Schedule 1A—Membership and procedure of Class A cemetery trusts
Section 6A(3)
1 Terms of appointment
(1) A member of a Class A cemetery trust holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment.
(2) A member of a Class A cemetery trust is eligible for re-appointment.
(3) A member of a Class A cemetery trust is appointed on the terms and conditions specified in the instrument of appointment.
(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.
2 Chairperson of Class A cemetery trust
(1) The Governor in Council, by instrument, must appoint one of the members of a Class A cemetery trust to be chairperson.
(2) A person appointed as chairperson of a Class A cemetery trust—
(a) holds that office for the period not exceeding 3 years; and
(b) is eligible for re-appointment.
(3) A person appointed as chairperson ceases to hold that office—
(a) on ceasing to be a member of the Class A cemetery trust; or
(b) on resigning as chairperson but remaining as a member; or
(c) on the expiry of his or her appointment as chairperson.
3 Resignation and removal of members
(1) A member of a Class A cemetery trust may resign the office of member by writing signed by the member and addressed to the Minister.
(2) The Governor in Council, on the recommendation of the Minister, may at any time remove a member of a Class A cemetery trust from office.
4 Vacancies in membership
If a member of a Class A cemetery trust dies, resigns or is removed from office, the Governor in Council, in accordance with this Act, may fill the vacant office.
5 Remuneration, fees and allowances of members
(1) A member of a Class A cemetery trust is entitled to be paid any remuneration fixed for that member from time to time by the Governor in Council, whether—
(a) in the member's instrument of appointment; or
(b) by order published in the Government Gazette.
(2) A member of a Class A cemetery trust is entitled to receive reimbursement of reasonable expenses incurred in that office.
(3) Any amounts paid to a member of a Class A cemetery trust as reimbursement for expenses incurred are to be paid from the funds of that trust.
6 Validity of decisions of cemetery trusts
(1) An act or decision of a Class A cemetery trust is not invalid merely because of—
(a) a defect or irregularity in, or in connection with, the appointment of a member; or
(b) a vacancy in the membership of the trust, including a vacancy arising from the failure to appoint an original member.
(2) Anything done by or in relation to a person purporting to act as chairperson or as a member is not invalid merely because—
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in relation to the appointment; or
(c) the appointment had ceased to have effect.
7 Presiding at meetings of Class A cemetery trusts
The person who is to preside at a meeting of a cemetery trust is—
(a) the chairperson, if he or she is present; or
(b) if the chairperson is absent, a member elected to preside by the members of the Class A cemetery trust present at the meeting.
8 Proceedings of Class A cemetery trusts
(1) Subject to subclause (2), meetings of a Class A cemetery trust are to be held at the times and places that the chairperson determines.
(2) The chairperson of a Class A cemetery trust may at any time convene a meeting, but must do so when requested by at least 2 members of the cemetery trust.
(3) A Class A cemetery trust may permit its members to participate in a particular meeting by—
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.
(4) A member who participates in a meeting under a permission under subclause (3) is deemed to be present at the meeting.
(5) A majority of the members for the time being constitutes a quorum of a Class A cemetery trust.
(6) A question arising at a meeting—
(a) must be determined by a majority of votes of members present and voting on that question; and
(b) if the voting is equal, the person presiding has a casting vote as well as a deliberative vote.
(7) The person presiding must ensure that minutes are kept of each of its meetings.
(8) Subject to this clause, a Class A cemetery trust may regulate its own proceedings.
9 Disclosure of interest of Class A cemetery trust members
(1) A member of a Class A cemetery trust who has a direct or indirect pecuniary interest in a contract or other matter being dealt with by the trust must disclose the nature of that interest at a meeting of the trust as soon as possible after becoming aware of the interest.
(2) A member of a Class A cemetery trust who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created in conflict with the member's duties as a member, must disclose that fact at a meeting of the trust as soon as possible after becoming aware of the potential conflict.
(3) The person presiding at a meeting at which a disclosure under this clause is made must cause that disclosure to be recorded in the minutes of the meeting.
(4) A person who has made a disclosure under this clause must not take any further part in the discussion of or vote on the contract or other matter to which the disclosure relates.
(5) If a member votes on a matter in contravention of subclause (4), his or her vote must be disallowed.
S. 186.
Schedule 2—Transitional provisions
1 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2) If this Schedule provides that a provision of an Act continues to apply to any matter or thing, then any regulation or other instrument having effect under that Act for the purposes of that provision also continues to apply to that matter or thing.
(3) If, by virtue of this Schedule, a provision of an Act or a regulation or instrument continues to apply to a matter or thing, it continues to apply as in force immediately before the provision was repealed or revoked.
