CREMATION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Restrictions on construction and operation of crematoria

   4   Grant of licences

   5   Plans and site of crematorium

   6   Restrictions upon cremation of human remains

   7   Notices to Registrar of births and deaths

   8   Regulations

   9   Penalties

   10   Fees

   11   Saving of coroners

   12   Nuisances

 

THE CREMATION ACT

[Date of Commencement: 15th December, 1951]

Cap 82.

Act 42 of 1969.

1   Short title

   This Act may be cited as the Cremation Act.

2   Interpretation

   In this Act-

   "crematorium" means any building fitted with appliances for the purpose of burning human remains and shall include everything incidental or ancillary thereto;

   "local authority" means-

   (a)   in relation to the Corporate Area as defined in the Kingston and St. Andrew Corporation Act, the Council of the Kingston and St. Andrew Corporation; and

   (b)   in relation to the parishes not within the Corporate Area, the Parish Councils of such parishes within their respective parishes;

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   "prescribed" means prescribed by regulations under section 8.

3   Restrictions on construction and operation of crematoria

   No person shall construct or operate a crematorium except under and in accordance with a licence in that behalf issued by the local authority of the area in which such crematorium is to be constructed or operated.

4   Grant of licences

   The grant of a licence for the construction or operation of a crematorium shall be in the absolute discretion of the local authority who may grant or withhold such licence as they think most conducive to the public good and to appeal shall lie from their decision.

5   Plans and site of crematorium

   No crematorium shall be constructed-

   (a)   except upon a site and in accordance with plans approved by the local authority of the area;

   (b)   nearer to any dwelling-house than two hundred yards except with the consent in writing of the owner, lessee or occupier of such house;

   (c)   within fifty yards of any public thoroughfare;

   (d)   in the consecrated part of the burial ground of any public cemetery.

6   Restrictions upon cremation of human remains

   (1) No human remains shall be burned unless an order for the cremation of such remains has been obtained from the coroner or an officer of the Constabulary of the parish in which the deceased person died.

   (2) Upon application for an order under subsection (1) the coroner or officer of the Constabulary, if satisfied after investigation that the circumstances of the death of the deceased person are not such as to require the making of a post mortem examination under the Coroners Act, may make and deliver to the person causing the remains to be cremated an order in the prescribed form for the cremation thereof.

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