{"id":"wa-local:waroona-shire-of-drakesbrook-cemetery-local-law-2021","name":"Drakesbrook Cemetery Local Law 2021","slug":"drakesbrook-cemetery-local-law-2021","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439068,"registerId":"wa-local:waroona-shire-of-drakesbrook-cemetery-local-law-2021-pdf-1775955223707","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Drakesbrook Cemetery Local Law 2021","content":"2987\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, MONDAY, 5 JULY 2021 No. 119 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nCEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\n_________\nSHIRE OF WAROONA\n———————————\nDRAKESBROOK CEMETERY\nLOCAL LAW 2021\n\n\n\n5 July 2021 GOVERNMENT GAZETTE, WA 2989\nCEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF WAROONA\nDRAKESBROOK CEMETERY LOCAL LAW 2021\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Purpose and effect\n1.4 Interpretation\n1.5 Application\n1.6 Repeal\nPART 2—ADMINISTRATION\n2.1 Powers and functions of the CEO\n2.2 Appointment of employees\n2.3 Plans and registers\nPART 3—APPLICATION FOR FUNERALS\n3.1 Applications for burial\n3.2 Application for cremation\n3.3 Applications to be accompanied by certificates etc.\n3.4 Certificate of identification\n3.5 Minimum notice required\nPART 4—FUNERAL DIRECTORS\n4.1 Funeral director’s licence expiry\n4.2 Single funeral permits\n4.3 Application refusal\nPART 5—FUNERALS\nDivision 1—General\n5.1 Requirements for funerals and coffins\n5.2 Funeral processions\n5.3 Vehicle entry restricted\n5.4 Vehicle access and speed limitation\n5.5 Offenders may be ordered to leave\n5.6 Conduct of funeral by Board\nDivision 2—Cremations\n5.7 Metal coffins prohibited\n5.8 Polyvinyls, etc., prohibited\n5.9 Depositing the coffin\n5.10 Removal of the name plate and lead strip\n5.11 Removal of metal fittings\n5.12 Disposal of ashes\n5.13 Availability of ashes\n5.14 Ashes held by Board\n\n2990 GOVERNMENT GAZETTE, WA 5 July 2021\nPART 6—BURIALS\n6.1 Depth of graves\n6.2 Mausoleum, etc.\nPART 7—MEMORIALS AND OTHER WORK\nDivision 1—General\n7.1 Application for monumental work\n7.2 Placement of monumental work\n7.3 Removal of rubbish\n7.4 Operation of work\n7.5 Removal of sand, soil or loam\n7.6 Hours of work\n7.7 Unfinished work\n7.8 Use of wood\n7.9 Plants and trees\n7.10 Supervision\n7.11 Australian war graves\n7.12 Placing of glass domes and cases\nDivision 2—Lawn section\n7.13 Specification of monuments\n7.14 Headstones\nDivision 3—Memorial plaque section\n7.15 Requirements of a memorial plaque\nDivision 4—Licensing of monumental masons\n7.16 Monumental mason’s licence\n7.17 Expiry date, non-transferability\n7.18 Carrying out monumental work\n7.19 Responsibilities of the holder of the monumental mason’s licence\nPART 8—GENERAL\n8.1 Animals\n8.2 Damaging and removing objects\n8.3 Withered flowers\n8.4 Littering and vandalism\n8.5 Advertising\n8.6 Obeying signs and directions\n8.7 Removal from the cemetery\nPART 9—OFFENCES AND MODIFIED PENALTIES\n9.1 General\n9.2 Modified penalties\nSCHEDULE 1—MODIFIED PENALTIES\nSCHEDULE 2—INFRINGEMENT NOTICE\nSCHEDULE 3—INFRINGEMENT WITHDRAWAL NOTICE\n\n5 July 2021 GOVERNMENT GAZETTE, WA 2991\nCEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF WAROONA\nDRAKESBROOK CEMETERY LOCAL LAW 2021\nUnder the powers conferred on it by the Cemeteries Act 1986 and the Local Government Act 1995 and\nunder all other enabling powers, the council of the Shire of Waroona resolved on Tuesday, 22nd June\n2021 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Waroona Drakesbrook Cemetery Local Law 2021.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n1.3 Purpose and effect\n(1) The purpose of this local law is to provide the rules for the regulation and management of\nDrakesbrook Cemetery.\n(2) The effect of this local law is intended to result in—\n(a) supervision and regulation of Drakesbrook Cemetery;\n(b) prevention and mitigation of nuisances at Drakesbrook Cemetery; and\n(c) regulation of conduct at Drakesbrook Cemetery to enhance environmental conservation, public\nsafety, convenience and amenity.