NORFOLK
ISLAND
PUBLIC RESERVES (AMENDMENT) ACT 2009
Act No. 15 of 2009
An Act to provide for the management and control of the cemetery and for the burial of
deceased persons and related purposes
[Assented to 25 November 2009]
BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows —
Short title
1.
This Act may be cited as the Public Reserves (Amendment) Act 2009.
Commencement
2.
This Act commences on the day on which notification of assent is published
in the Gazette.
Principal Act
3.
In this Act the Public Reserves Act 1997 is referred to as the principal Act.
Schedule
4.
The principal Act is amended as set out in the applicable items in the
Schedule.
Schedule
Item
Amendment
1.
New Part 4A
Following section 36, insert―
PART 4A – THE CEMETERY
Division 1 – Preliminary
36A.
Definitions
In this Part―
“cemetery” means that part of the Cemetery Reserve established in
accordance with the Public Reserves Act 1997 that is set aside for
burial purposes.
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Public Reserves (Amendment)
No. 15, 2009
“the sexton” means the person appointed in accordance with section 36D or a
person acting in his or her stead.
Division 2 - Burial
36B.
2.
Graves
The Regulations may determine arrangements for the designation of
sites for, and the digging of graves, within the cemetery
36C.
Burial Fees
The fee, if any, for burial and grave digging shall be as prescribed.
Division 3 - Miscellaneous
36D.
Sexton
(1)
For the purposes of this Act, the Administrator may appoint the
sexton.
(2)
The sexton holds office for such period being not more than 3
years, and upon such terms as the Administrator may determine.
(3)
At the expiration of his or her term of appointment the sexton
may be reappointed upon the same or different terms.
(4)
The sexton is responsible for the day to day management and
control of the cemetery and has such duties as may be determined by law or
the terms of appointment.
(5)
Notwithstanding subsection (4), the powers of the sexton must
be exercised subject to any lawful directions of the Conservator.
(6)
If at any time the sexton is unable to perform his or her duties
under this Act the Administrator may appoint a person to act in the place of
the sexton for such time and upon such conditions as the Administrator
determines.
New Regulation power
Following section 54, insert―
54A.
Regulations for Part 4A
(1)
For the purposes of Part 4A, the Administrator may make
Regulations for or with respect to —
(a) prescribing rules for or with respect to the general care,
protection and management of the cemetery;
(b) fees;
(c) forms;
(d) prescribing information;
(e) the protection of public health and the maintenance of
public order in the cemetery;
(f) the care, protection and management of the cemetery;
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Public Reserves (Amendment)
No. 15, 2009
(g) the interment or other disposition of human remains in the
cemetery;
(h) the structure, maintenance and management of memorials,
places of interment and buildings for ceremonies in the
cemetery;
(i) the disposition or interment of cremated human remains;
(j) prescribing penalties not exceeding 20 penalty units for a
contravention of the Regulations made under this section.
Notified Gazette No. 1, 8 January 2010.
Commenced on notification (8 January 2010).
This enactment amends Act No. 8 of 1997.
Printed on the authority of the Administrator.
This Act was re-issued on 23 April 2010 to amend the incorrect designation of a subsection in the
definition of “the sexton” in Item 1 of the Schedule of this Act.
© Norfolk Island Government 23 April 2010
The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of
this legislation. For reproduction or publication beyond that permitted by the Act, written permission must
be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.