Chapter 599 – Cremation Act
What is this act about?
Din il-liġi tistabbilixxi r-regoli għall-proċess tal-kremazzjoni tal-fdalijiet umani, inklużi l-liċenzjar tal-krematorji, il-kundizzjonijiet għall-kremazzjoni, u r-reġistrazzjoni tal-kremazzjonijiet.
Who it applies to: Operaturi li jixtiequ jiftħu jew joperaw krematorju f'Malta; Persuni li jixtiequ jiġu kremati wara mewthom, jew li ma jixtiequx jiġu kremati.
At a glance
- Country
- Malta
- Area of law
- Other legislation
- Articles
- 38
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- Il-proċess tal-kremazzjoni tal-fdalijiet umani.
- Il-liċenzjar tal-krematorji.
- Il-kundizzjonijiet għall-kremazzjoni.
- Ir-reġistrazzjoni tal-kremazzjonijiet permezz ta' Reġistru Nazzjonali tal-Kremazzjoni.
Who does this act apply to?
- Operaturi li jixtiequ jiftħu jew joperaw krematorju f'Malta.
- Persuni li jixtiequ jiġu kremati wara mewthom, jew li ma jixtiequx jiġu kremati.
- Il-qraba tal-persuna mejta li jkollhom jagħżlu bejn kremazzjoni jew dfin.
What are the key points?
- Ħadd ma jista' jiftaħ jew jopera krematorju f'Malta mingħajr liċenzja valida maħruġa mis-Superintendent.
- Liċenzja għall-operat ta' krematorju hija valida għal ħames (5) snin mid-data tal-ħruġ.
- Kull krematorju għandu jkollu, bħala minimu: mortwarju, viewing room, faċilitajiet adegwati biex jitneħħa materjal barrani qabel il-kremazzjoni, kamra tal-kremazzjoni, u spazju fejn jistgħu jinħażnu l-fdalijiet kremati.
- Ir-Reġistru Nazzjonali tal-Kremazzjoni jirreġistra dettalji ta' persuni li jgħixu f'Malta li jixtiequ jiġu kremati, ix-xewqat tagħhom dwar iż-żamma jew ir-rimi tal-fdalijiet kremati tagħhom, u dettalji ta' persuni li jesprimu li ma jixtiequx jiġu kremati.
- Persuna tista' tiġi reġistrata fir-Reġistru Nazzjonali jekk tkun għalqet is-sittax (16) -il sena, ma tkunx legalment inkapaċitata, tkun għamlet dan volontarjament, u kellha informazzjoni adegwata dwar it-tifsira u l-konsegwenzi tar-reġistrazzjoni.
Other legislation
Legal text
Legal text
CREMATION
CHAPTER 599
CREMATION ACT AN ACT to make provision for the process of cremation of human remains, including the processes relating to the licensing of crematoria, conditions for cremation, registration of cremations, and to make provision with respect to matters ancillary thereto or connected therewith.
25th October, 2024* ACT XVII of 2019.
ARRANGEMENT OF THE ACT
Part I
Part II
Part III
Part IV
Part V
Part VI
Part VII
Part VIII
Part IX
Schedule I Schedule II Preliminary The Authority Operation of Crematoria The National Cremation Register Cremation Retention or Disposal of Cremated Remains Enforcement Appeals Miscellaneous Form A – Application for Cremation Code of Cremation Practice Articles 1–2 3–5 6 – 13 14 – 17 18 – 25 26 – 30 31 – 32 34 – 38
PART I
PRELIMINARY
Art. 1
The short title of this Act is the Cremation Act.
Short title.
Art. 2
In this Act, unless the context otherwise requires:
Interpretation. "applicant" means the person who submitted the application for cremation; "columbarium" means an above-ground structure designed for the purpose of placing cremated remains in niches; "cremation" means the technical process which reduces human remains to cremated remains, including the pulverisation of such remains; "Cremation Certificate" means the document given to the applicant following cremation; *Vide Legal Notice 280 of 2024.
