Public Health Amendment (Cremation) Act 1932 (NSW)
| PUBLIC | I I KM / n I | A:\n^]N])MEN^r |
(CRUMAllON) ACT.
Act No. 32, 1032.
| An Act to make further provision relating to the erectioj), maintenance, and conduct of crematories and the cremation of humau remains; to validate certain m atters; to confer powers on trustees of land set apart and dedicated for cremation purposes; to amend the Public Health Act, 1902, and certain other Acts; and for purposes coil- nected therewith. [Assented to, 29th November, 1932,] | George y. |
| T ) E it enacted by tbe King's Most Excellent Majest}^ | |
| I f by and with the advice and consent of the Legis | |
| lative Council and Legi.slatiye A.s,sembly of New South Wales in Parlia?nent assembled, and by the authority of the same, as follows :— |
1. (1) This Act may be cited as the “ Public Health short title,
Amendment (Cremation) Act, 1932.”
( 2 )
266 Public Health Amendment (Cremation) Act.
| No. 32,1932. |
| (2) | The Public Health Act, 1902, as amended by |
subsequent Acts, is in this Act referred to as the
Principal Act.
| (a) | by omitting section fifty-one and by inserting in lieu thereof the following new section ;— |
A m endm ent of
| A ct No. 30,1902. | 2 . (]-) The Principal Act is amended— |
| >Sub9titated | (a) by omitting section fifty-one and by inserting |
| s. | 51. |
in lieu thereof the following new section :—
| Crematories | 51. (1) Subject to this Part and to the regulations made thereunder any person may establish and maintain and/or conduct a crematory for the burning of the dead. |
| (2) No person shall erect a crematory unless and until notice of intention to apply for approval of the proposed site thereof has been published as prescribed and the proposed site thereof has been approved by the Minister upon the recommendation of the Board of Health, and also by the council of the munici pality or shire within whose area the proposed site is situated, nor unless and until the detailed plans of the proposed building have been approved by the Minister upon the recommendation of the said Board and by the council of the area rvithin which the building is to be erected. The erection shall be subject in all respects to the Local Government Act, 1919, and the ordinances made thereunder. | |
| (3) No person shall conduct a crematory unless the equipment and apparatus to be used in connection therewith are in accordance with plans and specifications approved by the Minister upon the recommendation of the said Board. | |
| (4) No person shall effect any alteration of or departure from any plan or specification which has been approved under this section without a like approval to such alteration or d.eparture. | |
| (5) M'hosoever contravenes any pro vision of this section shall be liable to a penalty not exceeding two hundred pounds, or |
where
| Public Health Amendment (Cremation) Act. | 207 |
| where the breacli is a contmuing one not | — |
| exceeding twenty pounds for every day that the breach continues. |
(b) (i) by inserting in subsection one of section See, 51a.
51a. after paragraph fa) the following new
paragraphs:—
(al) prescribing the form and manner in which any application to the Minisi^er for approval of a site or of plans or specifi cations shall be made, the information to he furnished in connection therewith, and the fees to bo paid;
(a2) providing for the giving of security, if required, for tlie due performance of any condition imposed in the grant of any approval;
(a3) providing for tlie maintenance of crematories in a clean and proper working condition and with a sufficient number of attendants ;
(a4) prescribing the location relative to any dwelling or any public road of the site of a crematory ;
(ii) by inserting in the same subsection after
| ■ | paragraph (e) tlie following new para | |
| ||
| (cl) requiring a cremation authority to furnish to the Minister an annual report of its activities, including a statement of the number of cremations cifected ; |
| (o2) | providing for tlic appointment, |
subject to the approval of the Minister, of medical referees, and prescribing the duties and obligations of sucli medical referees;
(e.3) prescribing the scale of fees payable for the cremation of human remains, the preservation and/or disposal of the ashes, and any other service rendered by the authority controlling the crematory;
( 3 l )
| §68 | Public Health Amendment (Cremation) Act. |
| -110.^ 2, 1682. |
(e4) providing for the closing of a crema tory hv order of the Minister or bv direction of the authority controlling the crematory and the notice to he given in connection therewith;
(eo) providing for the temporary suspen sion or modification by proclamation by the Governor of any requirement of the Act or regulations on the occasion of an epidemic or for other sufficient reason ;
(e6) prescribing all matters which by
this Part are required or authorised to be
prescribed or which are necessary or con-
| ■ | venient to be prescribed for carrying this Part into effect; |
(iii) by inserting next after subsection three of the same section the following new subsection :—
(4) The regulations shall, except where
| 7') | otherwise expressly therein stated, apply and extend to and in respect of cremations effected at and to the crematory estab lished under tbe Kccropolis Act, 1901, as amended by subsequent Acts. |
| (c) | by inserting in Part IV next after section 51b the following new section :— |
| Contribution | 51c. (1) The person conducting a crematory |
| towards |
| upkeep of | situate within any cemetery shall contribute |
| crematory. | annually towards the general upkeep of such cemetery such amount as may be fixed in each |
| , | year by tbe Minister not exceeding ten per centum of the gross income derived from the crematory during a prescribed jieriod of twelve months. |
| (2) Tbe person conducting any such crematory shall at the prescribed date in each year forward a statement of such gross income verified in the ])! escribed manner to the Minister showing the gross income derived from the crematory during the period pre scribed. |
| ( | (3) |
| Public Health Amendment (Cremation) Act. | 269 |
| (3) | The contribution when fixed shall be | _ l l |
paid to such person as the M inister directs and in default of payment within the prescribed period may be recovered by such person as a debt in any court of competent jurisdiction.
