{"id":"wa-local:kulin-shire-of-cemeteries-local-law-2020","name":"Cemeteries Local Law 2020","slug":"kulin-shire-of-cemeteries-local-law-2020","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441717,"registerId":"wa-local:kulin-shire-of-cemeteries-local-law-2020-1775956953059","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Cemeteries Local Law 2020","content":"CEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF KULIN\nCEMETERIES LOCAL LAW 2020\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Definitions\nPART 2—ADMINISTRATION\nDivision 1—General\n2.1 Powers and functions of CEO\n2.2 Plans\nDivision 2—Right of burial\n2.3 Issuing of grants\n2.4 Right of holder\n2.5 Renewal of grant\n2.6 Replacement of grant\n2.7 Transfer of grant\n2.8 Exercising the rights of holder\n2.9 Board may enter into an agreement for maintenance\nPART 3—APPLICATION FOR INTERMENT\n3.1 Application for interment permit\n3.2 Applications to be accompanied by certificates etc.\n3.3 Certificate of identification\n3.4 Minimum notice required\n3.5 Refusal of application\nPART 4—FUNERALS AND MEMORIAL SERVICES\n4.1 Fixing times for interments\n4.2 Memorial services or processions\n4.3 Conduct of interments by the Board\nPART 5—INTERMENTS\n5.1 Requirements for burials\n5.2 Requirements for preparation of graves\n5.3 Requirements for dimensions of graves\n5.4 Requirements for disposal of ashes\n5.5 Requirements for re-opening a grave\n5.6 Requirements for exhumation\n5.7 Requirements for opening of coffin or removal of shroud\n5.8 Ashes not to be held by the Board\nPART 6—APPLICATIONS FOR MEMORIALS\n6.1 Application to place memorial\n6.2 Australian War Graves\nPART 7—MEMORIALS PERMITTED\n7.1 Limitation on dimensions of memorials\n7.2 Specification for monument\n\n7.3 Specification for headstone\n7.4 Specification for memorial plaque base\n7.5 Specification for memorial plaque\n7.6 Specification for gravesite fencing\n7.7 Display of trade names on memorials not allowed\n7.8 Use of wood\nPART 8—MEMORIALS AND OTHER WORK\n8.1 Carrying out memorial work\n8.2 Removal of sand, soil or loam\n8.3 Removal of rubbish\n8.4 Plants and trees\n8.6 Placing of grave ornaments\n8.7 Hours of work\n8.8 Unfinished work\nPART 9—GENERAL\n9.1 Vehicle access and speed limitation\n9.2 Animals\n9.3 Utility services\n9.4 Damaging and removing of objects\n9.5 Withered flowers\n9.6 Littering and vandalism\n9.7 Advertising\n9.8 Signs and directions of the Board\n9.9 Removal from a cemetery\n9.10 Board may close cemetery\n9.11 Offensive matters\n9.12 Liability for damage or works required to comply\n9.13 Offence to fail to comply with notice\n9.14 Board may undertake requirements of notice\nPART 10—OFFENCES AND MODIFIED PENALTIES\n10.1 General penalties\n10.2 Modified penalties\nPART 11—OBJECTIONS AND APPEALS\n11.1 Objections and appeals\nSCHEDULE 1—MODIFIED PENALTIES\nSCHEDULE 2—INFRINGEMENT NOTICE\nSCHEDULE 3—WITHDRAWAL OF INFRINGEMENT NOTICE\n\nCEMETERIES ACT 1986\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF KULIN\nCEMETERIES LOCAL LAW 2020\nUnder the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and\nunder all other powers enabling it, the Council of the Shire of Kulin resolved on 21 October 2020 to\nmake the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Kulin Cemeteries Local Law 2020.\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 the Kulin Public Cemetery (Reserve 192552), Dudinin Public Cemetery\n(Reserve 14995) and the Pingaring Public Cemetery (Lot 3142) located in the district.\n1.4 Repeal\nThis local law repeals the Shire of Kulin, Kulin and Dudinin Cemeteries (Reserves 19252 and 14995)\nBy-Laws as published in the Government Gazette on 8 November 1967 and as amended in the\nGovernment Gazette on 21 December 1973 and 15 July 1977.\n1.5 Definitions\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 as may\nbe contained in a standard sized cremation urn;\nauthorised person means a person—\n(a) appointed by the Board for the purposes of performing any function or exercising any\npower, other than the giving of infringement notices, conferred upon an authorised\nperson by this local law; or\n(b) authorised under section 64 of the Act to give infringement notices;\nboard means the local government;\nBurial means placement of a coffin containing a dead body into a grave, and includes a natural\nburial;\nbusiness day means any week day other than a public holiday in Western Australia;\ncemetery means a cemetery under the care and control of the Board;\nCEO means the chief executive officer, for the time being, of the Board;\ncoffin means a coffin or other receptacle used for the transportation of a dead body to the grave\nsite, or the receptacle used for the burial of a dead body in a grave;\nCommissioner of Police means the Commissioner of Police for the time being appointed under\nthe Police Act 1892 and includes any person for the time being acting in that capacity;\ndistrict means the district of the local government;\nfuneral has