{"id":"wa-local:karratha-city-of-cemeteries-local-law-2017","name":"Cemeteries Local Law 2017","slug":"karratha-city-of-cemeteries-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441715,"registerId":"wa-local:karratha-city-of-cemeteries-local-law-2017-1775956951271","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Cemeteries Local Law 2017","content":"!2017179GG!\n4777\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, WEDNESDAY, 13 SEPTEMBER 2017 No. 179 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nCEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF KARRATHA\n———————————\nCEMETERIES LOCAL\nLAW 2017\n\n\n\n13 September 2017 GOVERNMENT GAZETTE, WA 4779\nCEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\nCITY OF KARRATHA\nCEMETERIES LOCAL LAW 2017\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Interpretation\n1.5 Repeal\nPART 2—ADMINISTRATION\n2.1 Powers and Functions of CEO\nPART 3—APPLICATION FOR FUNERALS\n3.1 Application for Burial\n3.2 Applications to be Accompanied by Certificates etc\n3.3 Certificate of Identification\n3.4 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\n5.1 Requirements for Funerals and Coffins\n5.2 Funeral Processions\n5.3 Vehicle Entry Restricted\n5.4 Vehicle Access\n5.5 Offenders may be Expelled\n5.6 Conduct of Funeral by City\n5.7 Management of Memorials During Reopenings\n5.8 Disposal of Ashes\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\n\n4780 GOVERNMENT GAZETTE, WA 13 September 2017\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 Vases\nDivision 2—Licensing of Monumental Masons\n7.13 Monumental Mason’s Licence\n7.14 Expiry Date, Non-Transferability\n7.15 Carrying out Monumental Work\n7.16 Responsibilities of a Monumental Mason\n7.17 Cancellation of a Monumental Mason’s Licence\n7.18 Minor Maintenance and Repair Work\nPART 8—GENERAL\n8.1 Animals\n8.2 Damaging and Removing of Objects\n8.3 Flowers\n8.4 Advertising\n8.5 Obeying Signs and Directions\n8.6 Removal from the Cemetery\nPART 9—OFFENCES AND MODIFIED PENALTY\n9.1 General\n9.2 Modified Penalties\nSCHEDULE 1—MODIFIED PENALTIES\nSCHEDULE 2—GAZETTED CEMETERIES\n\n13 September 2017 GOVERNMENT GAZETTE, WA 4781\nCEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\nCITY OF KARRATHA\nCEMETERIES LOCAL LAW 2017\nUnder the powers conferred by the Cemeteries Act 1986, the Local Government Act 1995 and under all\nother powers enabling it, the Council of the City of Karratha resolved on 21 August 2017 to make the\nfollowing local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis Local Law may be cited as the City of Karratha Cemeteries Local Law 2017.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government\nGazette.\n1.3 Application\nThis Local Law applies to all gazetted cemeteries within the boundary of the City of Karratha as\nlisted in Schedule 2.\n1.4 Interpretation\nIn this Local Law unless the context otherwise requires—\nAct means the Cemeteries Act 1986;\nashes means so much of the remains of a dead body, after the due processes of cremation in\naccordance with the Cremation Act 1929, as may be contained in a cremation urn;\nassistance animal has the same meaning as under the Disability Discrimination Act 1992\n(Cth);\nauthorised person means an employee of the City—\n(a) appointed by the City under section 9.10 of the Local Government Act 1995 for the\npurposes of performing any function or exercising any power conferred upon an\nauthorised person by this local law; and\n(b) appointed by the CEO of the City under section 64 of the Act to issue infringement\nnotices in accordance with section 63 of the Act;\nCity means the City of Karratha;\ncemetery means any of the cemeteries listed in Schedule 2;\nCEO means the chief executive officer for the time being, of the City;\nclosed cemetery means a cemetery that is no longer used for burials unless there is explicit\nMinisterial approval;\ncoffin means a coffin or other receptacle used for the transportation of a dead body to the grave\nsite;\ncremation urn means a container used for holding the remains of a dead body after the due\nprocess of cremation in accordance with the City Guidelines for Cemetery Niche Walls;\ncrypt means an underground room or vault used as a burial place;\ndisability has the same meaning as in the Disability Discrimination Act 1992 (Cth);\nFuneral Director means a person holding a current funeral director’s licence issued by the City\nin accordance with section 17 of the Act;\nheadstone means a memorial designed for placement at the head of a grave within a cemetery,\ncommemorating a grave or the placement of