CREMATION ACT (preamble—cremationact)

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.

The short title of this Act is the Cremation Act.

(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

I am the tutor or legal guardian of the

PLEASE TICK

deceased person who was subject to tutorship

WHERE

or guardianship

APPROPRIATE

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

in

the

National Register to be cremated

The deceased declared his wish in the

National Register, to have his cremation

remains retained

The deceased declared his wish in the

PLEASE TICK

National Register to have his cremation

WHERE

remains scattered

APPROPRIATE

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

Identification

Name of deceased

human remains of

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

In this Act, unless the context otherwise requires

"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

(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.

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.

(1)

The authority responsible for any matter falling

under this Act shall be the Superintendent.

(2)

Without prejudice to any other functions given to the

Superintendent in accordance with any other law, the Superintendent

shall have the following functions

(a)

to establish standards to ensure the quality, safety,

and efficacy of crematoria;

(b)

to propose to the Minister any regulations in

respect of the operation of crematoria;

(c)

to issue, renew, amend, suspend, or revoke

licences for the operation of crematoria;

(d)

to carry out inspections in relation to the

operation and maintenance of crematoria, and to do all such

things as may be necessary for the purpose of ensuring

compliance with any provisions of this Act;

(e)

to advise the Minister on any matter connected

with its functions or any other provision of this Act; and

(f)

to carry out any activity as may be prescribed.

(3)

For the purposes of this Act, the Superintendent shall levy

such fees as the Minister may by notice in the Gazette prescribe.

(4)

For the proper exercise of his functions, the Superintendent

may establish advisory committees as he may deem necessary.

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.

The Superintendent may choose to delegate any of his

powers and functions to any person within his office

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

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.

(1)

An applicant shall apply to the Superintendent for a

licence to open or operate a crematorium in the area as specified by

himself in the prescribed form as per the guidelines issued in

accordance with article 4.

(2)

The issuing or renewal of a licence by the Superintendent

shall be without prejudice to the requirement of any other licence or

authorization required under any other law or by any other authority.

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;

(d)

a cremation chamber; and

(e)

space where cremated remains may be stored.

(1)

Once the Superintendent deems an application

satisfactory, he shall issue a Licence Certificate, together with any

necessary licence conditions, which shall be valid for five (5) years

from the date of issue.

(2)

The operator shall, at all times, display such Licence

Certificate, or a copy thereof, in a prominent place within the

crematorium.

(1)

An operator shall, at least three (3) months prior to

the expiry of his licence, apply to the Superintendent for such licence

to be renewed.

(2)

The Superintendent shall renew the licence if the

crematorium is operated in accordance with the provisions of this Act,

and following an assessment conducted by the Superintendent,

confirming adherence to the provisions of this Act.

(3)

The Superintendent may allow the transfer of a licence to

any other operator, if he is satisfied that all necessary requirements are

met

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.

(1)

The Superintendent may refuse an application if such

application is not in accordance with this Act or any other requirement

as the Minister may by regulation prescribe from time to time.

(2)

The refusal, together with reasons for such refusal, shall be

served in writing by registered mail to the applicant within one month

from the date when the application is submitted.

(1) The Superintendent shall have the right to revoke or

suspend a licence at any time, by order upon the operator, if such

operator

(a)

is in breach of any condition of the licence;

(b)

is in breach of any of the provisions of this Act, or

any other relevant Act or policy; or

(c)

obstructs, impedes or hinders any person carrying

out any duties or responsibilities thereunder.

(2)

The Superintendent shall revoke or suspend the licence after

drawing up a report containing the reasons why the licence should be

revoked or suspended

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.

(3)

The written revocation or suspension, together with the

reasons thereof, shall be served on the operator by means of a judicial

act

Provided that such revocation or suspension shall have

effect from date of service.

(4)

Without prejudice to sub-article (2), where the

Superintendent is satisfied that urgent reasons for such revocation or

suspension subsist, he may, by order served upon the operator, revoke

or suspend a licence without prior notice.

(5)

As soon as is practicable, after serving the order, the

Superintendent shall also affix a copy of the order in a conspicuous

place on the premises used as it may consider appropriate, and any

person who in anyway defaces, erases, obscures, damages or removes

the said copy of the order, shall be guilty of an offence against this

article.

(6)

An order shall cease to have effect upon the issue of a

certificate by the Superintendent to the effect that he is satisfied that

the necessary remedial measures have been taken by the operator.

(7)

Any operator who fails to comply with any order shall be

guilty of an offence against this article.

(8)

Any expenses reasonably incurred by the Superintendent to

carry out any order under this article shall be recoverable as a civil

debt from the operator to whom the order relates.

(9)

The Government, the Superintendent, and any public officer

acting on the instructions or authority of the Superintendent shall not

be or become liable for any acts done in good faith under this article.

(1)

The operator shall inform the Superintendent, in

writing, of his intention to close the crematorium at least six (6)

months prior to the final day of operation.