CREMATION "cremation container" means any container or casket which is rigid, resistant to leaks or spills, combustible, biodegradable, and non-toxic, within which human remains are placed prior to cremation; "cremated remains" means all human remains recovered following the completion of a cremation; "foreign matter" means any items including, but not limited to, body prosthesis, dentures, dental bridgework, dental fillings, or jewellery found upon the deceased’s body; "grave" means any plot within any cemetery which has been constructed for burial purposes, and for the purposes of this Act, also includes private graves; "human remains" means the body of a deceased person, in any stage of decomposition, and for the purposes of this Act, shall include stillbirths; "inquest" means an inquest into the sudden death of a person conducted by a Magistrate under article 551 of the Criminal Code; "Minister" means the minister responsible for health; "National Register" means the National Cremation Register defined in article 14; "operator" means the person in possession of a valid licence to operate a crematorium; "register" means the Register of Cremations defined in article 24; "Superintendent" means the Superintendent of Public Health, and to the extent of any delegation or authority given, includes an authorised officer; "Tribunal" means the Administrative Review Tribunal established by article 5 of the Administrative Justice Act; "urn" means any sealable receptacle designed for the permanent storage of cremated remains; "viewing room" means that space within the crematorium designated for a final private moment between the next of kin and the human remains of the deceased.
PART II
THE AUTHORITY CREMATION
Art. 3
Responsible authority.
Art. 4
The Superintendent shall, by no later than three (3) months from the coming into force of this Act, issue guidelines with regard to the procedure for the licensing of a crematorium under this Act.
Guidelines.
Art. 5
The Superintendent may choose to delegate any of his powers and functions to any person within his office:
Delegation of functions.
Provided that such delegation may be with respect to different parts or articles of this Act, and to different persons or entities, or to a combination thereof, who shall be subject to any direction by the Superintendent who may, at any time, revoke such delegation.
PART III
OPERATION OF CREMATORIA
Art. 6
Without prejudice to any other permit required by any other entity, no person shall open or operate a crematorium in Malta without a valid licence issued by the Superintendent.
Licence for the operation of a crematorium.
Submission and examination of applications.
CREMATION
Art. 7
Crematorium facilities.
Art. 8
Without prejudice to any other conditions as may be prescribed from time to time, every crematorium shall have, as a minimum: (a) a mortuary; (b) a viewing room; (c) the adequate facilities to remove foreign matter prior to cremation;
Licence Certificate. (d) a cremation chamber; and (e) space where cremated remains may be stored.
Art. 9
Renewal or transfer of licence.
Art. 10
Provided that such transfer shall be without prejudice to the validity and enforceability of any licence conditions imposed by the Superintendent:
Provided further that such transfer from one operator to another shall not be taken to allow the physical transfer of the location of the crematorium.
CREMATION
Art. 11
Refusal.
Art. 12
Provided that such report shall also include evidence of due warning to the operator that the licence shall be revoked or suspended unless action is taken in an appropriate time and manner.
Provided that such revocation or suspension shall have effect from date of service.
CREMATION guilty of an offence against this article.
Permanent closure of crematorium.
Art. 13
PART IV
THE NATIONAL CREMATION REGISTER National Cremation Register.
Art. 14
Art. 15
Registration. and (d) has had adequate information on the meaning and consequences of registration under this Act.
Art. 16
A person having registered his intention under this Act may at any time choose to retract such intention, and apply for deregistration with the Superintendent, who shall forthwith record this information and de-register the said person:
Provided that de-registration shall not bar such person from De-registration.
CREMATION re-registering any intention in accordance with this Act once again.
Death of an unregistered person.
Art. 17
Upon the death of a person who is not registered in accordance with this Act, the choice between cremation or burial of that deceased person shall fall upon: (a) the spouse, civil union partner, or cohabitant of the deceased person; or in their absence: (i) a parent or child of the deceased person, or in their absence; (ii) any other relative residing with the deceased, or in their absence; (iii) the Superintendent; or (b) in the case of a stillborn child, the parents of that stillborn child, or in their absence, the Superintendent; or (c) the tutor or legal guardian of the deceased person who was subject to tutorship or guardianship, or in their absence, the Superintendent; or (d) the Superintendent.