\n1.4 Interpretation\n(1) In this local law unless the contrary intention appears—\nAct means the Cemeteries Act 1986;\nashes means so much of the remains of a dead body after the due processes of cremation as may\nbe contained in a standard sized cremation urn;\nauthorised officer means an employee of the Board authorised by the Board for the purposes of\nperforming any function or exercising any power conferred upon an authorised officer by this\nlocal law;\nBoard means the Shire of Waroona;\nCEO means the chief executive officer, for the time being, of the Board;\ndistrict means the district of the local government;\nfuneral director means a person holding a current funeral director’s licence;\nlocal government means Shire of Waroona;\nmausoleum means a building or construction wholly above or partially above and below ground\nlevel, so constructed as to allow the deposition of dead bodies into a compartment in the wall\nor floor and being sealed from view;\nmonumental mason means a person holding a current monumental mason’s licence;\npersonal representative means the administrator or executor of an estate of a deceased person;\nset fee refers to fees and charges set by a resolution of the Board and published in the Government\nGazette, under section 53 of the Act;\nsingle funeral permit means a permit issued by the Board under section 20 or 21 of the Act which\nentitles the holder to conduct at the cemetery a funeral of a person named in the permit; and\nvault means a below ground lined grave with one or more sealed compartments constructed to\nspecifications approved from time to time by the Board.\n\n2992 GOVERNMENT GAZETTE, WA 5 July 2021\n1.5 Application\n(1) This local law applies to the Drakesbrook Cemetery located in the district.\n(2) This local law is subject to any written law and law of the Commonwealth about assistance animals\nas defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2).\n1.6 Repeal\n(1) The Shire of Waroona Cemeteries Local Law 2001 published in the Government Gazette on 27 August\n2001.\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement date.\n(3) The Council may resolve that notwithstanding subclause (2), specified policies continue, or are to be\ntaken to have continued, to have effect on and from the commencement date.\nPART 2—ADMINISTRATION\n2.1 Powers and functions of the CEO\nSubject to any directions given by the Board, the CEO shall exercise all the powers and functions of the\nBoard in respect of the cemetery.\n2.2 Appointment of employees\nThe Board may appoint support staff to administer and supervise work within the Cemetery and carry\nout such work as is required for the general care of the Cemetery.\n2.3 Plans and registers\n(1) The Board shall establish and maintain a—\n(a) plan of the Cemetery showing the location and identifying number of every burial place or grave\nand the distribution of the land, compartments and sections;\n(b) register containing the identification numbers of graves and the names and description of the\npersons buried;\n(c) register of grants made with respect to the Cemetery; and\n(d) register of persons cremated whose ashes have been buried or disposed of in the Cemetery.\n(2) The plans and registers referred to in subclause (1) will be open for public inspection at the Shire\noffices during normal business hours.\nPART 3—APPLICATION FOR FUNERALS\n3.1 Applications for burial\n(1) A person may apply for approval to bury a dead body in the cemetery in the form determined by the\nBoard from time to time.\n(2) An application under subclause (1) is to be accompanied by the set fee.\n3.2 Application for cremation\nA person who desires to hold a funeral within the cemetery shall, in the case of the cremation of a dead\nbody—\n(a) make an application to the Board in the form determined by the Board from time to time; and\n(b) lodge with the application referred to in paragraph (a), a permit to cremate issued in accordance\nwith the Cremation Act 1929.\n3.3 Applications to be accompanied by certificates etc\nAll applications referred to in clauses 3.1 and 3.2 shall be accompanied by either a medical certificate\nof death or a Coroner’s order of burial, and a certificate issued under clause 3.4, in respect of the body.\n3.4 Certificate of identification\n(1) After a dead body is placed in a coffin and prior to a dead body being removed to the cemetery or\ncrematorium within the cemetery, a person who personally knew the deceased shall identify the dead\nbody and shall complete a certificate of identification in the form determined by the Board from time to\ntime, unless—\n(a) in the opinion of a funeral director, the dead body is not in a fit state to be viewed;\nor\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead\nbody.