Bush Fire Brigades Amendment Local Law 2018
3132GOVERNMENT GAZETTE, WA 4 September 2018
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3132 GOVERNMENT GAZETTE, WA 4 September 2018 (9) The number of burials in a chamber must not exceed the number for which the chamber was designed. 5.6 Requirement for re-opening a grave (1) A person shall not reopen a grave without the approval of the Board. (2) If for the purpose of re-opening a grave in a cemetery, the Board finds it necessary to remove plants, grass, shrubs or other like matter from the grave, then the person ordering the re-opening of that grave shall bear the cost of the removal and any necessary reinstatement. 5.7 Requirements for exhumation (1) Subject to subclause (2), a person shall not exhume a coffin in a cemetery for the purposes of reburial within 12 months after the date of its interment. (2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act. (3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant of right of burial must have applied in writing to the CEO requesting the exhumation and an authorised person has authorised the exhumation. 5.8 Requirements for opening of coffin or removal of shroud A person shall not open a coffin in a cemetery unless— (a) the coffin is opened for the purposes of the exhumation of a dead body; or (b) that person has produced to the Board an order signed or authorised pursuant to the Act and an authorised person has approved the opening of that coffin or removal of the shroud. 5.9 Ashes not to be held by the Board The Board shall not accept custody of ashes of a deceased person. PART 6—APPLICATIONS FOR MEMORIALS 6.1 Application to place memorial (1) Upon payment of the set fee, the Board may approve an application to place a memorial with or without conditions, including restricting use of materials such as wood, dimensions of a memorial etc, so as not to detract from the amenity of a cemetery. (2) The Board may require the written consent of the holder of the grant of right of burial of the grave, the personal representative of a deceased person, or other person to the satisfaction of the CEO to accompany an application for a memorial made under section 30 of the Act. (3) Where written consent is not able to be produced, the Board may approve with or without conditions or decline an application in its absolute discretion. (4) If the Board refuses to approve an application under subclause (2), written notice of that refusal is to be provided to the applicant. 6.2 Australian War Graves Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves— (a) may place a complying memorial on a military grave; and (b) is not required to pay the set fee for any memorial that is placed upon a military grave. PART 7—MEMORIALS PERMITTED 7.1 Limitation on dimensions of memorials (1) No part of a memorial, including any grave cover, kerbing, boundary marker or enclosure is to extend beyond the standard dimensions of a gravesite. (2) No part of a monument above its base shall extend horizontally beyond its base. (3) Notwithstanding subclause (1), on request of the personal representative, the Board may approve a memorial over adjoining multiple gravesites— (a) where the persons interred are of the same family; or (b) for another acceptable reason. 7.2 Specification for monument (1) A monument in a cemetery— (a) shall be made of approved material; (b) shall be placed on a base of approved material; (c) the portion not being a grave cover, shall comply with the following specifications— (i) unless a greater height is approved by the Board, the overall height of a monument above the original surface of the grave shall not exceed 1.2m; (ii) the height of the base of the monument above the original surface of the grave shall not be less than 150mm nor more than 450mm; (iii) the width of the base of the monument shall not exceed 1.2m; (iv) the length of the base of the monument measured along the length of the grave shall not exceed 600m;