Necropolis (Amendment) Act 1923 (NSW)

278                  Necropolis (Amendment) Act.

NECROPOLIS (AMENDMENT)

ACT.

, Act No. 30, 1923.

Gsorge V, An Act to enable part of tlie Necropolis to be set

30. aside for the cremation of bodies ; to amend the Necropolis Act, 1901, the Public Health Act, 1902, and certain other Acts ; and for purposes connected therewith. [Assented to,

. 14th December, 1923.]

”O E it enacted by the King’s Most Excellent Majesty, J 3 by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South tTales in Parliament assembled, and by the authority ol' the same, as follows :—

S hort title . 1. This Act may be cited as the “ Necropolis

(Amendment) Act, 1923,” and shall be construed with

the Necropolis Act, 1901.

Ainendment

of A ct No. 20, 2. The Necropolis Act, 1901, is amended—

3 902. (a) by inserting after section eight, tlie following- new section :—■

Crematorium. 8 a . (1) The Governor may, by proclamai ion

in the Gazette, set apart for use in connection with a crematorium, the land described in tlie Second Schedule, in this section referred to as the subject land.

(2) The Governor may, by proclamation in the Gazette, appoint trustees, not lieing fewer than three in number, of the subject land, and may remove any of the trustees so

appointed.

Necropolis (Amendment) Act. 279

appoint“d, and upon tlie deatli, resignation, or George V,

removal of any trustee, may appoint anotlier

trustee in liis stead.

(d) Upon the appointment of the trustees

the subject land shall, hy virtue of this Act, he vested in the trustees for use in connection with a crematorium, subject to the provisions of this Act.

(4) In respect of the subject land the trustees may exercise the powers and shall have the duties conferred or imjioscd upon each body of trustees appointed under this Act. Eor the purpose of giving eticct to this provision refer­ ences in this Act to the burial or interment of the dead shall, unless the context otherwise requires, he deemed to include a reference to the cremation of dead bodies and the interment or dispiisilion of the ashes.

(o i In addition to the powers and duties conferred and imposed on the trustees as afore­ said the trustees may—

(a)

(Tcet and maintain a crematorium, ehapi'l, eolumharium, and such other Imildings as they may consider ncces- sai y for the cremation of bodies of the '

dead, and the care of tlie ashes of the

said bodies;

(h) grant a lease of the subject land upon

rms and conditions approved of hy the

(lovc'rnor to enable the subject land to

he elTi'ctively used by the lessee for the

eri'ction and maintenance of a crema­

torium, chapel, columbarium, and otlier

Imildings referred to in paragraph (a)

of I Ids subsection.

'I’he lease may authorise the lessee

to exercise the powers conferred upon

t (' trusti'cs hy paragraph (a) of tliis

-uhsec i i on or h y section twenty-four of

I is Act, and to im])ose such fees and e airges as are sj^eeilied iii the lease.

0̂ )

280                  Necropolis (Amendment) Act.

George V, (6) The Governor may, by proclamation

No. 30.	in the Gazette, set apart any portion of the Necropolis described in the proclamation as a road of access to the subject land, and there­ upon the land comprised in such road shall be divested from the control of any trustees in
Avbom it may have been previously vested.

Such proclamation may in like manner be

varied or revoked.

Ibid. Schedule. (b) by inserting the following Schedule next after

See. Sa. the Scbedule to that A c t:—

SECOND SCHEDULE.

Site for crematorium.

All that pi('ce or parcel of land containing an area of 4 acres, iminieipality of Lideombe, parish of liberty Plains, county of Ciunberland : Commencing .at a point bearing 118 degrees 1 minute and distant links from the intersection of the south-eastern side of the reserve carrying pipe for the water supply to Nortliern Suburbs with the eastern side of the railway line to Mortuary Station No. 4, such intersection being distant l,430yg links from the most north-western corner of the General Cemetery area, thence on the north by a line bearing !I8 degrees oG minutes 50 seconds 787^ links, on tlie east by a line bearing 188 degrees 5G minutes 50 .seconds links,on the south by a line liearing 1*78 degrees 56 minutes 50 seconds SGQi- links,

‘ and on th.e west hy lines bearing 21 degrees 57 minutes 26 seconds ,50 links, 23 degrees 1C minutes 19 seconds 50 links, 21 degrees 35 minutes i2 seconds 50 links, 19 degrees .34 minutes 5 seconds 50 links, 18 degrees 12 minutes 58 seconds 50 liidi.s, 16 degrees 31 minutes 51 seconds 50 links, 14 degrees 50 minutes 44 seconds 50 linlrs, 13 degrees 9 minutes 37 seconds 50 links, 11 degrees 28 minutes 30 .seconds 50 links, and 9 degrees 47 minutes 23 seconds 50 links to the point of commencement as shown on plan catalogued i\ls. 5,808 Sy., Department of Lands.