\n(2) A funeral director shall complete a certificate in the form determined by the Board from time to\ntime, where—\n(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed;\nor\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead\nbody.\n\n5 July 2021 GOVERNMENT GAZETTE, WA 2993\n3.5 Minimum notice required\nAll bookings to hold a funeral shall be made with the Board at least 48 hours prior to the time proposed\nfor burial on the application, otherwise an extra charge may be made.\nPART 4—FUNERAL DIRECTORS\n4.1 Funeral director’s licence expiry\nA funeral director’s licence shall expire on 30 June of each year.\n4.2 Single funeral permits\nEvery application for a single funeral permit made under section 20 or 21 of the Act shall include coffin\nspecifications and details of the vehicle transporting the dead body to the gravesite, or crematorium.\n4.3 Application refusal\nThe Board may refuse an application for a single funeral permit if, in the opinion of the Board, either\nthe coffin specifications or the details of the vehicle transporting the dead body to the gravesite or\ncrematorium are not structurally sound or are otherwise inadequate or inappropriate, or on any other\ngrounds.\nPART 5—FUNERALS\nDivision 1—General\n5.1 Requirements for funerals and coffins\n(1) A person shall not bring a dead body into the cemetery unless—\n(a) the Board has approved an application for the burial or cremation of that dead body in\naccordance with Part 3 of this local law;\n(b) it is enclosed in a coffin which in the opinion of the Board is structurally sound and bears the\nname of the deceased person indelibly inscribed in legible characters on a plate on the coffin’s\nlid;\nand\n(c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the\nsurname of the deceased person stamped in legible characters, each character being not less\nthan 10 mm in height.\n5.2 Funeral processions\nThe time fixed by the Board for any burial or cremation shall be the time at which the funeral procession\nis to arrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to\nhold the funeral under clause 3.1 or clause 3.2 shall pay the set fee for being late.\n5.3 Vehicle entry restricted\n(1) Subject to clause 5.3(2), every funeral procession shall enter by the principal entrance, and no vehicle\nexcept the hearse, and official mourning coaches, shall be permitted to enter the cemetery.\n(2) This clause shall not apply to persons using wheelchairs or motorised wheelchairs.\n5.4 Vehicle access and speed limitation\n(1) A person shall drive a vehicle on a vehicular access way or the constructed roadway or other areas\ndesignated for the use of vehicles within the cemetery, unless otherwise authorised by the CEO.\n(2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 25 km per hour,\nand shall comply with the signs and directions in the cemetery.\n5.5 Offenders may be ordered to leave\n(1) A person committing an offence under clause 5.4 may be ordered to leave the cemetery by the CEO\nor an authorised officer.\n(2) A person who has been ordered to leave the cemetery by the CEO or an authorised officer is to leave\nimmediately in a peaceful manner and not cause a disruption or be a nuisance to the funeral\ncongregation or ceremony or procession.\n5.6 Conduct of funeral by Board\nWhen conducting a funeral under section 22 of the Act the Board may—\n(a) require a written request for it to conduct a funeral to be lodged with it;\n(b) in its absolute discretion, charge any person requesting it to conduct a funeral the set fee for\nthe conduct of that funeral by it;\n(c) where no fee or a reduced fee has been charged by it for the conduct of the funeral, determine\nthe manner in which the funeral shall be conducted;\n(d) bury or cremate that dead body but may cremate the dead body only when a permit to cremate\nhas been obtained for that body under the Cremation Act 1929;\n(e) specify an area in the cemetery where the dead body is to be buried or the ashes placed;\n\n2994 GOVERNMENT GAZETTE, WA 5 July 2021\n(f) conduct the funeral notwithstanding the failure of a person to make any application or to obtain\nany consent required under this local law;\n(g) do or require anything which it considers is necessary or convenient for the conduct of a funeral\nby it.\nDivision 2—Cremation\n5.7 Metal coffins prohibited\nMetal or metal-lined coffins shall not be accepted by the Board for cremation at the cemetery.\n5.8 Polyvinyls, etc, prohibited\nThe use of polyvinyl or its derivative, polyurethane, aerosol cans, other sealed containers, glass and/or\nother materials determined from time to time to be not appropriate to the cremation process by the\nBoard, in or upon coffins presented for cremation at the cemetery is prohibited.