82Closure of crematoria for reasons of public health or public safety

82 Closure of crematoria for reasons of public health or public safety

(1)  If it appears to the Director of Public Health or the general manager of a council that the whole or any portion of a crematorium is prejudicial to public health or public safety, the Director or general manager may give notice to the crematorium manager that the whole or a specified portion of the crematorium is to be closed on a date specified in the notice.

(2)  The notice may require the crematorium manager to carry out any works, or to take any action, specified in the notice before a date so specified as may be necessary in the interests of public health or public safety.

(3)  If the crematorium manager complies with the requirements of the notice to the satisfaction of the Director of Public Health or the general manager of the council before the date specified in the notice, the notice is taken to be withdrawn, but if the crematorium manager fails to do so, the crematorium is taken to be closed on that date until the requirements have been complied with.

(4)  If there are no requirements in the notice to be observed by the crematorium manager, the crematorium is taken to be closed on the date specified in the notice.

(5)  [Section 82 Subsection (5) amended by No. 7 of 2025, s. 53, Applied:01 Jul 2025] [Section 82 Subsection (5) amended by No. 7 of 2025, s. 53, Applied:01 Jul 2025] A crematorium manager who receives a notice under this section may, within 14 days, appeal to the Tasmanian Civil and Administrative Tribunal against the notice which may, if the appeal is not dismissed, vary or revoke the notice.

(6)  If a crematorium manager is given a notice under subsection (1) , the crematorium manager must comply with the notice unless the notice is withdrawn or revoked in accordance with this section.

Penalty:  Fine not exceeding 100 penalty units.