorium.

(2.) Where any portion of a cemetery has been defined and set aside as aforesaid, then, notwithstanding any Act or law to the contrary, the following provisions shall apply

(a)

the portion of the cemetery so defined and set aside may be used only for the erection of a crema- torium thereon, and for the burial of the ashes of dead human bodies cremated in such crematorium, and the trustees or controlling authority may pro- hibit the burial in such portion of the cemetery aforesaid of any dead human bodies which have not been so cremated;

(b)

the trustees or controlling authority of the cemetery, instead of themselves using and conducting a crematorium in such portion of the cemetery, may grant a permit for such period, and upon and sub- ject to such conditions as they may think fit, to any association holding a license under section four of this Act, to erect a crematorium upon the portion of the cemetery aforesaid, and to use and conduct such crematorium thereon, and to use such portion of the cemetery for the burial of the ashes of dead human bodies which have been cremated in such crematorium.

(3) Where the trustees or controllin,g authority of a

cemetery have granted to an association a permit as pro-

vided for in subsection (2) of this section, such association

shall, during the continuance of such permit, be deemed to be a trustee of that portion of the cemetery to which such permit applies, and, in relation thereto, to have all the rights, powers, and authorities of the trustees of a cemetery

1935.] Cremation. [No. S.

in accordance with the laws for the time being in force and relating to public cemeteries, and the portion of the ceme- tery to which such permit applies shall to all intents and purposes be deemed to be a public cemetery, save and except that only the ashes of dead human bodies after cre- mation shall be buried therein, unless the association other- wise determines.

site of a crema-

4B. Where an association holding a license under sec- tion four of this Act is using and conducting a crematorium	torium which is
not included in
a cemetery shall be deemed to he
on land held by such association for the purpose, and which	a cemetery for
is not part of a public cemetery, it shall be lawful for the	certain purposes.
association to use such portions of the said land as it thinks fit for the burial of the ashes of dead human bodies after cremation, and, in relation to such land, the association shall have all the rights, powers, and authorities of the trustees of a public cemetery in accordance with the laws -for the time being in force and relating to public ceme- teries, and the said land shall to all intents and purposes be deemed to be a public cemetery, save and except that only the ashes of dead human bodies after cremation shall be buried therein, unless the association otherwise deter- mines.
Disposal of ashes

40. (1.) Where any dead human body has been cre- otherwise than by burial on a

mated in a crematorium, and the administrator who	site of a nrema
obtained the permit required by this Act for the cremation	torium.
of such body desires to dispose of the ashes of such body after cremation otherwise than by burial upon the site of the crematorium, it shall be lawful for the trustees or controlling authority of the cemetery, or the association in whose crematorium the body was cremated, with the approval of the Commissioner, to deliver the said ashep to the said administrator for removal from the crema• torium.
(2.) Subject to subsection (1) of this section, the ashes of a dead human body after cremation shall not be removed from the crematorium in which such body was cremated, except for the purpose of burial in the site of the cre- matorium.
4. The principal Act as amended by this Act may be cited	Citation ofPrincipal Act

as the Cremation Act, 1929-1935. as amended.