the meaning given to it in the Act;\nfuneral director means a person holding a current funeral director’s licence;\ngrant means a grant issued by the Board for an exclusive right of burial in a specified area of the\ncemetery, and for the purposes of this local law, includes placement of ashes in a grave, niche\nwall, memorial garden or under a memorial plaque, or scattering of ashes within a cemetery;\n\nheadstone means a memorial designed for placement at the head of a grave, commemorating a\ngrave or the placement of ashes;\nholder in relation to a grant includes—\n(a) a person issued with a grant by the Board, or\n(b) a person for the time being appearing to the Board to be the holder of a grant;\ninterment includes, as the case may be—\n(a) burial of a dead body;\n(b) placement of ashes in a grave, niche wall, memorial garden or under a commemorative\nplaque; or\n(c) scattering of ashes;\ninterment permit means a single funeral permit issued by the Board under section 20 or 21 of\nthe Act which entitles the holder to conduct the interment of a person named in the permit,\nand includes placement or scattering of ashes in a cemetery;\nlocal government means the Shire of Kulin;\nmemorial has the meaning set out in the Act;\nmemorial plaque means a panel, plate or tablet designed or used for purposes of bearing a\ncommemorative inscription;\nmemorial work means to install, repair, renovate or remove a memorial;\nmonument means a sculpture, statue, cover of a grave or other form of memorial approved by the\nBoard commemorating a grave or the placement of ashes, other than a headstone or memorial\nplaque;\nnatural burial means burial in the ground—\n(a) without preparation of the dead body using chemical preservatives; and\n(b) by containment of the dead body only in a shroud or biodegradable coffin;\nniche wall means a structure for the placement of a container of ashes in a compartment\nsecured with a covering memorial plaque;\npersonal representative means—\n(a) the administrator or executor of an estate of a deceased person;\n(b) the person who, by law of practice, has the right to apply for administration of the estate\nof the deceased person; or\n(c) a person having the lawful custody of a dead body;\nSchedule means a Schedule to this local law;\nset fee refers to fees and charges set by a resolution of the Board and published in the\nGovernment Gazette, under section 53 of the Act;\nshroud means, as the context requires—\n(a) a cloth or cloths used to securely wrap a dead body for burial; or\n(b) a dead body contained within a cloth or cloths;\nstandard grave means a grave which does not exceed any of the following dimensions:\n2000 millimetres long, 1200 millimetres wide and 2100 millimetres deep;\nutility services means municipal or public services and includes the supply of water, electrical\npower, and, gas and also includes refuse, building waste and sewerage disposal services;\nvault means a below ground lined grave with one or more sealed compartments constructed to\nspecifications approved from time to time by the Board; and\nvehicle includes every conveyance and every object capable of being propelled or drawn on\nwheels, tracks or otherwise, other than a wheelchair or baby stroller, and includes a bicycle\nand a skateboard.\nPART 2—ADMINISTRATION\nDivision 1—General\n2.1 Powers and functions of CEO\nSubject to the direction of the Board, the CEO shall exercise all the powers and functions of the Board\nin respect of a cemetery in the district.\n2.2 Plans\n(1) The Board shall establish and maintain a plan of each cemetery showing—\n(a) the location of areas set aside for burials, niche walls, memorial gardens, and placement of\nashes in a garden;\n(b) the location of an area to be used only for burials of persons of a particular religious\ndenomination;\n(c) the location of different areas of the cemetery to which different requirements for memorials\napply;\n(d) the location of areas set aside for the works and other uses as specified in sections 24(2)(a)\nand (b) of the Act; and\n(e) any restricted areas.\n\n(2) The plans referred to in subclause (1) shall be open for inspection by members of the public during\nnormal office hours of the Board.\nDivision 2—Right of Burial\n2.3 Issuing of grants\nThe Board may from time to time issue to a person a grant for the term specified in the Act, upon—\n(a) written application by that person; and\n(b) payment of the set fee.\n2.4 Right of holder\n(1) Subject to this local law, to the prior approval of the Board and to the terms and conditions (if any)\nimposed by the Board, a grant confers on the holder, during the term of the grant, an exclusive\nright—\n(a) to be buried in a grave specified in the grant; and\n(b) to carry out monumental works on the gravesite specified in the grant.\n(2) The Board, in its absolute discretion, may determine from time to time the number of dead bodies\nor ashes which may be placed in the grave.