Cemeteries and Crematoria Amendment
Regulations 2015
S.R. No. 115/2015
TABLE OF PROVISIONS
Regulation
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Page
Objective
Authorising provision
Commencement
Definitions
Prescribed information—interment of cremated human remains
Application to Secretary for exhumation licence
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Endnotes
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STATUTORY RULES 2015
S.R. No. 115/2015
Cemeteries and Crematoria Act 2003
Cemeteries and Crematoria Amendment
Regulations 2015
The Lieutenant-Governor as the Governor's deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 13 October 2015
Responsible Minister:
JILL HENNESSY
Minister for Health
MATTHEW McBEATH
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Cemeteries and Crematoria Regulations 2015—
(a) to provide for the amendments made by
the Cemeteries and Crematoria
(Veterans Reform) Act 2015; and
(b) to amend a prescribed form; and
(c) to make other miscellaneous amendments.
2 Authorising provision
These Regulations are made under section 180 of
the Cemeteries and Crematoria Act 2003.
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3 Commencement
These Regulations come into operation on
9 November 2015.
4 Definitions
(1) In regulation 5(1) of the Cemeteries and
Crematoria Regulations 20151, the definitions of
domestic partner and spouse are revoked.
(2) In regulation 5(1) of the Cemeteries and
Crematoria Regulations 2015, in the
definition nearest surviving relative, in
paragraph (b)(i), after "daughter" insert
", or stepson or stepdaughter,".
(3) Regulation 5(2) of the Cemeteries and Crematoria
Regulations 2015 is revoked.
5 Prescribed information—interment of cremated
human remains
After regulation 8(c) of the Cemeteries and
Crematoria Regulations 2015 insert—
"(ca) whether the deceased person is an identified
veteran;".
6 Application to Secretary for exhumation licence
For Part G of Form 5 in Schedule 1 of the
Cemeteries and Crematoria Regulations 2015
substitute—
"Part G: Consent of nearest surviving relative/s of the
deceased
Indicate below only the first listed category in which there
is a nearest surviving relative of the deceased:
*spouse or domestic partner of the deceased at the time of
their death
*son or daughter or stepson or stepdaughter who has
attained the age of 18 years
*father or mother
*brother or sister who has attained the age of 18 years
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S.R. No. 115/2015
*grandfather or grandmother
*grandson or granddaughter who has attained the age of
18 years
*uncle or aunt who has attained the age of 18 years
*nephew or niece who has attained the age of 18 years
Provide below the details and consents of all nearest
surviving relatives of the deceased in the indicated first
category. Attach additional pages if required.
Title:
Given Names:
Surname:
I consent to the exhumation of the remains of the deceased.
Signature:
Date:
Are there any other nearest surviving relatives of the
deceased in the indicated first category whose details and
consent have not been provided above?
*Yes *No
If Yes, give details of any nearest surviving relatives in the
indicated category who have not given consent and reasons
why the consent of these relatives has not been obtained.
Title:
Given Names:
Surname:
Relationship to the deceased:
Reasons why the consent of this relative has not been
obtained:
Declaration by applicant
I declare that:
 all of the deceased's surviving parents, children
(who have attained the age of 18 years, including
stepchildren) and siblings (who have attained the age
of 18 years) have been informed of the proposed
exhumation and have no objection; and
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Cemeteries and Crematoria Amendment Regulations 2015
S.R. No. 115/2015
 any parent or guardian of any minor child (including
stepchild) or minor sibling of the deceased has been
informed of the proposed exhumation and has no
objection; and
 I am not aware of any objection to the proposed
exhumation from any other surviving relatives of the
deceased, including but not limited to grandparents,
grandchildren (who have attained the age of 18 years),
uncles and aunts (who have attained the age of
18 years) and nephews and nieces (who have attained
the age of 18 years).
Signature of applicant: _________________ Date: _____.
If you are not able to make the above declaration because a
surviving relative has not been informed or has an objection,
please provide a detailed explanation of the circumstances in
a separate statutory declaration.".
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Endnotes
Endnotes
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Reg. 4(1): S.R. No. 59/2015.
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