Cemeteries and Crematoria Regulation 2022 (2022-463) (NSW)

Cemeteries and Crematoria Regulation 2022

Part 1 Preliminary

1 Name of Regulation This Regulation is the Cemeteries and Crematoria Regulation 2022.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation replaces the Cemeteries and Crematoria Regulation 2014, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions In this Regulation— ash interment means interment of ashes above or below ground. financial year—see section 4. prescribed cemetery operator—see section 4. prescribed interment service—see section 4. prescribed period—see section 4. quarter means the 3-month period beginning 1 July, 1 October, 1 January or 1 April in each financial year. the Act means the Cemeteries and Crematoria Act 2013.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Part 2 Interment service general levy—the Act, s 24

4 Definitions In this part— financial year means a year ending on 30 June. prescribed cemetery operator means a cemetery operator prescribed by section 4AB. prescribed interment service means an interment service prescribed by section 4AA. prescribed period means a period prescribed by section 4AE.

4AA Prescribed interment services (1) For the Act, section 24(2)(a), the following interment services are prescribed— (a) a burial, (b) a cremation, (c) an ash interment. (2) Subsection (1) does not apply to an interment service provided in relation to— (a) a destitute person, or (b) an unviable pregnancy, or (c) a stillborn child, or (d) a child under 12 years of age. (3) In this section— destitute person means a destitute person for the purposes of the policy document entitled "Destitute Persons - Cremation or Burial" published by the Ministry of Health, as in force from time to time.