\n(3) The Board or an authorised officer may request the holder to produce the grant before the exercise\nof any of the rights referred to in subclause (1) and the holder shall forthwith comply with that\nrequest.\n(4) If the location stipulated in the grant of right of burial is significantly and adversely affected prior\nto or at the time of burial by unforeseen conditions such as flooding, a high water table, rock, large\ntree roots or any other significant matter the Board may allocate any other gravesite of the grantee’s\nchoosing that is not already subject to a grant.\n2.5 Renewal of grant\n(1) Where, at any time during the term of a grant, a holder—\n(a) makes written application; and\n(b) pays a set fee, the Board must renew the grant for a further term of twenty five (25) years\ncommencing on the expiry date of the grant.\n(2) The set fee for the issue of a new grant pursuant to this clause shall be determined by the Board\nfrom time to time.\n(3) The Board may request the holder to deliver an existing grant to it prior to issuing a new grant.\n(4) The holder shall forthwith upon receiving a request by the Board in accordance with subclause (3)\ndeliver the existing grant to the Board.\n2.6 Replacement of grant\n(1) The Board may—\n(a) upon the written application of a holder; and\n(b) upon the production of evidence to the satisfaction of the Board, issue a new grant to replace\na grant which is lost or destroyed.\n(2) Notwithstanding subclause (1), the Board may prior to issuing a replacement grant, require the\nholder to make a statutory declaration in a form determined by the Board.\n(3) The replacement grant issued by the Board shall be deemed to be the original grant.\n2.7 Transfer of grant\nA holder who desires to transfer a grant to another person shall make an application to the Board in a\nform determined by the board and upon receipt of the application the Board may grant permission in\naccordance with section 26 of the Act.\n2.8 Exercising the rights of holder\nIf evidence is produced in writing to the satisfaction of the Board that a holder is unavailable or not\nimmediately ascertainable, or has died and has not specifically bequeathed a grant, then the rights\nconferred upon that holder may be exercised by a holder’s personal representative or a person acting\nexpressly on behalf of a personal representative. If those persons are unavailable or not immediately\nascertainable, the Board may approve any other person.\n2.9 Board may enter into an agreement for maintenance\nThe Board may enter into an agreement with the holder of a grant of right of burial under clause 2.3\nor holder of a pre-need certificate under clause 2.4 for the maintenance of an area of a cemetery at the\nexpense of the holder.\nPART 3—APPLICATION FOR INTERMENT\n3.1 Application for interment permit\n(1) A funeral director may apply for approval for an interment of a dead body in a cemetery.\n(2) A funeral director, the personal representative of a deceased person whose body has been\ncremated, or other person approved by an authorised person may apply for approval for interment of\nashes in a cemetery.\n\n(3) An application for an interment permit under subclause (1) or (2) of—\n(a) a dead body shall include details of—\n(i) proposed burial method for the dead body in accordance with clause 5.1; and\n(ii) the vehicle transporting the dead body to the gravesite; or\n(b) ashes shall include details of the proposed interment arrangements for the ashes in\naccordance with clause 5.4(2).\n(4) An application under subclauses (1) or (2) shall be accompanied by the set fee.\n3.2 Applications to be accompanied by certificates etc.\nAn application under clause 3.1(1) shall be accompanied by—\n(a) a certificate issued under clause 3.3; and\n(b) either a medical certificate of death or a Coroner’s order of burial.\n3.3 Certificate of identification\n(1) Prior to the dead body being removed to a cemetery, a person who personally knew the deceased\nshall identify the dead body and shall provide a certificate of identification, 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) A funeral director shall provide a certificate, 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.\n3.4 Minimum notice required\nAn application for interment shall be made to the Board at least four business days prior to the day\nproposed for interment, otherwise an extra fee may be charged.\n3.5 Refusal of application\n(1) The Board may refuse an application for the interment permit under clause 3.1(1).\n(2) If the Board refuses to approve an application under subclause (1), written notice of the refusal is\nto be given to the applicant.\nPART 4—FUNERALS AND MEMORIAL SERVICES\n4.1 Fixing times for interments\n(1) On receipt of a completed application form and the satisfaction of all other requirements of the Act\nand this local law, the Board may—\n(a) approve a time for the interment; and\n(b) dig or re-open any grave that is required.