F u rth e r	3.	Tlic Necropolis cVet, 1901, is further amended
amendment

of Act Xo. 20	by inserting tiic follotving section next after section
of 1902.	eiglitecn:—
Trustees

funds may be 18a . (1) It siiali be lawful for the various bodies

expended

of trustees of lands tvitiiin tlie Necropolis, either

w ithin

Necropolis.

jointly or severally, to expend out of their separate

funds such moneys as may he necessary—

(a) for the erection and keeping in repair of a fence (and if required to make rabbit-proof,

Necropolis (Amendment) Act. 281

a ring fence) to enclose the -vvliolc of such George V,

lands or such jiortion thereof as may be

required for u se; or

(b)	for the construction and maintenance of any roads, paths, or drains within the Necropolis;
(c)	for the improvement and adornment of the areas set apart for extension, plantations, sites for mortuary churches, crematorium, or other purposes within the Necropolis; or
(d)	for any other work necessary for the proper or more effective management of the whole of the lands therein.

(2) The Minister may hy notiheation ])uh- lished in the Gazette annually in the month of January appoint a joint committee consisting of one representative from each body of trustees nominated hy each such body to direct and control any expenditure as aforesaid and to have the care and management of such fences, roads, paths, drains, extension, plantation, and other necessary works.

( o ) Such committee shall make an estimat;' iwUnKne to

each year of the amount required during the current cost“onn̂ in-

year for the construction and maintenance of fences, tonance, &c,

roads, paths, drains, extension, plantations, and

other necessary works within the Necropolis.

(f) The committee is empoAvered to levy, Assessment

with the approval of the Governor, an assess]uent on the income of each body of trustees calculated to produce tlie amount required for the construction and raaintcuance of tlie aforesaid fences, roads, paths, drains, plantations, and other necessary works; hut such assessment shall not exceed ten per centum of the income of any body of trustees for the preceding year. The amount of the assessment shall he paid to the committee VAuthin sixty days after notice shall hav̂ e been given to the various bodies of trustees of the assessment liaA'iny been made.

̂ (6)

2S2 Necropolis (Amendment) Act.

George V, (5) The Minister may cause inspection to ]jg ji^ade of any Avorks effected by the committee, and if it shall appear to him that any fence, road,

No. 30.

’ path, drain, plantation, or other AA ork is not being properly maintained, having regard to all the circumstances, he may require the committee to cause such repair or maintenance as he may deem necessary to be carried out.

4.   The Public Health Act, 1902, is amended by

so, i!!02.

omitting tlie proviso to section fifty-one, and by inserting

the following new sections ne.vt after that section :—

Keguktions. rppg Governor may make regulations— providing for tlie inspection of crematoria or of any buildings used in connection therewith;

(a)

(b) prescribing in what cases and under what conditions the cremation of bodies of the

■ dead may take place ;

(c)	directing the disposition of interment of the ashes ;
(d)	prescribing the forms of the notices, certi- ticates, and declarations to be given or made before any cremation is permitted to take place ;

(e) providing for the registration of cremations which have taken place;

■

(f) generally as to all matters incidental to or connected Aiith the cremation of dead bodies.

(2) The regulations shall—

(i) be published in the Gazette ;

(ii)  take effect from the date of publication or from a later date to be specified in the regulations ; and

• (iii) be laid before both Houses of Parliament AAnthin fourteen sitting days after the publication thereof if Parliament is then in session, and if not, then Avithin fourteen sitting days after the commencement of the next session. If either House of Par­ liament passes a resolution of Avhich notice

has

Necropolis (Amendment) Act. 283

lias been 2,'iven at any time within fifteen George V,

sitting (lays after such regulations have

been laid before such House disallowing	■
any regulation or part thereof, the regu­ lation or part shall thereupon cease to have effect.

(3) All statutory provisions relating to the destruction and falsification of registers of burials and the admissibility of extracts therefrom as evi­ dence in courts and other vise shall apply to the register of cremations directed by the regulations to be kept.

51b. (1) Every person who shall contravene any ivnaitiesfor

such regulation as aforesaid, or shall knowingly

carry out or procure or take part in the cremation	’
of any dead body except in accordance with the regulations shall (in acldition to any liability or penalty Avhicb he may otherwise incur) be liable on summary .conviction to a penalty not exceeding fifty pounds.
(2) Every person who shall AvilfLilly make any false declaration or representation, or sign or utter any false certificate, Avith a aucav to procuring the cremation of any dead body shall (in addition to any penalty or liability Avhich he may otherwise incur) be liable on summary conviction to imprison­ ment, Avith or Avithout hard labour not exceeding two years.

(3) Every jierson Avho, Avith intent to conceal

ihe commission or im])edc the prosecution of any offence, procures or attempts to ])rocure the crema­ tion of any body, or, Avith such intent, makes any declaration or gives any certificate prescribed by lA'gulations made under the authority of this Act, shall be lialde upon conviction on indictment to penal servitude for a term not exceeding fiAm years.

SEAT