ashes;\nmausoleum means a burial chamber, building or construction wholly above or partially above\nand below ground level, so constructed as to allow the deposition of dead bodies into a\ncompartment in the wall or floor and being sealed from view;\n\n4782 GOVERNMENT GAZETTE, WA 13 September 2017\nmemorial has the meaning set out in the Act and includes a headstone, tombstone, memorial\nplaque, monument, inscription, kerbing, enclosure or any other fixture commemorating a\ngrave or the placement of ashes;\nmemorial plaque means a panel, plate or tablet designed or used for purposes of bearing\ncommemorative inscription;\nmonument means a tombstone, sculpture, statue or other form of memorial approved by the City\ncommemorating a grave or the placement of ashes, other than a headstone;\nmonumental mason means a person holding a current monumental mason’s licence issued\nunder clause 7.13;\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 City and published in the Government\nGazette, under section 53 of the Act;\nsingle funeral permit means a permit issued by the City 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;\nvault means a below ground lined grave with one or more sealed compartments constructed to\nspecifications approved from time to time by the City; and\nvehicle has the same meaning as described in the Road Traffic (Administration) Act 2008.\n1.5 Repeal\nThe Shire of Roebourne Cemeteries Local Law 2002 as published in the Government Gazette on\n16 June 2003 is repealed.\nPART 2—ADMINISTRATION\n2.1 Powers and Functions of CEO\nSubject to any directions given by the Council, the CEO shall exercise all the powers and functions of\nthe local government in respect of the cemetery.\nPART 3—APPLICATION FOR FUNERALS\n3.1 Application for Burial\n(1) A person shall apply for approval to bury a dead body in the cemetery in the form determined by\nthe City from time to time.\n(2) An application under subclause (1) is to be accompanied by the set fee.\n3.2 Applications to be Accompanied by Certificates etc\nAll applications referred to in clause 3.1 shall be accompanied by either a medical certificate of death,\ncertificate of cremation or a Coroner’s order of burial, and a certificate issued under clause 3.3, in\nrespect of the body.\n3.3 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, a\nperson who personally knew the deceased shall identify the dead body and shall complete a\nCertificate of Identification Form in the form determined by the City from time to time, unless—\n(a) in the opinion of the Funeral Director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the Funeral Director is unable to arrange for a person to identify the\ndead body.\n(2) Where—\n(a) in the opinion of the Funeral Director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the Funeral Director is unable to arrange for a person to identify the\ndead body,\nthen the Funeral Director shall complete a certificate in the form determined by the City from time to\ntime.\n3.4 Minimum Notice Required\nUnless the City determines a lesser time, all bookings to hold a funeral shall be made and paid for\nwith the City at least 72 hours prior to the time proposed for burial on the application, otherwise an\nextra charge may be applied.\nPART 4—FUNERAL DIRECTORS\n4.1 Funeral Director’s Licence Expiry\nAn approved funeral director’s licence shall expire on the 30th day of June in 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\ncoffin specifications and details of the vehicle transporting the dead body to the gravesite.\n\n13 September 2017 GOVERNMENT GAZETTE, WA 4783\n4.3 Application Refusal\nThe City may refuse an application for a single funeral permit if, in the opinion of the City, the coffin\nspecifications or the details of the vehicle transporting the dead body to the gravesite are not\nstructurally sound or are otherwise inadequate or inappropriate, or on any other grounds as\ndetermined by the City.\nPART 5—FUNERALS\n5.1 Requirements for Funerals and Coffins\nA person shall not bring a dead body into the cemetery unless—\n(a) the City has approved an application for the burial of that dead body in accordance with\nPart 3 of this Local Law;\n(b) it is enclosed in a coffin which in the opinion of the City is structurally sound and bears the\nname of the deceased person indelibly inscribed in legible characters on a plate on the coffin’s\nlid; and\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 ten millimetres (10mm) in height.\n5.2 Funeral Processions\nThe time fixed by the City for any burial shall be the time at which the funeral procession is to arrive\nat the cemetery gates.