\n(2) The time approved for an interment is at the discretion of the Board but will be as near as possible\nto the time requested by the applicant.\n(3) Except with the permission of the Board and subject to such conditions as may be applied, a\nperson shall not carry out a burial—\n(a) on a Saturday, a Sunday or a public holiday;\n(b) commencing at any time other than between the hours 9:00 am to 3:00 pm; or\n(c) to conclude later than 4:00 pm.\n4.2 Memorial services or processions\nA person shall not conduct a memorial service or procession within a cemetery unless that person has\nthe permission of the Board.\n4.3 Conduct of interments by the Board\nWhen conducting an interment, or for the purposes of deciding whether to conduct an interment,\nunder section 22 of the Act the Board may—\n(a) require a written request to be made for the Board to conduct an interment;\n(b) in its absolute discretion, charge any person requesting it to conduct an interment the set fee\nfor the conduct of that funeral;\n(c) where no fee is applicable or a reduced fee has been charged by it for the conduct of the\ninterment, determine the manner in which the interment shall be conducted;\n(d) specify an area in a cemetery for the interment;\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 is considered necessary or convenient for the conduct of the\nfuneral by the Board.\n\nPART 5—INTERMENTS\n5.1 Requirements for burials\nA person shall not bring a dead body into a cemetery unless—\n(a) the Board has approved an application for the burial of that dead body made under\nclause 3.1(1);\n(b) it is enclosed in a coffin or shroud which bears the name of the deceased person indelibly\ninscribed in legible characters on a plate attached in a clearly visible position; 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 10 millimetres in height.\n5.2 Requirements for preparation of graves\n(1) A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of\nthe Board.\n(2) Regardless of prior grant of right of burial under clause 2.3 or gravesite approved upon application\nmade under clause 3.1, the Board may direct the digging or preparation of a grave in an alternate\nposition, where—\n(a) evidence of a prior interment is found, or known to have occurred;\n(b) access to the position is constrained;\n(c) the digging or preparation of the grave is unreasonably difficult; or\n(d) utility services may be interfered with.\n(3) Where an alternative position for the grave is directed under subclause (2), the Board is to advise\nthe funeral director immediately.\n5.3 Requirements for dimensions of graves\n(1) A person shall not bury a dead body in a cemetery other than in a standard grave, unless that\nperson has the permission of the Board.\n(2) Every grave prepared by the Board shall be dug at least 1800 millimetres deep and shall not\nexceed 2300 millimetres in depth, unless otherwise determined by the Board.\n(3) Unless otherwise permitted by the Board, a person shall not bury a dead body within a cemetery\nso that the distance from the top of the coffin or shroud to the original surface of the ground is—\n(a) subject to paragraph (b), less than 1600 millimetres, unless that person has the permission of\nan authorised person; or\n(b) in any circumstances less than 750 millimetres.\n(4) The permission of the Board in subclause (3) shall not be granted unless in the opinion of the\nauthorised person exceptional circumstances require granting of that permission.\n5.4 Requirements for disposal of ashes\n(1) Except in accordance with an approved application under clause 3.1(2), a person shall not bring or\ndispose of the ashes of a deceased person into a cemetery.\n(2) The person approved under subclause (1) may dispose of the ashes of that deceased person in a\ncemetery by one of the following methods, if that method is available—\n(a) placed within the perimeter of an authorised gravesite at a depth of at least 600 millimetres;\n(b) placed in a niche wall; or\n(c) scattered in an area approved by the Board.\n(3) The Board may require a person making an application under clause 3.1(2) to provide additional\ninformation reasonably related to the application before determining the application.\n(4) The Board may—\n(a) approve an application under clause 3.1(2) unconditionally or subject to any conditions; or\n(b) refuse to approve an application under clause 3.1(2).\n(5) Where an application under clause 3.1(2) has been approved subject to conditions, the applicant\nmust comply with each of those conditions, as amended.\n(6) If the Board refuses to approve an application under clause 3.1(2), written notice of the refusal is\nto be given to the applicant.\n5.5 Requirements for re-opening a grave\n(1) A person shall not reopen a grave without the approval of the Board.\n(2) If for the purpose of re-opening a grave in a cemetery, the Board finds it necessary to remove\nplants, grass, shrubs or other like matter from the grave, then the person ordering the re-opening of\nthat grave shall bear the cost of the removal and any necessary reinstatement.