PART V
CREMATION Where cremation may take place.
Art. 18
Cremation may only take place in a crematorium with a valid licence issued by the Superintendent in accordance with this Act.
Human remains to be treated with dignity.
Art. 19
Provided that such belief, creed, or religion shall include reference to a lack thereof.
Application for cremation.
Art. 20
CREMATION (i) a parent or child of the deceased person, or in their absence; (ii) any other relative residing with the deceased, or in their absence; (iii) the Superintendent; or (b) in the case of a stillborn child, the parents of that stillborn child, or in their absence, the Superintendent; or (c) the tutor or legal guardian of the deceased person who was subject to tutorship or guardianship, or in their absence, the Superintendent; or (d) the Superintendent.
Art. 21
A stillborn child may be cremated in accordance with Cremation of a stillborn child.
Art. 22
Removal of foreign matter.
CREMATION
Cremation.
Art. 23
Registration of Cremations.
Art. 24
Provided that in the event that the crematorium ceases to operate, the register shall be deposited with the Superintendent in terms of article 13.
Contents of the register.
Art. 25
PART VI
RETENTION OR DISPOSAL OF CREMATED REMAINS
Art. 26
Cremated remains may either be retained or disposed of in accordance with this Act.
Retention or disposal.
Art. 27
In all cases, any urn containing cremated remains, or c r e m a t e d r e m a i n s t h e m s e l v e s , sh a l l b e d e e m e d t o be e xt r a commercium.
Urns or cremated remains to be deemed extra commercium.
Art. 28
Retention of cremated remains.
Art. 29
Disposal of cremated remains.
Where cremated remains are not collected.
CREMATION
Art. 30
Where the applicant declares that he does not want to be given the cremated remains, or where such cremated remains are not collected within six months from when the cremation took place, the operator shall place such cremated remains in an urn, which shall be adequately labelled and stored in that part of the crematorium reserved for the storage of cremated remains.
PART VII
ENFORCEMENT Power to enter and inspect premises and obtaining of information.
Art. 31
Provided that the Superintendent shall inspect any crematorium regularly, and at least annually.
Power to request information.
Art. 32
The Superintendent may at any time require the operator to provide, without undue delay, any information relating to the services offered by the crematorium which is considered necessary or expedient to require for the purposes of this Act or any regulations made thereunder.
PART VIII
APPEALS Appeals.
Art. 33
Provided that the application of appeal shall be served on the Superintendent, who shall, by not later than twenty (20) days from such service, file a reply with the registry of the Tribunal.
PART IX
MISCELLANEOUS
Art. 34
It shall be lawful to submit an application to a crematorium requesting the cremation of human remains of deceased persons who died outside Malta:
Conveyance of corpses to Malta.
Provided that the Superintendent may refuse the application in the interest of public health.
Art. 35
It shall be lawful for the crematorium to convey the cremated remains, in a sealed urn, to the address outside of Malta as provided by the applicant.
Conveyance of cremated remains from Malta.
Art. 36
Articles 135, 136, 137, 138, 139, 140, 143 and 146 of the Police Act shall apply mutatis mutandis to any crematorium.
Applicability.
Art. 37
Offences.
Power of the Minister to make regulations.
Art. 38
The Minister may make regulations to give better effect to the provisions of this Act, and without prejudice to the generality of the foregoing may, by such regulations, prescribe anything that is to be or which may be prescribed and provide for any matter consequential, incidental to or connected with the provisions of this Act.
CREMATION SCHEDULE I (Article 20) FORM A APPLICATION FOR CREMATION OF HUMAN REMAINS
SECTION 1
APPLICANT DETAILS NAME SURNAME IDENTIFICATION NO. / PASSPORT NO.
