Cremation Regulations 1954 (WA)

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Western Australia

Cremation Act 1929

Cremation Regulations 1954

Western Australia

Cremation Regulations 1954Contents Cremation Act 1929

Cremation Act 1929

Cremation Regulations 1954

1.Citation

These regulations may be cited as the Cremation Regulations 1954.

2.Commencement

These regulations shall come into operation on 6 September 1954.

3.Term used: nearest surviving relative

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)      a person who, immediately before the death, was living as —

(i)      the spouse of the person; or

(ii)      a de facto partner of the person, and who is of or over the age of 18 years;

(b)      a person who, immediately before the death, was the spouse of the person;

(c)      a son or daughter, who is of or over the age of 18 years, of the person;

(d)      a parent of the person;

(e)      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.]

Part I – Application for licence to use and conduct a crematorium4.Application for licence

(1) 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.

(2)      The application shall be submitted to the Chief Health Officer who shall ensure that it is in order before forwarding it to the Governor.

(3)      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.]

5.Form of licence

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.]

6.Compliance certificate

(1) 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.

(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.

(3)…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.