Western Australian Current Acts Western Australian Current Acts (1) It shall be lawful
for the Board or controlling authority of any cemetery holding a licence under
section 4 to define and set aside any portion of such cemetery as a site for a
crematorium.
(2) Where any portion
of a cemetery has been defined and set aside as aforesaid, then,
notwithstanding any Act or law to the contrary, the following provisions shall
apply —
(a) the
portion of the cemetery so defined and set aside may be used only for the
erection of a crematorium thereon, and for the burial of the ashes of dead
human bodies cremated in such crematorium, and the Board or controlling
authority may prohibit the burial in such portion of the cemetery aforesaid of
any dead human bodies which have not been so cremated;
(b) the
Board or controlling authority of the cemetery, instead of themselves using
and conducting a crematorium in such portion of the cemetery, may grant a
permit for such period, and upon and subject to such conditions as they may
think fit, to any association holding a licence under section 4, to erect a
crematorium upon the portion of the cemetery aforesaid, and to use and conduct
such crematorium thereon, and to use such portion of the cemetery for the
burial of the ashes of dead human bodies which have been cremated in such
crematorium.
(3) Where the Board or
controlling authority of a cemetery have granted to an association a permit as
provided for in subsection (2), such association shall, during the continuance
of such permit, be deemed to be a trustee of that portion of the cemetery to
which such permit applies, and, in relation thereto, to have all the rights,
powers, and authorities of the trustees of a cemetery in accordance with the
laws for the time being in force and relating to public cemeteries, and the
portion of the cemetery to which such permit applies shall to all intents and
purposes be deemed to be a public cemetery, save and except that only the
ashes of the dead human bodies after cremation shall be buried therein, unless
the association otherwise determines.
[Section 5 amended: No. 103 of 1986 s. 5.]