ADDRESS CONTACT NO.
EMAIL ADDRESS
SECTION 2
DETAILS OF DECEASED NAME SURNAME IDENTIFICATION NO. / PASSPORT NO.
ADDRESS CREMATION
SECTION 3
APPLICATION FOR CREMATION I am the spouse/civil union partner/cohabitant of the deceased person I am the parent of the stillborn child PLEASE TICK WHERE APPROPRIATE:
I am the tutor or legal guardian of the deceased person who was subject to tutorship or guardianship I am the parent or child of the deceased person I am a relative who lived with the deceased I am the Superintendent for Public Health
SECTION 4
RETENTION OR DISPOSAL OF CREMATED REMAINS The deceased declared his wish National Register to be cremated in the The deceased declared his wish in the National Register, to have his cremation remains retained PLEASE TICK WHERE APPROPRIATE:
The deceased declared his wish in the National Register to have his cremation remains scattered The deceased did not register any wish in the National Register I wish to retain the cremation remains I wish to scatter the cremation remains I do not wish to receive the cremation remains CREMATION Please give further information or details regarding the above, for instance, where the cremation remains will be scattered or retained:
SECTION 5
CONFIRMATION OF FACTS DECLARED I am applying for the cremation of the Name of deceased human remains of:
Identification No.
To the best of my knowledge, I confirm that the facts given in this application are true.
I am aware that it is an offence to wilfully make a false statement within this application.
I confirm my identity and that I am at least sixteen years of age.
Together with this application, I am presenting a medical certificate giving the cause of death of the deceased, issued by a medical doctor / a medical certificate certifying that the child was stillborn, issued by a medical doctor or registered midwife / a decree is issued by the Magistrate, authorizing the release of the body for cremation / Superintendent’s permit.
SIGNED NAME AND SURNAME DATE CREMATION SCHEDULE II (Article 19) CODE OF CREMATION PRACTICE A.
CONDUCT The cremation of human remains is a highly emotional occasion for the bereaved. Crematorium staff must, to the best of their efforts, create and maintain a dignified atmosphere of reverence and respect throughout the entire proceedings and facilities.
B.
STAFF The operator shall ensure that all staff are suitably trained in the technical and ethical procedures.
C.
CREMATION Human remains brought to the crematorium, whether for a service prior to cremation, or a cremation without a service, shall be brought into the crematorium via the main entrance.
If the service is not to take place immediately, the human remains shall be placed in the appropriate area immediately in secure and sanitary storage within the crematorium.
Once all necessary procedures and services have been carried out, the cremation shall be carried out as soon as practicable. Human remains not cremated on the same day as they are received at the crematorium will be accommodated in secure and sanitary conditions within the building.
On completion, the whole of the cremated remains shall be collected in accordance with the application received.
D.
CORRECT IDENTITY No human remains shall be accepted at any crematorium unless they bear adequate particulars of the identity of the deceased person contained therein.
Every care must be taken to ensure correct identification throughout the whole proceedings from the moment the human remains are received until the final disposal of the cremated remains.
E.
SEPARATELY CREMATED Unless otherwise provided in accordance with the Cremation Act, each deceased person given to the care of the crematorium shall be cremated separately.
CREMATION F.
CREMATED REMAINS The utmost care shall be taken to ensure that the cremated remains, following their removal from the cremator, shall be kept separate and suitably identified.
The cremated remains shall be placed in a separate container awaiting final disposal. If they are to be retained by the crematorium, these shall be stored with reverence and respect.
G.
CREMATORS AND ANCILLARY EQUIPMENT Crem ators and all other ancillary equipment used in the crematorium shall be kept in good repair and maintained in accordance with manufacturers’ recommendations, and in accordance with any Act or Policy as may be promulgated from time to time.
H.
STATUTORY REGULATIONS All cremations shall be carried out in accordance with the provisions of the Cremation Act and the regulations made thereunder and any other subsequent legislation.