Burial and Cremation Regulations 2015 (Tas)

Burial and Cremation Regulations 2015

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Burial and Cremation Act 2002 .

22 May 2015

C. WARNER

Governor

By Her Excellency's Command,

PETER GUTWEIN

Minister for Planning and Local Government

PART 1 - Preliminary

1. Short title These regulations may be cited as the Burial and Cremation Regulations 2015 .

2. Commencement These regulations take effect on 21 June 2015.

3. Interpretation (1) In these regulations – Act means the Burial and Cremation Act 2002 ; alkaline hydrolysis means a process in which human remains – (a) are placed in a solution of water and alkali in a pressurised chamber; and (b) are heated, in that chamber, to a temperature that causes the human remains to be reduced to a sterile liquid and bones; authorised officer means an authorised officer as defined in section 51 of the Act; bodily discharges includes blood, gas and bodily waste; certificate of exclusive right of burial means a certificate issued under regulation 27 ; coffin means a box, case, or other receptacle, designed for, and into which, human remains are placed for storage, movement, cremation or interment; container means a container, bag, or other receptacle, into which human remains are placed for storage or movement; coroner has the same meaning as in the Coroners Act 1995 ; coroner's certificate means a certificate issued by a coroner in accordance with section 32 of the Coroners Act 1995 ; cremation permit means a permit, authorising cremation, issued and in force under Division 1 of Part 4 ; declaration of life extinct means a declaration of life extinct referred to in regulation 10 ; Director of Local Government means Director as defined in the Local Government Act 1993 ; Director of Public Health means the person appointed as Director of Public Health under section 6 of the Public Health Act 1997 ; employee means a person who is employed in a prescribed business; grave means – (a) an interment plot; or (b) a vault; or (c) any other site or structure – in which human remains are interred; identification tag means an identification tag referred to in regulation 11 ; implanted medical device means a medical device, implanted in a person, that may cause an explosion if the body of that person, when deceased, is cremated, and includes, but is not limited to, any of the following: (a) a battery; (b) radioactive material; (c) a cardiac pacemaker; manager means a person who, either alone or with others, manages, operates, or is in day-to-day control of, a prescribed business; medical certificate means – (a) a certificate certifying the cause of a person's death given by a medical practitioner under section 35(3) of the Births, Deaths and Marriages Registration Act 1999 ; or (b) a notice or certificate that is issued and is in force under a law of the Commonwealth, another State, a Territory, or any other place outside this State, that corresponds to a certificate of the kind referred to in paragraph (a) ; midwife means a person registered under the Health Practitioners Regulation National Law (Tasmania) in the midwifery profession; nurse means a registered nurse or an enrolled nurse; officer of the Ambulance Service means officer of the Ambulance Service as defined in the Ambulance Service Act 1982 ; personal representative, in relation to a deceased person, includes – (a) the executor of the will of the deceased person; and (b) the administrator of the deceased person's estate; and (c) the Public Trustee as defined in the Public Trustee Act 1930 ; and (d) a person nominated by the coroner, under subregulation (3) , as senior next of kin in relation to the deceased person; proclaimed war means any war or hostilities or special assignment in which any of the naval, military or air forces of the Crown or of the Commonwealth of Australia have been, are, or may be, engaged; Registrar of Births, Deaths and Marriages means Registrar as defined in the Births, Deaths and Marriages Registration Act 1999 ; reportable death means reportable death as defined in the Coroners Act 1995 but does not include a death that is, by virtue of section 93(2) of the End-of-Life-Choices (Voluntary Assisted Dying) Act 2021 , not a reportable death for the purposes of the Coroners Act 1995 ; responsible person means – (a) a nurse; or (b) an officer of the Ambulance Service; or (c) any other person who, in the opinion of a medical practitioner, has the knowledge and skills necessary to determine if – (i) the person who has been notified as dead is in fact dead; and (ii) the death is a reportable death; service or duty includes – (a) any naval, military or air service in any proclaimed war; and (b) any special defence undertaking within the meaning of section 6 of the Defence (Special Undertakings) Act 1952 of the Commonwealth; and (c) any peacetime activities, including any peace-keeping activities; and (d) any training activities conducted in conditions simulating war or war-like activities; spouse includes the other party to a significant relationship, within the meaning of the Relationships Act 2003 ; tray means a tray or table on which human remains are placed before being placed in a coffin; vault means – (a) a compartment in a mausoleum; or (b) a compartment in an underground chamber – in which human remains are or may be interred; veteran means a person – (a) who is, or has been, employed as an officer, or a member, of the naval, military or air forces of – (i) the Commonwealth of Australia; or (ii) the Crown or an ally of the Crown; and (b) who, while so employed, performed a service or duty; (2) . . . . . . . . (3) . . . . . . . . (4) . . . . . . . .