\n5.3 Vehicle Entry Restricted\n(1) Subject to clause 5.3(2), a funeral procession shall enter the cemetery by the principal entrance,\nand no vehicle shall enter the cemetery except—\n(a) the hearse;\n(b) official mourning coaches;\n(c) a vehicle carrying or transporting a person with a disability, including a wheelchair;\n(d) A device or equipment used to transport, carry or handle a coffin; and\n(e) a pram, baby carriage, stroller or similar device used to convey an infant.\n(2) This clause shall not apply to a vehicle approved by the City or an authorised person.\n5.4 Vehicle Access\nVehicles shall proceed within the cemetery by the constructed roadway or other areas designated for\nthe use of vehicles.\n5.5 Offenders may be Expelled\nA person committing an offence under Part 5 may be expelled from the cemetery by the CEO or an\nauthorised person.\n5.6 Conduct of Funeral by City\nWhen conducting a funeral under section 22 of the Act the City may—\n(a) require a written request to be lodged with the City for it to conduct a funeral;\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) specify an area in the cemetery where the dead body is to be buried or the ashes placed;\n(e) conduct the funeral notwithstanding the failure of a person to make any application or to\nobtain any consent required under this Local Law; and\n(f) do or require anything which it considers is necessary or convenient for the conduct of a\nfuneral by it.\n5.7 Management of Memorials During Reopenings\n(1) Any existing monument which in the view of the City would impact on a reopening of a grave\noccurring shall only be removed by a monumental mason, unless otherwise approved by the City, and\nstored off site.\n(2) City approval is required before the reconstruction of any removed monument can take place to\nensure compliance with the Act and this Local Law, any substantive changes to the original\nmonument may require an application under section 30 of the Act to be lodged with the appropriate\nfee, at the discretion of the City, as if it were a new memorial.\n5.8 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 City may grant permission for the ashes to be disposed of by one of\nthe following methods—\n(a) niche wall;\n(b) family grave;\n\n4784 GOVERNMENT GAZETTE, WA 13 September 2017\n(c) scattering to the winds; or\n(d) other memorials approved by the City.\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 person may place the ashes of a deceased person in a cemetery in accordance with\nthe City approval provided—\n(a) the person requesting the placement of the ashes has the permission of the City; and\n(b) the ashes are placed within an area set aside for that purpose by the City.\n(4) An authorised person may place the ashes of a deceased person within a grave in accordance with\nthe City approval, provided the person requesting the placement of the ashes has the written\npermission of the City and the approval of the grant holder of the right of burial of the grave.\nPART 6—BURIALS\n6.1 Depth of Graves\n(1) A person shall not bury a coffin within the cemetery so that the distance from the top of the coffin\nto the original surface of the ground is—\n(a) subject to paragraph (b), less than 750mm, unless that person has the permission of an\nauthorised person; or\n(b) in any circumstances less than 600mm.\n(2) The permission of the authorised person in subclause (1)(a) will only be granted where in the\nopinion of the authorised person exceptional circumstances require granting of that permission.\n6.2 Mausoleum, etc\n(1) A person other than the City shall not construct a brick grave, crypt, vault or mausoleum within\nthe cemetery.\n(2) A person may make an application to the City to have a brick grave, crypt, vault or mausoleum\nconstructed within the cemetery, which vault or mausoleum shall at all times remain the property of\nthe City.\n(3) A person making application under subclause (2) is required to cover the full construction cost of\nthe brick grave, crypt, vault or mausoleum.\n(4) An application under subclause (2) shall be in writing and shall be accompanied by payment of the\nset fee.\n(5) A person shall not place a dead body in a mausoleum except—\n(a) in a closed coffin;\n(b) in a soundly constructed chamber; and\n(c) in accordance with subclause (6).\n(6) 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\nThe City may require the written consent of the holder of the right of burial of the grave to\naccompany an application under section 30 of the Act.