Cemeteries Regulations 2000

i Cemeteries Regulations 2000 S.R. No. 70/2000 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Revocations 2 4. Definitions 2 5. Corpse to be enclosed 2 6. Depth of burial 3 7. Rights of burial 3 8. Construction of mausoleums 4 9. Burial in mausoleums 5 10. Sealing of burial chamber in mausoleums 5 11. Commercial activities 5 12. Fee for an exhumation licence 5 __________________ SCHEDULE—Revoked Regulations 6 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2000 S.R. No. 70/2000 Cemeteries Act 1958 Cemeteries Regulations 2000 The Governor in Council makes the following Regulations: Dated: 11 July 2000 Responsible Minister: JOHN THWAITES Minister for Health HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to provide for the protection of the public health and the maintenance of public decency in a public cemetery; and (b) to make provision for the construction and use of mausoleums; and (c) to limit commercial activities within a public cemetery; and (d) to prescribe a fee for a licence to remove a body or the remains of a body interred in a cemetery, burial ground or place of burial. 2. Authorising provisions These Regulations are made under sections 49 and 92 of the Cemeteries Act 1958. -- 2 of 8 -- S.R. No. 70/2000 Cemeteries Regulations 2000 2 3. Revocations The Regulations listed in the Schedule are revoked1 . 4. Definitions In these Regulations— "corpse" does not include a body which has been cremated; "the Act" means the Cemeteries Act 1958; "trustees" means the trustees of a public cemetery. 5. Corpse to be enclosed A person must not bring a corpse into a public cemetery, or convey a corpse within a public cemetery unless the corpse is in— (a) a closed coffin which is— (i) soundly constructed; and (ii) made of wood or metal; and (iii) designed so that offensive liquids and noxious gases cannot escape; or (b) a closed receptacle or container which is— (i) substantial; and (ii) in a clean and hygienic state; and (iii) designed so that offensive liquids and noxious gases cannot escape. Penalty: 10 penalty units. r. 3 -- 3 of 8 -- S.R. No. 70/2000 Cemeteries Regulations 2000 3 6. Depth of burial (1) Subject to regulation 7, if a corpse is buried in a grave in a public cemetery, the trustees must ensure that— (a) in the case of the burial of a child, there is at least 900mm of compacted earth between— (i) the coffin and the normal level of the ground; or (ii) if a coffin is not used, the corpse and the normal level of the ground; and (b) in any other case, there is at least 1 metre of compacted earth between— (i) the coffin and the normal level of the ground; or (ii) if a coffin is not used, the corpse and the normal level of the ground. (2) In this regulation, "child" means a person under 12 years of age. 7. Rights of burial (1) If a corpse is buried in a public cemetery in accordance with an entitlement under the right of burial held in respect of the grave which does not permit compliance with regulation 6 the trustees must ensure that there is— (a) at least 760mm of compacted earth between— (i) the coffin and the normal level of the ground; or (ii) if a coffin is not used, the corpse and the normal level of the ground; or r. 6 -- 4 of 8 -- S.R. No. 70/2000 Cemeteries Regulations 2000 4 (b) a substantial slab of stone, concrete or similar material placed directly over— (i) the coffin; or (ii) if a coffin is not used, the corpse— with at least 510mm of compacted earth between the slab and the normal level of the ground. (2) If an exclusive right of burial or interment in relation to a grave has been exercised at least once before 28 July 1998 and, in the most recent exercise of that right, the grave has been sealed with a stone or concrete slab and the sides of the grave above the level of the stone or slab had been lined with brick, stone, concrete or a similar material, that right may be exercised to bury or inter another corpse in the grave without complying with regulation 6 if— (a) there is at least 300mm of compacted earth between— (i) the coffin and the normal level of the ground; or (ii) if a coffin is not used, the corpse and the normal level of the ground; and (b) the grave is sealed with a substantial slab of stone, concrete or similar material as soon as practicable after the burial or interment. 8. Construction of mausoleums A mausoleum must be— (a) constructed of brick, stone or similar durable material; and (b) adequately ventilated and drained; and (c) vermin proof; and r. 8 -- 5 of 8 -- S.R. No. 70/2000 Cemeteries Regulations 2000 5 (d) capable of being secured against entry by vandals or other unauthorised persons. 9. Burial in mausoleums A person who buries a corpse in a mausoleum must ensure that the corpse is buried— (a) in a closed coffin made of wood or metal; and (b) in a soundly constructed chamber; and (c) in a chamber in which the number of burials has not exceeded the number of burials for which the chamber was designed. Penalty: 10 penalty units. 10. Sealing of burial chamber in mausoleums (1) A person who buries a corpse in a mausoleum must ensure that as soon as possible after the burial the front of the chamber is sealed with a slab of impervious material and faced with a substantial slab of stone, slate or iron. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a mausoleum to which section 21(2) of the Act applies. 11. Commercial activities Except as authorised by or under the Act, a person must not, in a public cemetery, solicit, promote or conduct any business relating to the burial or cremation of the dead. Penalty: 10 penalty units. 12. Fee for an exhumation licence The fee for a licence under section 48 of the Act is $60. __________________ r. 9 -- 6 of 8 -- S.R. No. 70/2000 Cemeteries Regulations 2000 6 SCHEDULE REVOKED REGULATIONS S.R. No. Title 199/1993 Cemeteries (Exhumation Licence Fee) Regulations 1993 12/1994 Cemeteries (Mausoleums) Regulations 1994 162/1994 Cemeteries (Exhumation Licence Fee) Regulations 1994 48/1996 Cemeteries (Exhumation Licence Fee) Regulations 1996 98/1998 Cemeteries (Amendment) Regulations 1998 ═══════════════ Sch. -- 7 of 8 -- S.R. No. 70/2000 Cemeteries Regulations 2000 7 NOTES 1Reg 3: The Cemeteries Regulations 1988 [S.R. No. 265/1988] as extended by the Subordinate Legislation (Cemeteries Regulations 1988—Extension of Operation) Regulations 1999 [S.R. No. 36/1999] sunsetted on 30 June 2000 by virtue of the operation of section 5 of the Subordinate Legislation Act 1994. Notes -- 8 of 8 --