(4) This Schedule applies despite anything to the contrary in any other provision of this Act.
2 Superseded references
On and from 1 July 2005, in any Act (other than this Act or a provision of the Cemeteries Act 1958 continued by this Act), or in any instrument made under any Act or in any other document of any kind—
(a) a reference to the Cemeteries Act 1958 is deemed to be a reference to the Cemeteries and Crematoria Act 2003; and
(b) a reference to a cemetery trust appointed under the Cemeteries Act 1958 or to trustees of a public cemetery is deemed to be a reference to a cemetery trust established under Part 2; and
(c) subject to clause 9, a reference to rules and regulations made by a cemetery trust under the Cemeteries Act 1958 is deemed to be a reference to—
(i) the model rules; or
(ii) if a cemetery trust makes cemetery trust rules, those cemetery trust rules—
so far as the reference relates to any period on or after 1 July 2005 and unless the context otherwise requires.
3 Cemetery trusts
(1) On 1 July 2005, a cemetery trust responsible for a public cemetery under the Cemeteries Act 1958 in existence immediately before that date—
(a) is deemed to be a cemetery trust established under Part 2 responsible for the management of the same public cemetery and known by the same name; and
(b) continues in existence as if established under Part 2.
(2) On 1 July 2005, all money standing immediately before that date to the credit of a fund or account of a cemetery trust under the Cemeteries Act 1958 and any other money belonging to the cemetery trust as at that date may, after that date, be used or invested by a cemetery trust in accordance with this Act.
(3) On 1 July 2005, the trustees or members of a cemetery trust in office under the Cemeteries Act 1958 immediately before that date—
(a) are deemed to be the members of the cemetery trust continued in existence by subclause (1) appointed in accordance with section 6; and
(b) continue in office for the remainder of their original terms as if appointed under this Act.
(4) Despite subclause (3), a cemetery trust is to operate with the number of members it had immediately before 1 July 2005 until—
(a) if there were less than 3 trustees immediately before 1 July 2005, the Governor in Council appoints new members in accordance with this Act; or
(b) if there were more than 11 trustees immediately before 1 July 2005, the number of initial members falls to 11.
4 Public cemeteries and crematoria
(1) On 1 July 2005, a public cemetery in existence immediately before that date is deemed to be a public cemetery established in accordance with Part 2 with the same name as it had before that date.
(2) On 1 July 2005, a crematorium in existence immediately before that date is deemed to be a crematorium established under section 21.
(3) On 1 July 2005, any mausoleum established by a cemetery trust under the Cemeteries Act 1958 in existence immediately before that date is deemed to be a mausoleum facility established under section 22.
5 Rights of interment
(1) On 1 July 2005, an exclusive right of burial under the Cemeteries Act 1958 in existence immediately before that date—
(a) is deemed to be a right of interment specified in section 75(a) of this Act in respect of the same site as that exclusive right of burial; and
(b) is subject to any terms and conditions on which it was originally granted under the Cemeteries Act 1958 which are not inconsistent with this Act.
(2) On 1 July 2005, any agreement for the interment of human remains which was not for a limited period made with a cemetery trust under the Cemeteries Act 1958 or the rules made under that Act and in existence immediately before that date—
(a) is deemed to be a right of interment specified in section 75(a) of this Act in respect of the same site as that to which the agreement related; and
(b) is subject to any terms and conditions on which it was originally granted under the Cemeteries Act 1958 which are not inconsistent with this Act.
(3) On 1 July 2005, any agreement for the interment of human remains for a limited period made with a cemetery trust under the Cemeteries Act 1958 or the rules made under that Act and in existence immediately before that date—
(a) is deemed to be a right of interment for a period not exceeding the time for which it is granted; and
(b) may be converted to a 25 year right of interment or a perpetual right of interment in accordance with section 87 as if it were a right of interment referred to in that section.
(4) On 1 July 2005, any agreement for the interment of human remains in a public grave made with a cemetery trust under the Cemeteries Act 1958 or the rules made under that Act and in existence immediately before that date is deemed to be a right of interment specified in section 75(b) of this Act.
6 Interment authorisations and approvals
(1) On 1 July 2005, an application for a burial permit under section 19 of the Cemeteries Act 1958 which has been made but not determined before 1 July 2005 is deemed to be an application for an interment authorisation and may be considered and determined by a cemetery trust accordingly.
(2) On 1 July 2005, a burial permit issued under section 19 of the Cemeteries Act 1958 and in existence immediately before that date is deemed to be an interment authorisation.
(3) On 1 July 2005, an application for an approval from the Secretary for burial in any private ground or land under section 47 of the Cemeteries Act 1958 which has been made but not determined before 1 July 2005 is deemed to be an application for an interment approval and may be considered and determined by the Secretary accordingly.