\n5.9 Depositing the coffin\n(1) The funeral director shall deposit the coffin for cremation upon the catafalque in the crematorium\nchapel or at such other position within the cemetery as may be determined from time to time by the\nBoard.\n(2) Once the coffin has been deposited for cremation in accordance with subclause (1), all further\nservices will be rendered by and be under the sole control of the Board.\n5.10 Removal of the name plate and lead strip\nThe Board shall remove the name plate and lead strip from the coffin prior to cremation at a cemetery\nand the lead strip shall be placed in the container with the ashes.\n5.11 Removal of metal fittings\nThe Board may remove any metal or other fittings on coffins presented for cremation at the cemetery\nwhich in the opinion of the Board could impede the cremation or cause damage to the cremation\nequipment.\nDivision 3—Placement of ashes\n5.12 Disposal of ashes\n(1) The personal representative of a deceased person whose body has been cremated may apply, in an\napplication under clause 3.1 or otherwise, for permission to dispose of the ashes in the cemetery and\nupon payment of the set fee, the Board may grant permission for the ashes to be disposed of by one of\nthe following methods—\nNiche wall\nMemorial wall\nGarden of remembrance\nGround niche\nMemorial rose, tree or shrub\nFamily shrub\nMemorial desk\nGranite seat\nFamily grave\nBook of remembrance\nScattering to the winds\nMemorial gardens\nOther memorials approved by the Board\n(2) Subject to subclauses (3) and (4), a person shall not place the ashes of a deceased person in the\ncemetery.\n(3) An authorised officer may place the ashes of a deceased person in a cemetery in accordance with the\nBoard approval provided—\n(a) the person requesting the placement of the ashes has the permission of the Board; and\n(b) the ashes are placed within an area set aside for that purpose by the Board.\n(4) An authorised officer may place the ashes of a deceased person within a grave in accordance with\nthe Board approval, provided the person requesting the placement of the ashes has the written\npermission of the Board and the approval of the holder of the right of burial of the grave.\n5.13 Availability of ashes\nSubject to compliance with clause 5.12 and upon the payment of the set fee, the ashes of a deceased\nperson that have not been placed within the cemetery will be made available to the personal\nrepresentative of the deceased person during the normal office hours of the Board after the expiration\nof 24 hours after the completion of the cremation at the cemetery.\n\n5 July 2021 GOVERNMENT GAZETTE, WA 2995\n5.14 Ashes held by the Board\n(1) If at the expiration of 6 months from the date of cremation at a cemetery—\n(a) the ashes of the deceased person have not been claimed; or\n(b) no arrangements have been made for the placement of the ashes of a deceased person by the\npersonal representative, then the Board may dispose of the ashes in the cemetery by any of the\nmethods listed in clause 5.12.\n(2) If prior to the expiration of 6 months from the date of cremation the personal representative of the\ndeceased person requests the Board to store the ashes of the deceased person, and pays to the Board\nthe set fee monthly in advance for such storage, the Board shall store the ashes in safe custody.\n(3) Notwithstanding subclause (2), should the personal representative default in the payment of the fee\nreferred to in subclause (2), the Board may dispose of the ashes in the cemetery by any of the methods\nlisted in clause 5.12.\nPART 6—BURIALS\n6.1 Depth of graves\n(1) A person shall bury a coffin within the cemetery so that the distance between the top of the coffin\nand the original surface of the ground is—\n(a) not less than 750 mm, or\n(b) not less than 600 mm,\nunless permission to vary the distance or depth of grave is granted by an authorised officer.\n(2) The permission of the authorised officer will only be granted where, in the opinion of the authorised\nofficer, exceptional circumstances require granting of that permission.\n6.2 Mausoleum, etc\n(1) A person other than the Board shall not construct a brick grave, crypt, vault or mausoleum within\nthe cemetery.\n(2) A person may request the Board to construct a vault or mausoleum within the cemetery which vault\nor mausoleum shall at all times remain the property of the Board.