Version No. 001
Cemeteries Regulations 2000
S.R. No. 70/2000
Version as at 7 November 2000
TABLE OF PROVISIONS
Regulation
1.
Objectives
2.
Authorising provisions
3.
Revocations
4.
Definitions
5.
Corpse to be enclosed
6.
Depth of burial
7.
Rights of burial
8.
Construction of mausoleums
9.
Burial in mausoleums
10. Sealing of burial chamber in mausoleums
11. Commercial activities
12. Fee for an exhumation licence
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SCHEDULE—Revoked Regulations
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ENDNOTES
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1. General Information
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2. Table of Amendments
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3. Explanatory Details
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Version No. 001
Cemeteries Regulations 2000
S.R. No. 70/2000
Version as at 7 November 2000
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.
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.
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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.
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.
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(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
(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—
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(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
(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.
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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.
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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
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ENDNOTES
1. General Information
The Cemeteries Regulations 2000, S.R. No. 70/2000 were made on 11 July
2000 by the Governor in Council under sections 49 and 92 of the Cemeteries
Act 1958, No. 6217/1958 and came into operation on 11 July 2000.
The Cemeteries Regulations 2000 will sunset 10 years after the day of
making on 11 July 2010 (see section 5 of the Subordinate Legislation Act
1994).
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Cemeteries Regulations 2000
Endnotes
S.R. No. 70/2000
2. Table of Amendments
There are no amendments made to the Cemeteries Regulations 2000 by
statutory rules, subordinate instruments and Acts.
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S.R. No. 70/2000
3. Explanatory Details
1
Reg. 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.
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Endnotes