\n7.2 Placement of Monumental Work\nEvery memorial shall be placed on proper and substantial foundations as determined by the City.\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 City or an authorised person 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\nof any memorial or work except with the written approval of the City or an authorised person.\n7.6 Hours of Work\n(1) Persons shall not be permitted to carry out memorial or other work on graves within the cemetery\nother than during the hours of 8.00am to 6.00pm on weekdays, and 8.00am to noon on Saturdays,\nwithout the written permission of the City.\n(2) No work is to be conducted whilst a funeral is taking place or 30 minutes prior to, during, and\n30 minutes after a funeral procession.\n\n13 September 2017 GOVERNMENT GAZETTE, WA 4785\n7.7 Unfinished Work\nShould any work by masons or others be not completed before 6.00pm on weekdays and noon on\nSaturdays, or if clause 7.6(2) applies, they shall be required to leave the work site in a neat and safe\ncondition to the satisfaction of the City or an authorised person.\n7.8 Use of Wood\n(1) No wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave,\nother than as a temporary marker and with the prior approval of the City or an authorised person.\n(2) The City retains the right of removal at any time should the use of wood be approved whether\ntemporary or otherwise.\n7.9 Plants and Trees\n(1) No plants, trees or shrubs shall be planted on any grave or within the cemetery except such as\nshall be approved by the City or an authorised person.\n(2) The City retains right of removal at any time should the use of any plants, trees or shrubs be\napproved whether temporary or otherwise.\n7.10 Supervision\nAll workers, whether employed by the City or by any other person, shall at all times whilst within the\nboundaries of the cemetery be subject to the supervision of the City or an authorised person and shall\nobey such directions as the City or an authorised person may give.\n7.11 Australian War Graves\nNotwithstanding anything in this Local Law to the contrary, the Office of Australian War Graves—\n(a) may place a memorial on a military grave;\n(b) is not required to pay the set fee for any memorial that is placed upon a military grave; and\n(c) is still required to notify the City of intending Australian War Grave and may be required to\ncomplete application for monumental works.\n7.12 Placing of Glass Domes and Vases\n(1) A person shall not place glass domes, vases or other grave ornaments, outside the perimeter of a\ngrave in the cemetery as defined in the plans kept and maintained under section 40(2) of the Act.\n(2) The City is not responsible for the maintenance of any ornaments placed on graves and maintains\nthe right of removal of any object placed that, in the opinion of the City, has fallen into disrepair, or is\notherwise subject of complaints by other cemetery users.\nDivision 2—Licensing of Monumental Masons\n7.13 Monumental Mason’s Licence\n(1) The City may, upon receipt of an application in writing by any person and upon payment of the set\nfee, issue to the applicant an annual or single 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 City shall specify\nupon the issue of that licence.\n7.14 Expiry Date, Non-Transferability\nAn annual monumental mason’s licence—\n(a) shall, subject to clause 7.17, be valid from the date specified therein until the 30th day of\nJune next following; and\n(b) is not transferable.\n7.15 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 7.13 or does\nso as the employee of a person who holds such a licence;\n(b) is authorised by the City to do so; or\n(c) is undertaking minor works as described under clause 7.18.\n7.16 Responsibilities of a Monumental Mason\nA monumental mason who holds a 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 issued under clause 7.13 with all the requirements and conditions of the licence, this Local\nLaw, the Act and any other written law which may affect the carrying out of monumental works.\n7.17 Cancellation of a Monumental Mason’s Licence\n(1) The City may by notice in writing to the holder of a monumental mason’s licence terminate the\nlicence on any of the following grounds—\n(a) that the holder of the licence has committed a breach of the requirements and conditions of\nthe licence, this Local Law, the Act or any other written law which may affect the carrying\nout of monumental works;\n\n4786 GOVERNMENT GAZETTE, WA 13 September 2017\n(b) that, in the opinion of the City, the conduct of the holder of the licence or any person in the\nemploy of that holder in carrying out or attempting to carry out any works within the\ncemetery, is inappropriate or unbecoming; or\n(c) that the holder of the licence has purported to transfer the licence issued to that holder.