\n5.6 Requirements for exhumation\n(1) Subject to subclause (2), a person shall not exhume a dead body in a cemetery for the purposes of\nreburial within 12 months after the date of its interment.\n(2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act.\n\n(3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant of right of\nburial must have applied in writing to the Board requesting the exhumation and an authorised\nperson has authorised the exhumation.\n5.7 Requirements for opening of coffin or removal of shroud\nA person shall not open a coffin or remove a shroud in a cemetery unless—\n(a) the coffin is opened or shroud removed for the purposes of the exhumation of a dead body; or\n(b) that person has produced to the Board an order signed or authorised pursuant to the Act and\nan authorised person has approved the opening of that coffin or removal of the shroud.\n5.8 Ashes not to be held by the Board\nThe Board shall not accept custody of ashes of a deceased person.\nPART 6—APPLICATIONS FOR MEMORIALS\n6.1 Application to place memorial\n(1) Upon payment of the set fee, the Board may approve an application to place a memorial with or\nwithout conditions, including restricting use of materials such as wood, dimensions of a memorial etc,\nso as not to detract from the amenity of a cemetery.\n(2) The Board may require the written consent of the holder of the grant of right of burial of the grave,\nthe personal representative of a deceased person, or other person to the satisfaction of an authorised\nperson to accompany an application for a memorial made under section 30 of the Act.\n(3) Where written consent is not able to be produced, the Board may approve with or without\nconditions or decline an application in its absolute discretion.\n(4) If the Board refuses to approve an application under subclause (2), written notice of that refusal is\nto be provided to the applicant.\n6.2 Australian War Graves\nNotwithstanding anything in this local law to the contrary, the Office of Australian War Graves—\n(a) may place a complying memorial on a military grave; and\n(b) is not required to pay the set fee for any memorial that is placed upon a military grave.\nPART 7—MEMORIALS PERMITTED\n7.1 Limitation on dimensions of memorials\n(1) No part of a memorial, including any grave cover, kerbing, boundary marker or enclosure is to\nextend beyond the dimensions of a standard grave.\n(2) No part of a monument above its base shall extend horizontally beyond its base.\n(3) Notwithstanding subclause (1), on request of the personal representative, the Board may approve\na memorial over adjoining multiple gravesites—\n(a) where the persons interred are of the same family; or\n(b) for another acceptable reason.\n7.2 Specification for monument\nA monument is to be constructed in a manner approved by the Board.\n7.3 Specification for headstone\nA headstone is to be constructed in a manner approved by the Board.\n7.4 Specification for memorial plaque base\nA memorial plaque base is to be constructed in a manner approved by the Board.\n7.5 Specification for memorial plaque\nA memorial plaque is to be made in a manner approved by the Board.\n7.6 Specification for gravesite fencing\nGravesite fencing is to be constructed in a manner approved by the Board.\n7.7 Display of trade names on memorials not allowed\nA person shall not display any trade names or marks on a memorial.\n7.8 Use of wood\nNo wooden fence, railing or construction other than a cross, shall be allowed on or around a grave,\nother than as a temporary marker or with the permission of the Board.\nPART 8—MEMORIALS AND OTHER WORK\n8.1 Carrying out memorial work\n(1) A person shall not carry out memorial work within a cemetery unless that person is authorised by\nthe Board to do so under clause 6.1.\n\n(2) All material required in the erection and completion of any memorial work shall, be prepared\nbefore being taken to a cemetery.\n(3) The Board may place restrictions on the hours of work, access to a cemetery or other matters\nconsidered appropriate.\n(4) Memorial works shall be suspended during the conduct of any funeral within a cemetery.\n(5) Work is not permitted to be left unattended in an untidy or unsafe state.\n8.2 Removal of sand, soil or loam\nNo sand, earth or other material shall be taken from any part of a cemetery for use in the\nconstruction of any memorial or other work, or cause any material to be removed from a cemetery\nexcept with the written approval of the Board.\n8.3 Removal of rubbish\nAll refuse, rubbish or surplus material remaining after approved memorial works are completed shall\nbe immediately removed from a cemetery by the person carrying out the same.\n8.4 Plants and trees\nNo trees or shrubs shall be planted on any grave or within a cemetery except such as shall be\napproved by the Board.\n8.5 Supervision\nAll workers, whether employed by the Board or by any other person, shall at all times while within\nthe boundaries of a cemetery be subject to the supervision of the Board and shall obey any directions\nof the Board.