Southern Regional Cemetery Amendment Act 2002 (TAS)

Southern Regional Cemetery Amendment Act 2002

An Act to amend the Southern Regional Cemetery Act 1981 and the Government Business Enterprises Act 1995

[Royal Assent 30 May 2002]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Southern Regional Cemetery Amendment Act 2002 . 2Commencement (1)  Section 15 commences on the day on which this Act receives the Royal Assent. (2)  The remaining provisions of this Act commence on a day to be proclaimed. PART 2Southern Regional Cemetery Act 1981 Amended3Principal ActIn this Part, the Southern Regional Cemetery Act 1981 is referred to as the Principal Act. 4Section 3 substituted Section 3 of the Principal Act is repealed and the following section is substituted: 3Interpretation In this Act, except in so far as the context or subject matter otherwise indicates or requires – human remains means the body of a deceased person and includes a part of the body but does not include any human remains that have been reduced to ash; interment means the burial of any human remains in the ground and includes the placement of human remains in any place that is approved under the Land Use Planning and Approvals Act 1993 for use as a mausoleum; mausoleum means a structure – (a) that is designed to hold one or more vaults for the interment of human remains that have not been cremated; and (b) in which at least one vault (excluding any memorial attached to the vault) is wholly above the surface of the ground or protrudes at least 150mm above the surface of the ground; proclaimed date means the date fixed by proclamation under section 2 (2) ; southern area means the area comprising the municipal areas of Hobart, Glenorchy, Clarence and Kingborough; Trust means the Southern Regional Cemetery Trust established under section 4 . 5Section 5 amended (Membership of Trust) Section 5 of the Principal Act is amended by omitting subsections (1) , (2) and (3) . 6Sections 6 and 7 substituted Sections 6 and 7 of the Principal Act are repealed and the following sections are substituted: 6Functions of Trust (1) The functions of the Trust are as follows: (a) to manage and ensure the efficient and effective operation of the business of the Trust in the southern area; (b) to establish a cemetery or crematorium as may be required for the business of the Trust; (c) to improve, embellish, enlarge or diminish any cemetery operated by the Trust; (d) to maintain in good order any cemetery or crematorium operated by the Trust. (2) In conducting its business, the Trust may provide for the cremation or interment of persons who, immediately before their death, resided in the southern area and such other persons as the Trust may approve. 7Powers of Trust The Land Acquisition Act 1993 applies in relation to the purchase or taking of land, and the land purchased or taken, by the Trust for the purposes of a cemetery or crematorium or for any incidental purpose. 7Section 9 repealed Section 9 of the Principal Act is repealed. 8Part III repealed Part III of the Principal Act is repealed. 9Section 23 amended (Burial rights) Section 23(1) of the Principal Act is amended by omitting "the relevant fee prescribed by it under section 9 " and substituting "a fee determined by the Trust". 10Section 24 amended (Vaults, monuments, &c.) Section 24(1)(a) of the Principal Act is amended by omitting "the relevant fee prescribed by it under section 9 " and substituting "a fee determined by the Trust". 11Section 29 amended (Closed cemeteries may be laid out as parks or gardens) Section 29(1) of the Principal Act is amended by omitting "pursuant to section 7(4)(d) ". 12Section 36 amended (Disposal of land not required) Section 36 of the Principal Act is amended as follows: (a) by omitting from subsection (3) " Arbitration Act 1892 " and substituting " Commercial Arbitration Act 1986 "; (b) by omitting from subsection (4)(b) " Arbitration Act 1892 " and substituting " Commercial Arbitration Act 1986 ". 13Section 37 amended (Exhumation) Section 37(2)(a) of the Principal Act is amended by omitting " Public Health Act 1962 " and substituting " Public Health Act 1997 ". 14Section 38 amended (Closure of cemetery situated at Cornelian Bay) Section 38 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1) Where a burial has not taken place for a period of 30 years in a cemetery operated by the Trust or in a part of any such cemetery, the Trust may close that cemetery, or that part of that cemetery, to further burials. 15Section 43 insertedAfter section 42 of the Principal Act , the following section is inserted in Part V: 43Regulations The Governor may make regulations of a savings or transitional nature arising from the enactment of the Southern Regional Cemetery Amendment Act 2002 . 16Schedule 1 substituted Schedule 1 to the Principal Act is repealed and the following Schedule is substituted: Schedule 1Membership of Trust

Section 5

1.   Membership of Trust (1)A person who was, immediately before the commencement of this Schedule, holding office as a member of the Trust ceases to hold that office on that commencement. (2)A person is not entitled to compensation by reason of the operation of subclause (1) . PART 3Government Business Enterprises Act 1995 Amended17Principal ActIn this Part, the Government Business Enterprises Act 1995 is referred to as the Principal Act. 18Schedule 1 amended (Government Business Enterprises) Schedule 1 to the Principal Act is amended as follows: (a) by inserting in Part 1 after "Rivers and Water Supply Commission" the following item:

Southern Regional Cemetery Trust

(b) by omitting from Part 2 the following item:

Southern Regional Cemetery Trust

[Second reading presentation speech made in:

House of Assembly on 19 MARCH 2002

Legislative Council on 21 MAY 2002]