(2)

The Superintendent shall acknowledge such intention and

shall issue a notice in the Gazette, which shall include the final day of

operation of such crematorium.

(3)

Immediately upon closure, the operator shall hand over to

the Superintendent its register, together with any cremated remains

presently stored in the crematorium.

PART IV

THE NATIONAL CREMATION REGISTER

(1)

There shall be a National Cremation Register which

shall be maintained by the Superintendent, in physical or electronic

form, as may be determined by the Minister.

(2)

The National Register shall record information in

accordance with this article and other provisions of this Act and in

such manner as may be prescribed from time to time, as follows

(a)

details of persons residing in Malta who wish to

be cremated following their death;

(b)

the desires of such persons with regard to the

retention or disposal of their cremated remains; and

(c)

details of persons who expressly declare that they

do not wish to be cremated following their death.

(3)

The National Register shall be the only register having legal

validity for the purposes of cremation under this Act.

(4)

The National Register shall not be considered to be legally

binding upon the State or any of the following persons

(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.

(1)

The Superintendent shall only register a person in

accordance with this Section if the said person

(a)

has attained the age of sixteen (16) years;

(b)

is not legally incapacitated or interdicted;

(c)

has done so voluntarily, out of his own free will;

and

(d)

has had adequate information on the meaning and

consequences of registration under this Act.

(2)

The Superintendent shall amend the National Register

whenever it appears to him necessary or appropriate to do so for giving

better effect to the provisions of this Act, and in particular for ensuring

the accuracy of information contained in the National Register, or for

bringing up to date, or otherwise correcting any information entered

into it.

(3)

It shall be the duty of the Superintendent to ensure that the

processing of the information contained in the National Register is

carried out in compliance with the Data Protection Act

Provided that the information on a particular person shall,

for purposes of this Act, be accessed solely following his death, in

order to determine whether that person had registered any intention

with regard to cremation.

A person having registered his intention under this Act may

at any time choose to retract such intention, and apply for de-

registration 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

re-registering any intention in accordance with this Act once again.

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

Cremation may only take place in a crematorium with a

valid licence issued by the Superintendent in accordance with this Act.

(1)

The operator shall ensure that all human remains are

treated with dignity and respect at all times within the crematorium.

(2)

Nothing in this Act shall disrupt or deter any ceremony or

practice of any person’s belief, creed, or religion

Provided that such belief, creed, or religion shall include

reference to a lack thereof.

(3)

All crematoria shall abide by the Code of Cremation

Practice set out in Schedule II.

(1)

An application to cremate any human remains shall

be filed to any crematorium by means of the form set out in Schedule

I.

(2)

Such application may only be filed by

(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.

(3)

Such application shall not be accepted, and no cremation

shall take place, unless the application is accompanied by

(a)

a medical certificate giving the cause of death of

the deceased, issued by a medical doctor; or

(b)

in the case of a stillborn, a medical certificate

certifying that the child was stillborn, issued by a medical

doctor or registered midwife; and

(c)

in those cases where an inquest was carried out, a

decree is issued by the Magistrate, authorizing the release of the

body for cremation; and

(d)

the necessary permit in accordance with article 141

of the Code of Police Laws.

(1)

A stillborn child may be cremated in accordance with

this Act.

(2)

If the applicant so requests in the application for cremation,

stillborn siblings resulting from the same pregnancy may be cremated

together.

(3)

If the applicant so requests in the application for cremation,

and if the parent who died during the delivery of the stillborn child or

children did not expressly declare otherwise in the National Register,

the deceased parent and stillborn child or children may be cremated

together.

(1)

The applicant and any accompanying persons may

request some time with the human remains in the viewing room.

(2)

The operator shall then ensure that any foreign matter is

removed from the human remains prior to cremation.

(3)

The operator shall give any foreign matter removed to the

applicant.

(1)

Following the removal of any foreign matter, the

human remains shall be placed in a cremation container and the

cremation process shall be initiated.

(2)

Following the completion of the cremation process, the

cremated remains shall be placed in a temporary container or urn, as

the case may be, and given to the applicant, together with a Cremation

Certificate.

(1)

Every crematorium shall keep and maintain a register

which shall be known as the Register of Cremations.

(2)

The operator shall at all times be responsible for the

preservation of the register.

(3)

The operator shall ensure that the register is available for

inspection by any person so authorised by the Court by means of a

decree, or by the Superintendent, at any time

Provided that in the event that the crematorium ceases to

operate, the register shall be deposited with the Superintendent in

terms of article 13.

(4)

For the purposes of any court proceedings, an extract from

the register which is duly certified shall be sufficient evidence that the

cremation in question did take place.

(1)

The operator shall record all cremations carried out

by it in the register.