\n8.6 Placing of grave ornaments\nA person shall not place vases or other grave ornaments—\n(a) outside the perimeter of a grave in a cemetery as defined in the plans kept and maintained\nunder section 40(2) of the Act; or\n(b) outside of an area set aside by the Board as a memorial plaque section.\n8.7 Hours of work\nExcept in accordance with the permission of an authorised person, a person shall not carry out\nmemorial or other work within a cemetery—\n(a) during a funeral; or\n(b) other than between the hours of 8:00 am and 5:00 pm on a business day.\n8.8 Unfinished work\nA person who does not complete any work before 5:00 pm on a business day shall leave the work in a\nneat and safe condition to the satisfaction of the Board.\nPART 9—GENERAL\n9.1 Vehicle access and speed limitation\n(1) A person must only drive a vehicle on a vehicular access way or the constructed roadway or other\nareas designated for the use of vehicles within a cemetery, unless otherwise authorised by the Board.\n(2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 20 kilometres per\nhour, and shall comply with the signs and directions in the cemetery.\n9.2 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)\nor with the approval of the CEO or an authorised officer.\n9.3 Utility services\n(1) Other than with the approval of the Board, a person shall not—\n(a) connect any device or equipment to any utility services supplied on or at a cemetery;\n(b) alter or interfere with utility services infrastructure located in a cemetery.\n(2) The Board may recover from a person the reasonable costs incurred by the Board for the supply to\nand use of any utility services by that person at a cemetery.\n9.4 Damaging and removing of objects\nSubject to clause 9.5, a person shall not damage, remove or pick any tree, plant, shrub or flower in a\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.\n9.5 Withered flowers\nA person may remove withered flowers from a grave or memorial and these are to be disposed of in an\nappropriate manner.\n\n9.6 Littering and vandalism\nA person shall not—\n(a) damage, deface or interfere with any monument or gravesite in any manner whatsoever;\n(b) break or cause to be broken any glass, ceramic or other material in or upon a cemetery; or\n(c) discard, deposit, leave or cause to be discarded, deposited or leave any refuse or litter in a\ncemetery other than in a receptacle provided for that purpose.\n9.7 Advertising\n(1) A person shall not advertise or carry on any trade, business or profession in a cemetery without\nthe approval of the Board.\n(2) Upon payment of the set fee, the Board may consider and give approval subject to such conditions\nas the Board thinks fit.\n9.8 Signs and directions of the Board\n(1) The Board may display, mark, place or erect a sign within a cemetery specifying conditions\nrelating to the use of that cemetery.\n(2) A person shall obey all signs displayed, marked, placed or erected by the Board within a cemetery\nand any other lawful direction by the Board.\n9.9 Removal from a cemetery\n(1) Any person failing to comply with any provisions of this local law or behaving in a manner that in\nthe opinion of the Board is inappropriate in a cemetery may in addition to any penalty provided by\nthis local law be ordered to leave the cemetery.\n(2) A person to whom an order under subclause (1) is given must comply with that order.\n9.10 Board may close cemetery\nThe Board may—\n(a) temporarily close a cemetery or any part of it;\n(b) exclude from a cemetery the public and all persons or so many of the public or so many\npersons as the Board consider to be necessary;\n(c) regulate, prohibit or restrict access to a cemetery or any part of it; or\n(d) direct persons to leave a cemetery or any part of it, for purposes of—\n(i) a funeral or public convenience;\n(ii) maintenance, redevelopment or extension of a cemetery;\n(iii) public safety; or\n(iv) other operational reasons.\n9.11 Offensive matters\n(1) A person shall not allow or cause to be displayed offensive materials, wording, symbols or images\nof any kind, whether as a sign, on a memorial or otherwise visible.\n(2) Where, in the opinion of the Board, a person does not comply with subclause (1), the Board may\nissue a notice under clause 9.13(1).\n9.12 Liability for damage or works required to comply\n(1) Where a person—\n(a) causes damage to any grave, memorial, structure, building, furniture, plant or any other item\nor thing in a cemetery;\n(b) does a thing not authorised by this local law; or\n(c) does not do a thing required by this local law;\nthe Board may by notice in writing to that person require that person within the time required in the\nnotice to, at the option of the Board—\n(d) pay the costs of reinstating the property to the state it was in prior to the occurrence of the\ndamage;\n(e) pay the costs of replacing that property;\n(f) pay the costs of works required to comply with this local law; or\n(g) carry out works required to comply with this local law.