\n(2) Upon the termination of a monumental mason’s licence under this clause no part of any fee paid\nfor the issue of that licence is refundable by the City.\n7.18 Minor Maintenance and Repair Work\nPersons shall be permitted to carry out minor maintenance and repair works, not of a structural\nnature, such as cleaning and touch up painting on graves, without seeking approval from the City.\nPART 8—GENERAL\n8.1 Animals\n(1) Subject to subclause (2), a person shall not bring an animal, or the carcass or remains of a\ndeceased animal, into a cemetery or permit an animal to enter or remain in a cemetery, other than\nwith the approval of the City or an authorised person.\n(2) Subclause (1) shall not apply to an assistance animal providing assistance to a person with a\ndisability or alleviating the effect of a disability.\n8.2 Damaging and Removing of Objects\nSubject to clause 8.3, 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 City\nwithout the permission of the City.\n8.3 Flowers\n(1) All flowers must be placed in vases or receptacles if provided at existing monuments.\n(2) A person may remove withered flowers from a grave or memorial and these are to be placed in a\nreceptacle provided by the City for that purpose.\n(3) The City has the right to remove flowers from new internments or existing monuments if not\nmaintained.\n8.4 Advertising\nA person shall not carry on or advertise any trade, business or profession within the cemetery without\nthe prior written approval of the City which consent may be granted subject to such conditions as the\nCity thinks fit.\n8.5 Obeying Signs and Directions\n(1) A person shall obey all signs displayed, marked, placed or erected by the City within the cemetery\nor by any other lawful direction by the City or an authorised person.\n(2) Vehicles must adhere to any speed signs that may be displayed, marked, placed or erected by the\nCity within the cemetery otherwise a speed limit of ten kilometres per hour (10km/h) applies.\n8.6 Removal from the Cemetery\nAny person failing to comply with any provisions of this Local Law or behaving in a manner that in\nthe opinion of the City, or an authorised person is inappropriate in the cemetery may in addition to\nany penalty provided by this Local Law be ordered to leave the cemetery by the City, or an authorised\nperson.\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\nfurther penalty not exceeding $20.00 for every day or part of a day during which the offence has\ncontinued.\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\nfourth column of Schedule 1.\n(3) The prescribed form of the infringement notice referred to in section 63(1) of the Act, is the form\nset out in Form 2 in Schedule 1 of the Local Government (Functions and General) Regulations 1996 as\nper Regulation 26.\n————\n\n13 September 2017 GOVERNMENT GAZETTE, WA 4787\nSchedule 1\nMODIFIED PENALTIES\n[Clause 9.2]\nItem\nNo Clause Nature of Offence Modified\nPenalty\n1 5.4 Unauthorised use—driving of vehicles $50.00\n2 7.3 Placing and removal of rubbish and surplus materials $50.00\n3 7.6 Conduct work outside permitted hours $50.00\n4 7.7 Leaving uncompleted works in an untidy or unsafe condition $50.00\n5 8.1 Animal within cemetery $50.00\n6 8.4 Unauthorised advertising, and/or trading $50.00\n7 8.5 Disobeying sign or lawful direction $50.00\n————\nSchedule 2\nGAZETTED CEMETERIES\n[Clause 1.3]\nName Location\n2 Mile Cemetery Lot 781, Deposited Plan 192020, Reserve 44427\nimmediately south of Roebourne townsite\nBalla Balla Cemetery Reserve 5698 in the Balla Balla area, north of Whim\nCreek\nCossack Cemetery Lot 422 on Deposited Plan 214695, reserve 36813 in\nCossack\nKarratha Cemetery Lot 929 on Deposited Plan 76543, Reserve 41146 in the\nsuburb of Baynton\nRoebourne Town Cemetery Lots 385 and 382 on Deposited Plans 254093 and\n104384, Reserve 2377 in Roebourne\nRoebourne / Wickham Cemetery Lot 183 on Deposited Plan 186207, Reserve 38759\nlocated on Point Samson—Roebourne Road north of\nRoebourne townsite\nWhim Creek Cemetery Lot 42 on Deposited Plan 188103, Reserve 40201 in\nWhim Creek\n————\nSigned by authorised representatives of Council.\nP. LONG, Mayor.\nC. ADAMS, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This local law expressly repeals the Shire of Roebourne Cemeteries Local Law 2002 (clause 1.5) and establishes the City of Karratha’s regulatory regime for the gazetted cemeteries listed in Schedule 2 (clause 1.3). It therefore replaces the previous local-law framework within the City’s boundaries and consolidates application, licensing, operational and enforcement rules under the City’s control."