\n(3) An application under subclause (2) shall be in writing and shall be accompanied by payment of the\nset fee.\n(4) A person shall not place a dead body in a mausoleum except—\n(a) in a closed coffin; and\n(b) in a soundly constructed chamber; and\n(c) in accordance with subclause (5).\n(5) The number of burials in a chamber must not exceed the number for which the chamber was\ndesigned.\nPART 7—MEMORIALS AND OTHER WORK\nDivision 1—General\n7.1 Application for monumental work\nA Board may require the written consent of the holder of the right of burial of the grave to accompany\nan application under section 30 of the Act.\n7.2 Placement of monumental work\nEvery memorial shall be placed on proper and substantial foundations.\n7.3 Removal of rubbish\nAll refuse, rubbish or surplus material remaining after memorial works are completed under a permit\nissued under section 30 of the Act shall be immediately removed from the cemetery by the person\ncarrying out the same.\n7.4 Operation of work\nAll material required in the erection and completion of any work shall, as far as possible, be prepared\nbefore being taken to the cemetery, and all materials required by tradesmen shall be admitted at such\nentrance as the CEO or an authorised officer shall direct.\n7.5 Removal of sand, soil or loam\nNo sand, earth or other material shall be taken from any part of the cemetery for use in the erection of\nany memorial or work except with the written approval of the Board.\n7.6 Hours of work\nPersons shall not be permitted to carry out memorial or other work on graves within the cemetery other\nthan during the hours of 8.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays, without\nthe written permission of the Board.\n\n2996 GOVERNMENT GAZETTE, WA 5 July 2021\n7.7 Unfinished work\nShould any work by masons or others be not completed before 6 p.m. on weekdays and noon on\nSaturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of\nthe CEO or an authorised officer.\n7.8 Use of wood\nNo wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave, other\nthan as a temporary marker and with the prior approval of the Board.\n7.9 Plants and trees\nNo trees or shrubs shall be planted on any grave or within the cemetery except such as shall be approved\nby the CEO.\n7.10 Supervision\nShould any work by masons or others be not completed before 6 p.m. on weekdays and noon on\nSaturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of\nthe CEO or an authorised officer.\n7.11 Australian war graves\nNo wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave, other\nthan as a temporary marker and with the prior approval of the Board.\n7.12 Placing of glass domes and vases\nA person shall not place glass domes, vases or other grave ornaments—\n(a) outside the perimeter of a grave in the cemetery as defined in the plans kept and maintained\nunder section 40(2) of the Act; or\n(b) on the lawn in an area set aside by the Board as a lawn or a memorial plaque section.\nDivision 2—Lawn section\n7.13 Specification of monuments\n(1) All monuments in the lawn section of a cemetery shall—\n(a) be made of natural stone; and\n(b) be placed upon a base of natural stone; and\n(c) comply with the following specifications—\n(i) the overall height of the monument above the original surface of the grave shall not\nexceed 1.05 m;\n(ii) the height of the base of the monument above the original surface of the grave shall not\nbe less than 150 mm nor more than 450 mm;\n(iii) the width of the base of the monument shall not exceed 1.20 m;\n(iv) the depth of the base of the monument shall not exceed 300 mm; and\n(d) have foundations extending to the bottom of the grave unless concrete beam foundations are\nprovided by the Board.\n(2) An admiralty bronze memorial plaque may be attached to a monument erected or being erected in\nthe lawn section of the cemetery.\n(3) A person shall not display any trade names or marks upon any monument erected within the lawn\nsection of the cemetery.\n7.14 Headstones\nIn the lawn section of the cemetery, that part of a headstone above its base shall not extend horizontally\nbeyond that base.\nDivision 3—Memorial plaque section\n7.15 Requirements of a memorial plaque\n(1) All memorial plaques placed in a memorial plaque section of the cemetery shall—\n(a) be made of admiralty bronze or any other material approved by the Board; and\n(b) not be less than the dimensions 380 mm x 280 mm, nor more than 560 mm x 305 mm.