\n(2) On a failure to comply with a notice issued under subclause (1), the Board may recover the costs\nreferred to in the notice as a debt due to it.\n9.13 Offence to fail to comply with notice\nWhenever the Board gives a notice under this local law requiring a person to do anything, if a person\nfails to comply with the notice, that person commits an offence.\n9.14 Board may undertake requirements of notice\nWhere a person fails to comply with a notice referred to in clause 9.14, the Board may do the thing\nspecified in the notice and recover from the person to whom the notice was given, as a debt, the costs\nincurred in so doing.\n\nPART 10—OFFENCES AND MODIFIED PENALTIES\n10.1 General penalties\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, and if the offence is a continuing one to a further\npenalty not exceeding $20 for every day or part of a day during which the offence has continued.\n10.2 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 infringement notice referred to in Section 63(1) of the Act shall be in the form set out in the\nSchedule 2.\n(4) The notice withdrawing an infringement notice referred to in Section 63(3) of the Act shall be in\nthe form set out in Schedule 3.\nPART 11—OBJECTIONS AND APPEALS\n11.1 Objections and appeals\nThe provisions of Division I of Part 9 of the Local Government Act 1995 and regulation 33 of the Local\nGovernment (Functions und General Regulations) 1996 shall apply to a decision made by the local\ngovernment under this local law as to whether it will—\n(a) grant a person a permit or authorisation;\n(b) vary or cancel a permit or authorisation; or\n(c) give a person a notice.\n————\nSCHEDULE 1—MODIFIED PENALTIES\n[cl. 10.2(1)]\nItem Clause Nature of offence Modified\nPenalty $\n1 4.2 Conducting a memorial service or procession without permission 50\n2 5.1 Failure to obtain approval to bring a dead body into a cemetery 50\n3 5.2(1) Unauthorised digging, preparation or filling of grave 50\n4 5.3(1) Unauthorised burial of dead body 50\n5 5.4(1) Unauthorised disposal of ashes 50\n6 5.5(1) Unauthorised construction of vault or mausoleum 50\n7 5.6(1) Unauthorised reopening of a grave 50\n8 5.7(1) Unauthorised exhumation of a coffin or shroud 50\n9 5.8 Unauthorised opening of a coffin or shroud 50\n10 7.7 Use of trade name or mark on a memorial 50\n11 7.8 Unauthorised use of wood on a gravesite 50\n12 8.1 Unauthorised construction of a memorial 50\n13 8.2 Unauthorised use of materials taken from within a cemetery 50\n14 8.3 Failure to remove rubbish and surplus materials 50\n15 8.4 Unauthorised planting of tree or shrub 50\n16 8.5 Failure to comply with direction of authorised person 50\n17 8.6 Unauthorised placing of grave ornaments 50\n18 8.7 Works carried out during unauthorised times 50\n19 8.8 Failure to leave uncompleted works in a tidy and safe condition 50\n20 9.1(1) Driving vehicle other than on vehicular access way or constructed\nroadways or within designated areas\n50\n21 9.1(2) Exceeding speed limit 50\n22 9.3 Interference with utility services 50\n23 9.4 Damaging or removing object 50\n24 9.5 Failure to dispose of withered flowers appropriately 50\n25 9.6 Littering or vandalism within a cemetery 50\n26 9.7 Unauthorised advertising and/or trading 50\n27 9.8(2) Failure to obey sign or lawful direction within cemetery 50\n28 9.9(2) Failure to comply with order to leave cemetery 50\n29 9.11(1) Display of offensive materials, wording, symbols or images 50\n30 9.13 Failure to comply with notice within specified period 50\n\nSCHEDULE 2—INFRINGEMENT NOTICE\n[cl. 10.2(3)]\nInfringement Notice\nINFRINGEMENT NUMBER—\nTo—\nAddress—\nIt is alleged that—\nCemetery address—\nAt— Time\nOn— Date\nYou committed the following offence—\nContrary to— Shire of Kulin Cemeteries Local Law 2020\nSchedule 1 reference— Item No.— Clause—\nOffence—\nBrief description—\nThe modified penalty for the\noffence is—\n$\nIf you do not wish to have a complaint of the alleged offence\nheard and determined by a court, the amount of the modified\npenalty may be paid at the Shire of Kulin within a period of\n28 days after the giving of this notice.\nName of authorised person—\nPosition—\nSignature—\nDate—\nPayments may be made— (a) EFT to the Shire of Kulin specifying the infringement\nnumber\n(b) In person at—Shire of Kulin, 38 Johnston Street, Kulin\nduring business hours\n(c) By mail to—Shire of Kulin PO Box 125, Kulin 6365\nPlease make cheques payable to Shire of Kulin.\nIf the penalty is not paid within the time specified, then a complaint of the alleged offence may be\nmade and heard and determined by a court.\n————\nSCHEDULE 3—WITHDRAWAL OF INFRINGEMENT NOTICE\n[cl. 10.2(4)]\nWithdrawal of Infringement Notice\nNo. .................... Date ............ / ............. / .............