Western Australian Consolidated Acts

CEMETERIES ACT 1986 - SCHEDULE 2

[s. 67]

        [Heading amended by No. 19 of 2010 s. 4.]

1 .         Terms used in this Schedule

                In this Schedule — 

        commencement day means the day fixed under section 2 as the day on which this Act comes into operation;

        repealed Act means the Cemeteries Act 1897 .

2 .         Existing public cemeteries deemed cemeteries

                Places appointed as public cemeteries by proclamation of the Governor under section 5 of the repealed Act and disused burial grounds deemed to be cemeteries by reason of section 41B of the repealed Act shall on the commencement day be deemed to be cemeteries for the purposes of and subject to this Act.

3 .         Management by local government authority

                Where immediately before the commencement day a local government authority is the sole trustee of a public cemetery (having been so appointed under section 10 of the repealed Act), the care, control and management of the cemetery shall on the commencement day be deemed by order under section 5 to have been vested in the local government authority for the purposes of and subject to this Act.

4 .         Trustees to become Board members

                Where immediately before the commencement day persons (other than a local government authority) are the trustees of a public cemetery (having been so appointed under section 10 of the repealed Act) — 

            (a)         the care, control and management of the cemetery shall on the commencement day be deemed to have been vested by order under section 5 in a Board for the purposes of and subject to this Act;

            (b)         the body corporate incorporated under section 10A of the repealed Act shall on the commencement day continue as a body corporate and be deemed from that day to have been established as a cemetery board by order under section 7 for the purposes of and subject to this Act under the name of the “         Cemetery Board” (the word “Cemetery” being preceded by the name of the cemetery for which the trustees were appointed); and

            (c)         the trustees holding office immediately before the commencement day shall be deemed to have been appointed to be members of the Board for a term of 12 months beginning on the commencement day.

5 .         Existing funeral directors’ licences

        (1)         Where immediately before the commencement day a person holds a funeral director’s licence valid in respect of a public cemetery and issued to the person under by-laws made under the repealed Act by the trustee or trustees of that cemetery, the licence shall be deemed to be a funeral director’s licence issued to that person under section 17 and valid for the conduct of funerals at the cemetery or cemeteries specified in the licence.

        (2)         A funeral director’s licence deemed to have been issued by virtue of subclause (1) shall be valid, unless it is sooner suspended or cancelled under section 18, for the term for which it was issued, except that it shall not in any case be valid for a term longer than 12 months from the commencement day.

6 .         Grants of right of burial

                Nothing in this Act shall affect a right of burial in a cemetery granted under the repealed Act, except that in the case of such a right granted in perpetuity or for an indefinite term or for a term extending more than 25 years after the commencement day, the right shall be varied by virtue of this clause so that the right expires on a day 25 years after the commencement day.

7 .         Registers

                The registers of burials and grants of right of burial kept under sections 19 and 21 of the repealed Act shall be deemed to form part of the registers required to be kept under section 40(1)(a) and (b) respectively.

8 .         Fees and charges

                Where immediately before the commencement day fees and charges are prescribed in respect of a cemetery by by-laws made under the repealed Act, the fees and charges shall on the commencement day be deemed to be set by resolution by the Board under and subject to section 53.

9 .         Saving

                All acts, matters and things that immediately before the commencement day were in existence or in operation under the repealed Act shall, in so far as is consistent with this Act, subsist and enure as if at the time they originated or were done this Act had been in operation and they had originated or been done thereunder.