\n(2) All memorial plaques made of admiralty bronze shall—\n(a) not exceed 20 mm in thickness; and\n(b) be placed upon a base mounting approved by the Board.\n(3) All memorial plaques made of stone shall—\n(a) not exceed 50 mm in thickness placed upon a base mounting approved by the Board; or\n(b) not be less than 100 mm in thickness if it is not to be placed upon a base mounting.\n\n5 July 2021 GOVERNMENT GAZETTE, WA 2997\nDivision 4—Licensing of monumental masons\n7.16 Monumental mason’s licence\n(1) The Board may upon receipt of an application in writing by any person and upon payment of the set\nfee issue to the applicant a monumental mason’s licence.\n(2) A licence issued under subclause (1) authorises the holder to carry out monumental works within\nthe cemetery subject to the provisions of this local law and such conditions as the Board shall specify\nupon the issue of that licence.\n7.17 Expiry date, non-transferability\nA monumental mason’s licence—\n(a) shall be valid from the date specified therein until 30 June next following; and\n(b) is not transferable.\n7.18 Carrying out monumental work\nA person shall not carry out monumental work within the cemetery unless that person—\n(a) is the holder of a current monumental mason’s licence issued pursuant to clause 7.16; or\n(b) is an employee of a person who holds such a licence; or\n(c) is authorised by the Board to do so.\n7.19 Responsibilities of the holder of a monumental mason’s licence\nThe holder of a monumental mason’s licence shall be responsible for the compliance by every person\npurporting to be authorised to carry out monumental works within the cemetery pursuant to that\nlicence with all the requirements and conditions of the licence, this local law, the Act and any other\nwritten law which may affect the carrying out of monumental works.\nPART 8—GENERAL\n8.1 Animals\nA person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other\nthan an ‘assistance animal’ as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth) or\nwith the approval of the CEO or an authorised officer.\n8.2 Damaging and removing of objects\nSubject to clause 8.4, a person shall not damage, remove or pick any tree, plant, shrub or flower in the\ncemetery or any other object or thing on any grave or memorial or which is the property of the Board\nwithout the permission of the Board.\n8.3 Withered flowers\nA person may remove withered flowers from a grave or memorial and these are to be placed in a\nreceptacle provided by the Board for that purpose.\n8.4 Littering and vandalism\nA person shall not—\n(a) break or cause to be broken any glass, ceramic or other material in or upon the cemetery;\n(b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon\nthe cemetery other than in a receptacle provided for that purpose.\n8.5 Advertising\n(1) A person shall not advertise or carry on any trade, business or profession within the cemetery\nwithout the prior written approval of the Board.\n(2) The Board may consider and grant approval subject to such conditions as the Board thinks fit.\n8.6 Obeying signs and directions\nA person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery\nand any other lawful direction by the CEO or an authorised officer.\n8.7 Removal from the cemetery\nAny person failing to comply with any provisions of this local law or behaving in a manner that in the\nopinion of the Board, the CEO or an authorised officer is inappropriate in the cemetery may in addition\nto any penalty provided by this local law be ordered to leave the cemetery by the Board, the CEO or an\nauthorised officer.\nPART 9—OFFENCES AND MODIFIED PENALTIES\n9.1 General\nA person who commits a breach of any provisions of this local law commits an offence and shall on\nconviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a further\npenalty not exceeding $20.00 for every day or part of a day during which the offence has continued.\n\n2998 GOVERNMENT GAZETTE, WA 5 July 2021\n9.2 Modified penalties\n(1) The offences specified in Schedule 1 are offences which may be dealt with under Section 63 of the\nAct.\n(2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the fourth\ncolumn of Schedule 1.\n(3) The prescribed form of the infringement notice referred to in Section 63(1) of the Act is set out in\nthe Schedule 2.\n(4) The prescribed form of the notice withdrawing an infringement notice referred to in Section 63(3) of\nthe Act is set out in Schedule 3.