\nTo: [1]\nInfringement Notice No dated ____/_____/_____ for the alleged offence of [2]\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(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 21 October 2020.\nThe Common Seal of the Shire of Kulin was affixed in the presence of—\nBARRY WEST, Shire President.\nGARRICK YANDLE, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This local law appears to stay within its original intended scope of regulating cemetery operations. It replaces earlier 1967 by-laws covering the same cemeteries and follows the standard template for Western Australian local government cemetery regulations under the Cemeteries Act 1986. The provisions cover administration, burial rights, interment procedures, memorials, and general conduct—consistent with typical cemetery local laws. There is no evidence of scope creep into unrelated areas."},"complexity_factors":["Moderate length (approximately 11 Parts and 3 Schedules) but highly structured with clear headings","27 defined terms in section 1.5, including technical distinctions between 'burial', 'interment', 'ashes', and 'natural burial'","Cross-references to two parent Acts (Cemeteries Act 1986 and Local Government Act 1995) and the Disability Discrimination Act 1992","Multiple permit/grant systems operating simultaneously: grants of right of burial (Part 2), interment permits (Part 3), and memorial approvals (Part 6)","Nested conditions in burial requirements (clause 5.3) with specific measurements (millimetres) and exception clauses ('unless otherwise permitted')","Specific measurement requirements throughout (e.g., 1600mm depth, 10mm character height on lead strips, 20km/h speed limit)","Modified penalty system with infringement notices requiring specific forms in Schedules 2 and 3","Some duplication between clauses (e.g., clause 9.14 references itself incorrectly, should reference 9.13; clause 8.5 appears in text but not in table of contents)"],"plain_english_summary":"This local law sets how the Shire of Kulin’s three public cemeteries are managed and used, covering who runs them, how burial rights are granted and transferred, permit requirements for interments and ashes, and rules for memorials and graves. It affects families, funeral directors and visitors by regulating burial practices, memorial standards, conduct (e.g. 20 km/h speed limit, no pets), and enforcement (fines, removal, damage costs) to keep cemeteries safe, respectful and well‑maintained."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This local law repeals the previous 1967 by‑laws and replaces them with a consolidated, modernised regulatory framework for specified cemeteries, explicitly applying to Kulin, Dudinin and adding Pingaring (cl.1.3–1.4). It expands and formalises administrative controls (permits, fees, detailed technical standards and enforcement mechanisms) and centralises discretion with the Board and CEO (cl.2.1; cl.6.1; cl.4.3)."},"complexity_factors":["Extensive discretionary powers vested in the Board and CEO (e.g. s2.1; s2.4; 4.3; 6.1) increasing case‑by‑case decisionmaking.","Multiple permit streams and administrative prerequisites (interment permits, memorial approvals, replacement/transfer of grants: cls 3.1, 6.1, 2.6–2.8).","Technical and operational specifications (grave dimensions, vaults, niche walls, burial depths: cls 5.1–5.4, 7.1–7.6) requiring operational oversight.","Payment and cost‑recovery mechanisms (set fees, cost recovery for utility use, reinstatement, maintenance: cls 2.3, 2.5, 9.3, 9.12) impose financial compliance burdens.","Enforcement architecture combining criminal penalties, daily fines, modified penalties and infringement notices (cl.10.1; cl.10.2; Schedules 1–3).","Cross‑references to the Cemeteries Act 1986 and Local Government Act 1995, importing external statutory procedures (Part 11 and definitions).","Localised application to named reserves and repeal of older by‑laws (cls 1.3–1.4) requiring mapping of territorial scope."],"plain_english_summary":"This local law sets the rules for operating the Kulin, Dudinin and Pingaring public cemeteries: who may be interred or have ashes placed, how graves and memorials are prepared and sited, permit, fee and timing requirements, and enforcement including fines and infringement notices. The Board and CEO decide approvals and may set fees (s2.1; s2.3; s2.5). Individuals pay set fees and any costs for reinstatement or maintenance and face penalties for non‑compliance (s9.12; s10.1; Sch.1). The law converts burial and memorial choices into a permit-plus-fee regime with material, dimension and timing constraints."}},"importantCases":[],"_links":{"self":"/api/acts/kulin-shire-of-cemeteries-local-law-2020","history":"/api/acts/kulin-shire-of-cemeteries-local-law-2020/history","analysis":"/api/acts/kulin-shire-of-cemeteries-local-law-2020/analysis","conflicts":"/api/acts/kulin-shire-of-cemeteries-local-law-2020/conflicts","importantCases":"/api/acts/kulin-shire-of-cemeteries-local-law-2020/important-cases","documents":"/api/acts/kulin-shire-of-cemeteries-local-law-2020/documents"}}