26Power to make cemetery trust rules

26 Power to make cemetery trust rules

(1) A cemetery trust may make rules for or with respect to the general care, protection and management of a public cemetery for which the cemetery trust is responsible.

(2) Without limiting subsection (1), cemetery trust rules may be made for or with respect to—

(a) the disposition of human remains;

(b) the granting of rights of interment;

(c) the protection of buildings, memorials, structures, parks, gardens, plantations and enclosures;

(d) regulating the behaviour of persons in the cemetery or crematorium to ensure good order and decency;

(e) regulating vehicular traffic in the cemetery;

(f) the position and depth of places of interment which are graves;

(g) the position of places of interment which are vaults and mausolea facilities, the construction of coffins to be put into vaults and mausolea facilities and the covering of vaults and mausolea facilities to prevent the escape of noxious fumes;

(h) conditions to be complied with by persons who conduct interments, cremations or ceremonies in the cemetery;

(i) conditions to be complied with by persons who undertake works in the cemetery;

(j) the hours of opening or operation of the cemetery or crematorium in the cemetery.

(3) Cemetery trust rules may impose a penalty not exceeding 20 penalty units for any contravention of the cemetery trust rules.

(4) Cemetery trust rules—

(a) may be of general or limited application;

(b) may differ according to differences in time, place or circumstance;

(c) may leave any matter or thing to be from time to time determined, approved or dispensed with by the Secretary or a cemetery trust;

(d) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person, whether—

(i) wholly or partially or as amended by the cemetery trust rules; or

(ii) as formulated, issued, prescribed or published at the time the cemetery trust rules are made or at any time before then; or

(iii) as formulated, issued, prescribed or published from time to time.

(5) Cemetery trust rules may incorporate all or any of the model rules.

(6) A cemetery trust rule—

(a) must not be inconsistent with any Act or statutory rule; and

(b) is inoperative to the extent that it is inconsistent with any Act or statutory rule.

(7) A cemetery trust rule may be inconsistent with the model rules.