(4) On 1 July 2005, an approval from the Secretary for burial in any private ground or land under section 47 of the Cemeteries Act 1958 and in existence immediately before that date is deemed to be an interment approval.
7 Cremation authorisations and approvals
(1) On 1 July 2005, an application for permission to cremate a corpse under section 76 of the Cemeteries Act 1958 which has been made but not determined before 1 July 2005 is deemed to be an application for a cremation authorisation and may be considered and determined by a cemetery trust accordingly.
(2) On 1 July 2005, any permission to cremate a corpse given under section 76 of the Cemeteries Act 1958 and in existence immediately before that date is deemed to be a cremation authorisation.
(3) On 1 July 2005, an application for the consent the Secretary to cremate or destroy human remains by fire in any place outside a cemetery under section 79 of the Cemeteries Act 1958 which has been made but not determined before that date is deemed to be an application for an approval to cremate outside a public cemetery under section 135 and may be considered and determined by the Secretary accordingly.
(4) On 1 July 2005, a duly completed document authorising cremation signed by the Secretary under section 77(1)(b)(iv) of the Cemeteries Act 1958 and in existence immediately before thatdate is deemed to be a cremation approval.
8 Registers and records
On 1 July 2005, a register or record kept under the Cemeteries Act 1958 is deemed to be a record kept in accordance with Part 4.
9 Trustees rules and regulations
On 1 July 2005—
(a) all rules and regulations made by a cemetery trust under section 9 of the Cemeteries Act 1958 are revoked; and
(b) the model rules apply to any public cemetery for which a cemetery trust continued in existence under clause 3 is responsible unless that cemetery trust makes cemetery trust rules.
10 Continuation of entitlement under section 25(5) of the Cemeteries Act 1958
Despite the repeal of section 25(5) of the Cemeteries Act 1958, a person who had a right toacquire an exclusive right under section 25 in respect of a place of burial in existence immediately before that repeal is entitled, on payment of the relevant cemetery trust fee, to purchase a right of interment specified in section 75(a) to that place.
11 Existing fees or charges or scales of fees and charges
On 1 July 2005, any scale of fees made by a cemetery trust under section 17 or section 69 of the Cemeteries Act 1958 is deemed to be the cemetery trust fees in respect of that public cemetery and, subject to this Act, remains in force until 1 July 2006.
12 Administrators appointed under Cemeteries Act 1958
On 1 July 2005, any administrator appointed to manage a public cemetery under section 6 of the Cemeteries Act 1958 and whose appointment was in force immediately before that date is deemed to have been appointed to manage that public cemetery in accordance with section 10.
13 Borrowings under Cemeteries Act 1958
Despite the repeal of section 8 of the Cemeteries Act 1958, that section, as in force immediately before its repeal, continues to apply in relation to any money borrowed by a cemetery trust under that section immediately before its repeal.
14 Existing borrowings approved by Treasurer
Despite the repeal of section 8A of the Cemeteries Act 1958, that section, other than subsection (7), as in force immediately before its repeal continues to apply in respect of any moneys borrowed by a cemetery trust in accordance with that section immediately before its repeal.
15 Permits to erect monuments and dig graves
(1) On 1 July 2005, a permit issued under section 18 of the Cemeteries Act 1958 and in existence immediately before that date is deemed to be an approval under section 99.
(2) Section 179 does not apply to a permit issued under section 18 of the Cemeteries Act 1958 which is deemed by subclause (1) to be an approval under section 99.
16 Erecting monuments
(1) On 1 July 2005, a plan of a vault, monument or tombstone proposed to be erected or placed in a cemetery submitted to a cemetery trust and the Secretary under section 20 of the Cemeteries Act 1958 which has not been determined before that date is deemed, on that date, to be an application under section 98 and may be considered and determined by a cemetery trust accordingly.
(2) On 1 July 2005, a permit issued under section 20 of the Cemeteries Act 1958 and in existence immediately before that date is deemed to be an approval under section 99.
(3) Section 179 does not apply to a permit issued under section 20 of the Cemeteries Act 1958 which is deemed by subclause (2) to be an approval under section 99.
17 Noxious exhalations or evaporations
On 1 July 2005, a notice under section 22 of the Cemeteries Act 1958 existing immediately before that date is deemed to be a notice under section 106.
18 Repair of memorials
(1) On 1 July 2005, a notice under section 23 of the Cemeteries Act 1958 existing immediately before that date is deemed to be a notice under section 106.
(2) On 1 July 2005, a consent of the Secretary under section 23(3)(b) of the Cemeteries Act1958 existing immediately before that date is deemed to be a consent of the Secretary under section 106(4)(b).