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Review of the Cemeteries Act 1986 and Cremation Act 1929
Although regulation-making powers exist under the Cemeteries Act, there are currently no regulations or prescribed forms for cemeteries.
Cemetery authorities have by-laws and local laws which provide for their own forms covering a range of matters, such as:
Through the provision of by-laws and local laws, each individual cemetery develops their own forms to meet their specific operational requirements for their regions. This results in inconsistencies. A sample of licence application forms currently in use
by cemetery authorities demonstrated that the following matters are not universally required:
Forms for the regulation of cremation are prescribed under the Cremation Regulations 1954 (Schedule 1):
Application form numbers and titles:
Cemetery authorities currently set their own cemetery fees as part of their wider annual schedule of fees and charges. Like the forms, this allows individual cemeteries to set their own prices to meet operational requirements for their regions, however,
this results in inconsistencies. In addition to basic fees for items such as the grant of right of burial and interment services, fees also differ between cemeteries for annual funeral director and monumental mason licences.
Similarly, cremation service fees are set by the cemetery authority that operates a crematorium within their facilities. While fees for a licence to use and conduct a crematorium, as well as fees for a permit to conduct the cremation are prescribed under
the Cremation Regulations 1954, the cost of the cremation service varies throughout each cemetery.
Examples of how some other jurisdictions administer their forms for the cemetery and cremation industry include:
Issue 7A.1: The Cemeteries Act does not provide any prescribed forms. Cemetery authorities currently prescribe their own forms in their by-laws or local laws.
Option 1: Retain status quo.
Option 2: Introduce prescribed forms in legislation.
Issue 7B.1: There are prescribed forms set out in the Cremation Regulations.
Option 1: : Retain status quo and amend current forms if appropriate.
Issue 7C.1: Fees charged by cemetery authorities vary.
Option 2: Standardise certain fees and charges in legislation if considered appropriate.