\n————\nSchedule 1\nMODIFIED PENALTIES\nItem\nNo. Clause No. Description Modified\nPenalty\n1 5.4(1) Not driving vehicle on vehicular access way or\nconstructed roadways or within designated areas $200\n2 5.4(2) Exceeding speed limit $200\n3 7.3 Not removing rubbish and surplus materials $100\n4 7.5 Unauthorised use of sand, earth or other material taken\nfrom another part of the cemetery $100\n5 7.7 Leaving uncompleted works in an untidy or unsafe\ncondition $100\n6 8.1 Unauthorised bringing in of animal into cemetery or\npermitting animal to remain in cemetery $100\n7 8.3 Damaging and removing of objects $200\n8 8.5 Littering and vandalism $100\n9 8.6 Unauthorised advertising and/or trading $100\n10 8.7 Disobeying sign or lawful direction $200\n————\nSchedule 2\nINFRINGEMENT NOTICE\n[cl. 9.2(3)]\nInfringement Notice\nTo: .................................................................................................................................................................\n(Name)\n.......................................................................................................................................................................\n(Address)\n.......................................................................................................................................................................\nIt is alleged that at ........ : ........ hours on ................. day of ......................................................20...............\nat ...................................................................................................................................................................\nyou committed the offence indicated below by an (x) in breach of clause ......................... of the Shire of\nWaroona Drakesbrook Cemetery Local Law 2020.\n..................................................................\n(Authorised Person)\nOffence—\n Not driving vehicle on vehicular access way or designated areas\n Exceeding speed limit\n Not removing rubbish and surplus materials\n Unauthorised use of materials taken from another part of the cemetery\n Leaving uncompleted works in an untidy or unsafe condition\n Unauthorised animal in cemetery\n Damaging and removing of objects\n Littering and vandalism\n Unauthorised advertising and/or trading\n Disobeying sign or lawful direction\n Other Offence: ......................................................................................................... $ ........................\n\n5 July 2021 GOVERNMENT GAZETTE, WA 2999\nYou may dispose of this matter by payment of the penalty as shown within 21 days of the date of this\nnotice (or the date of the giving of this notice if that is a different date) to the Chief Executive Officer\nof the Shire of Waroona at 52 Hesse Street, Waroona between the hours of 9 a.m. to 4 p.m., Monday to\nFriday.\nPlease make cheques payable to Shire of Waroona. Payments by mail should be addressed to—\nThe Chief Executive Officer\nShire of Waroona\nPO Box 20\nWAROONA WA 6215\nIf the penalty is not paid within the time specified, then a complaint of the alleged offence may be made\nand heard and determined by a court.\n————\nSchedule 3\nINFRINGEMENT WITHDRAWAL NOTICE\n[cl. 9.2(4)]\nWithdrawal of Infringement Notice\nNo.............................. Date ........ / ........ / ........\nTo: [1] ...............................................................................................................................................................\nInfringement Notice No .......................................... dated ........ / ........ / ........ for the alleged offence of [2]\n........................................................................................................................................................................\nPenalty [3] $.................... is withdrawn.\n(Delete whichever does not apply)\n* No further action will be taken.\n* It is proposed to institute court proceedings for the alleged offence.\n..................................................................\n(Authorised Person)\n[1] Insert name and address of alleged offender.\n[2] Insert short particulars of offence alleged.\n[3] Insert amount of penalty prescribed.\n————\nDated the 22nd of June 2021.\nThe Common Seal of the Shire of Waroona was affixed by the authority of a resolution of council in the\npresence of—\nCr. JOHN MICHAEL SCOTT WALMSLEY, Shire President.