},"complexity_factors":["Multiple procedural requirements and forms for burial and identification (clauses 3.1–3.4).","Licensing regimes with annual expiry and cancellation powers for funeral directors and monumental masons (clauses 4.1, 7.13–7.17).","Broad discretionary powers for the City, CEO and authorised persons to approve, refuse, set conditions, charge fees and expel persons (clauses 2.1, 4.3, 5.6, 5.5, 8.6).","Operational and technical constraints on funerals, coffins, grave depth, mausoleums and memorial work that create compliance duties for private parties (clauses 5.1, 6.1–6.2, 7.1–7.12).","Time, place and conduct restrictions (vehicle access, hours for work, supervision) that affect everyday contractor and visitor behaviour (clauses 5.3–5.4, 7.6–7.7, 7.10, 8.5).","Enforcement via offences, daily continuing penalties and a modified infringement scheme with set penalties (Part 9; Schedule 1).","Cross-reference to higher legislation (Cemeteries Act 1986, Local Government Act 1995) creating layered legal obligations (cover sheet and clause 1.4 definitions).","Defined geographic scope limited to gazetted cemeteries listed in Schedule 2 (clause 1.3 and Schedule 2).","Fee dependency: multiple permissions and licences require payment of a ‘set fee’ (definition of set fee; clauses 3.1, 5.6, 6.2(4), 7.13)."],"plain_english_summary":"This local law sets rules for operating and using the City of Karratha’s gazetted cemeteries: how burials and disposal of ashes are applied for and approved, licences for funeral directors and monumental masons, controls on memorial work, vehicle and animal access, operating hours, and penalties. It affects funeral directors, monumental masons, grave right‑holders and visitors; applicants and licence‑holders pay set fees, while the City, the CEO and authorised persons make approvals, set conditions and enforce compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This local law appears to be a standard replacement of a previous local law (the Shire of Roebourne Cemeteries Local Law 2002). It maintains the typical scope of cemetery management legislation, covering burials, funerals, memorial works, and general cemetery conduct. There is no evidence of significant scope creep beyond the original purpose of regulating cemetery operations within the City of Karratha."},"complexity_factors":["18 defined terms in the interpretation section (clause 1.4), including specific technical terms like 'mausoleum', 'crypt', and 'vault'","Multiple cross-references to other Acts (Cemeteries Act 1986, Local Government Act 1995, Cremation Act 1929, Disability Discrimination Act 1992, Road Traffic (Administration) Act 2008)","Conditional exceptions throughout (e.g., clause 3.3 has nested exceptions for when a body cannot be identified; clause 5.3 has exceptions for vehicle entry; clause 8.1 exception for assistance animals)","Licensing regime with multiple conditions and grounds for cancellation (clauses 7.13–7.17)","Specific technical requirements with measurements (e.g., 750mm/600mm grave depths in clause 6.1; 10mm character height for lead strips in clause 5.1; 10km/h speed limit in clause 8.5)","Time-based restrictions (72 hours notice in clause 3.4; specific work hours in clause 7.6; 30-minute buffers around funerals)"],"plain_english_summary":"This City of Karratha local law governs cemetery management and use, covering burial and funeral procedures, handling of ashes, memorial installation, visitor conduct, and licensing of funeral directors and monumental masons.\n\nIt sets standards (coffin and grave requirements, licensed-mason-only monuments, permitted work hours), bans animals/unauthorised vehicles/advertising, and enables fines, licence refusal/cancellation and removal orders. It affects mourners, funeral professionals, stonemasons and the general public, replacing the former Shire of Roebourne 2002 law."}},"importantCases":[],"_links":{"self":"/api/acts/karratha-city-of-cemeteries-local-law-2017","history":"/api/acts/karratha-city-of-cemeteries-local-law-2017/history","analysis":"/api/acts/karratha-city-of-cemeteries-local-law-2017/analysis","conflicts":"/api/acts/karratha-city-of-cemeteries-local-law-2017/conflicts","importantCases":"/api/acts/karratha-city-of-cemeteries-local-law-2017/important-cases","documents":"/api/acts/karratha-city-of-cemeteries-local-law-2017/documents"}}