Australian Capital Territory Numbered Regulations

CEMETERIES AND CREMATORIA REGULATIONS 2003 (NO 31 OF 2003) - REG 16

    (1)     The Minister may, in writing, open a facility.

    (2)     The Minister must not open a facility unless the proposed operator has given the Minister the relevant details.

    (3)     The Minister must not open a cemetery unless—

        (a)     a water table assessment (or hydrological survey) of the proposed site has been conducted; and

        (b)     the Minister is satisfied that there will be no contamination of the water table; and

        (c)     the proposed use of the site is consistent with the Territory plan.

    (4)     The Minister must not open a crematorium unless—

        (a)     the proposed use of the site is consistent with the Territory plan; and

        (b)     the Minister is satisfied that the proposed operator has an environmental authorisation, required by the Environment Protection Act 1997 , section 42, to operate the crematorium.

    (5)     An instrument under subregulation (1) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.