(4) Subsections one and three of this section shall not extend to the persons con ducting the crematory estahlislied under the Necropolis Act, 1901, as amended by sub sequent Acts, but such persons shall contribute for the year ending the thirtieth, day of June, one thousand nine hundred and thirty-two, and in each year thereafter a percentage of the gross income which shall be two-thirds of the percentage fixed in each year by the committee as provided for in subsection four of section 18a of the Necropolis Act, 1901, in relation to the other trusts in the Necropolis towards
| ■ | the genex’al upkeep of the cemetery within which such crematory is established, and such contribution shall be paid to such person and at such time as the Minister directs, and in default of payment within the prescribed period may be recovered by such person as a debt in any court of competent jurisdiction. |
(2) Any regulations made before the commence ment of this Act in accordance with the powers conferred by the amendments made by paragraph (b) of subsection one of this section are hereby validated.
3. The Local Government Act, 1919, is amended by Amendment of
omitting sub.section two of section four hundred anas'! 447
forty-seven.
Powers of trustees of land set apart and dedicated
for cremation purposes.
4. The trustees of any land s(‘t apart and dedicated pĵ ers of
for cremation purposes or for the purpose of the inter- trustees,
ment of tlie dead under any Act relatini; to the disposal
of lands of the Crown, may, subject to this Act—
| (a) | establish, maintain, and conduct a crematory, chapel, columbarium, and such other buildings |
as
270 Public Health Amendment (Cremation) Act.
| No. 32,1932. |
as they may consider necessary for the crema tion of human remains and the care of the ashes of the said remains ;
| (h) | enclose the buildings with a suitable fence or |
Avail and improve, layout, and adorn the area so
| enclosed, and construct and maintain an approach thereto ; |
(c) lease such land in accordance with this A ct;
| (d) | in accordance with this Act horron ̂money or enter into contracts for any of such purposes, and charge the revenue derived from the crematory for the purpose of meeting the liability in respect of any such borrowing or contract. |
| Leases by | 5 . | (1) Any trustees of land so set apart and dedi |
| trustees. |
| cf. Act No. | cated for cremation purposes or for the purpose of the |
| 68, 1902, | interment of the dead may apply in Avriting to the |
| s. 6. | Minister for Lands on a full statement to him of. the facts relating to any proposed lease, for his consent thereto in writing. |
| 8. 7 (1). | |
| cf. Hid. | (2) The said Minister may in any case give his consent cither as to the Aidiole or as to part of any lands in respect of which any application is made, and may at any time AvithdraAV his consent, either wliolly or par tially, or vary tlie terms and conditions thereof, if he can do so Avithout prejudice to the rights of third parties. |
The said IMinister shall report to Parliament any
consent giA'cn by liim under this section.
| cf. Hid. | (3) The said Minister may give his consent |
| 8. 7 (2). | either generally by authorising the lease of such lands subject to such conditions, restrictions, reservations, and coAmnants, and in such manner and Avithin such time, as he may think desirable, or by approving of particular contracts of lease. |
| cf. Ilid . s. 8. | (4) After obtaining the AViitten consent herein- |
hefore mentioned, and not othenvise, the trustees m ay
lease the lands in respect of Avhich such consent Avas
giA'eii, according to tlio terms of such consent:
Provided that Aviicro the said Minister has giA'cn his
consent giaicrally, as in this section provided, no land
| - | shall |
| Public Health Amendment (Cremation) Act. | 271 |
Nc. 32,1932.
shall bo leased in pursuance of such consent, unless in each case the rent reserved has been submitted to and approved of by him.
(5) Tlie proceeds of anv lease under this Act cf.ActNo.GS,
shall be held by the trustees, afterpayment of costs and expenses, for the general jnirposcs of the trust, and shall be invested or applied as the said Minister directs.
(6) Every lease under this Act shall contain
covenants by the lessee—
| (a) | to lodge with the Minister for Health and with the council of the area Avithin Avhicli the land comprised in such lease is situated, within the time prescribed in that behalf, detailed plan? of the proposed crematory and other buildings; |
| (b) | to commence and complete such crematory and buildings Avithin a time to be specified in the lease; and |
| (c) | not to use the land for any purpose other than for the cremation of human remains and the disposal of the ashes ; |
and shall also contain a condition of re-entry on breach
of any of such coAmnants.
| 6 . | (1) | Any trustees of land so set apart and dedicated Contracts i)v |
for cremation purposes or for the purpose of interment of the dead may apply in Avriting to the Minister for Lands on a full statement to him of the facts relating to any proposed borroAving or contract for his consent thereto in Avriting.
(2) The said Minister may in any case git'c his consent and may at any time Avithdraw his consent either Avholly or partially or A'ary the terms and conditions thei’cof if he can do so Avithout prejudice to the rights of third parties.
(3) After obtaining the AAU’itten consent herein before mentioned, and not othenA'ise, the trustees may borroAV the money or enter into the contract in respect of Avhich such consent Avas given according to the terms
| of such consent. | . |
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