\nDEAN LEONARD UNSWORTH, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The local law expressly repeals the Shire of Waroona Cemeteries Local Law 2001 (cl.1.6) and restates the Board’s regulatory remit. Its stated purpose is cemetery regulation, nuisance prevention and conduct control (cl.1.3). It retains the core scope—licences, applications, records, fees and offences—while updating operational detail and procedures; it does not purport to extend the statutory subject-matter beyond cemetery management."},"complexity_factors":["Multiple regulated activities (funerals, cremations, burials, memorial works) requiring distinct procedures (Parts 3–7).","Operational technical specifications (monument dimensions, grave depths, urn sizes) adding compliance detail (cl.6.1; cl.7.13–7.15).","Discretion concentrated in the Board/CEO/authorised officers for approvals, variations and enforcement (cl.2.1; cl.5.6; cl.8.6).","Licensing regimes with annual expiry and non-transferability for funeral directors and monumental masons (cl.4.1; cl.7.16–7.18).","Procedural prerequisites and evidence requirements (death certificates, identification, cremation permits) creating documentary burdens (cl.3.2–3.4).","Cremation constraints and handling rules (prohibited materials, removal of fittings, ashes storage/disposal) with operational implications (cl.5.7–5.14).","Registers, plans and public inspection obligations for cemetery records (cl.2.3).","Enforcement architecture using court penalties and modified penalties/infringement notices with prescribed amounts and forms (cl.9.1–9.2; Schedule 1–3)."],"plain_english_summary":"This local law sets the practical rules for managing Drakesbrook Cemetery: how funerals, burials, cremations, memorials and cemetery works are applied for and conducted, plus licences for funeral directors and monumental masons, record-keeping, fees and penalties. The Board (through the CEO and authorised officers) decides approvals, enforces standards and charges set fees; applicants and licence-holders pay fees, must supply certificates and comply with specifications and time limits (see cl.2.1; 3.1–3.5; 5.12; 7.16; 9.1)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This local law appears to be a straightforward replacement of the previous Shire of Waroona Cemeteries Local Law 2001. It maintains the traditional scope of cemetery management local laws, covering administration, funerals, burials, cremations, memorials, and general conduct. There is no evidence of significant scope creep beyond the original purpose of regulating cemetery operations."},"complexity_factors":["Length: Moderate at approximately 8 pages of substantive provisions across 9 Parts","Defined terms: 11 defined terms in clause 1.4, including specific technical terms like 'catafalque', 'mausoleum', and 'vault'","Cross-references: References to external legislation including the Cemeteries Act 1986, Local Government Act 1995, Cremation Act 1929, and Disability Discrimination Act 1992 (Cth)","Conditional logic: Several nested exceptions (e.g., clause 3.4 identification requirements with two exception conditions; clause 5.12 ashes placement with multiple sub-conditions)","Specific measurements: Numerous precise technical specifications (e.g., grave depths in millimetres, monument height limits of 1.05m, character heights of 10mm on lead strips, speed limits of 25km/h)","Licensing schemes: Two separate licensing regimes (funeral directors and monumental masons) with different expiry and transfer rules","Schedules: Three schedules setting out modified penalties and prescribed forms for infringement notices"],"plain_english_summary":"This local law governs use and management of Drakesbrook Cemetery, setting rules for funerals, burials, cremations, memorials, site conduct, licensing of funeral directors and monumental masons, and enforcement powers. \n\nIt affects mourners, funeral service providers, masons and Shire staff — ensuring burials and memorials are safe, respectful and consistent, protecting the grounds and giving the Shire authority to manage breaches and maintenance."}},"importantCases":[],"_links":{"self":"/api/acts/drakesbrook-cemetery-local-law-2021","history":"/api/acts/drakesbrook-cemetery-local-law-2021/history","analysis":"/api/acts/drakesbrook-cemetery-local-law-2021/analysis","conflicts":"/api/acts/drakesbrook-cemetery-local-law-2021/conflicts","importantCases":"/api/acts/drakesbrook-cemetery-local-law-2021/important-cases","documents":"/api/acts/drakesbrook-cemetery-local-law-2021/documents"}}