(2)

The operator shall record information in accordance with

this article and other provisions of this Act and in such manner as the

Minister by regulation may prescribe from time to time, as follows

(a)

the registration number assigned to the cremation

by the operator;

(b)

the name and identification number of the person

cremated, or in the case of a stillborn, the name;

(c)

the date on which the death or the stillbirth

occurred;

(d)

the name and identification number of the

applicant;

(e)

the application for cremation;

(f)

the date of the cremation; and

(g)

information relating to the retention or disposal

of the cremated remains.

PART VI

RETENTION OR DISPOSAL OF CREMATED REMAINS

Cremated remains may either be retained or disposed of in

accordance with this Act.

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.

(1)

Cremated remains may be retained in an urn.

(2)

Following cremation, the operator shall place the cremated

remains in the chosen urn, seal it, and give it to the applicant.

(3)

Urns may be

(a)

kept in any private residence;

(b)

displayed in any building, with the written

permission of the owner of such private residence;

(c)

buried in a grave, with the necessary permit in

accordance with article 141 of the Code of Police Laws;

(d)

buried at sea, except for recognised bathing areas

or harbours; or

(e)

placed in a columbarium.

(1)

Following cremation, the operator shall place the

cremated remains in a closed container and give it to the applicant.

(2)

Cremated remains may be scattered

(a)

at sea, except for recognized bathing areas or

harbours;

(b)

from any aircraft;

(c)

in any private residence, with the written

permission of the owner of such private residence;

(d)

in any open space specifically designated for the

scattering of cremated remains.

(3)

The scattering of cremated remains in public urban zones

shall not be permitted.

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

(1)

The Superintendent shall have the right to enter the

premises used as a crematorium in order to inspect the operations of

the crematorium

Provided that the Superintendent shall inspect any

crematorium regularly, and at least annually.

(2)

The Superintendent shall have the power to

(a)

at any reasonable time and without prior

announcement, enter and inspect the premises used as a

crematorium to assess whether the activity carried out is in

accordance with the conditions of the licence;

(b)

inspect any equipment, register and records kept

by the crematorium;

(c)

interview any person who may be in a position to

give information about the operations of the crematorium;

(d)

be provided with copies of any documents or

records of the crematorium; and

(e)

carry out any other activity which may be deemed

necessary under the provisions of this Act and any regulations

made thereunder.

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

(1)

Any person aggrieved by any decision made by the

Superintendent under this Act may file an appeal before the Tribunal.

(2)

Such appeal shall be made by application and shall be filed

with the registry of the Tribunal within twenty (20) days from the date

on which the decision has been served in writing on the party

appealing

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.

(3)

Any party to an appeal who feels aggrieved by a decision of

the Tribunal may appeal to the Court of Appeal in terms of the

Administrative Justice Act.

(4)

The appeal shall be made by means of an application filed in

the registry of that court within twenty (20) days from the date of the

decision of the Tribunal.

PART IX

MISCELLANEOUS

It shall be lawful to submit an application to a crematorium

requesting the cremation of human remains of deceased persons who

died outside Malta

Provided that the Superintendent may refuse the application

in the interest of public health.

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.

Articles 135, 136, 137, 138, 139, 140, 143 and 146 of the

Police Act shall apply mutatis mutandis to any crematorium.

(1)

Any person who acts in contravention of the

provisions of this Act or any regulations made thereunder shall be

guilty of an offence against this Act.

(2)

Whosoever opens or operates a crematorium without a valid

licence in accordance with this Act shall, on conviction, be liable to

imprisonment for a period of not less than two (2) years and not more

than five (5) years, and to a fine (multa) of not less than ten thousand

euro (€10, 000) and not more than thirty thousand euro (€30,000), or to

both such fine and imprisonment.

(3)

Any person who, in connection with any matter under this

Act, or under any regulations made by virtue of this Act

(a)

breaches any disposition of this Act; or

(b)

furnishes any information which that person

knows to be false in a material particular, or recklessly

furnishes any information which is false in a material

particular; or

(c)

with intent to deceive, produces, furnishes, sends

CREMATION

or otherwise makes use of any document which is false in a

material particular; or

(d)

knowingly or recklessly makes any incorrect

statement or entry in any record or return or on any document

kept or furnished under this Act or under any regulations made

thereunder; or

(e)

unlawfully refuses or fails to answer to the best of

the person’s knowledge any question made by the

Superintendent in the exercise of his functions or fails to co-

operate fully with the Superintendent; or

(f)

unlawfully refuses or fails to comply with any

requirement duly provided under this Act or any regulations

made by virtue of this Act; or

(g)

hinders the Superintendent in the performance of

this duty under this Act or under any regulations made by virtue

of this Act,

shall be guilty of an offence against this Act.

(4)

Without prejudice to sub-article (2), any person who

commits an offence against this Act or regulations made by virtue of

this Act, shall, on conviction, be liable to imprisonment for a period of

not more than six (6) months or to a fine (multa) of not less than five

thousand euro (€5,000) and not more than fifteen thousand euro

(€15,000), or to both such fine and imprisonment.

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