Cemeteries Local Law 2020

CEMETERIES ACT 1986 LOCAL GOVERNMENT ACT 1995 SHIRE OF KULIN CEMETERIES LOCAL LAW 2020 PART 1—PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Application 1.4 Repeal 1.5 Definitions PART 2—ADMINISTRATION Division 1—General 2.1 Powers and functions of CEO 2.2 Plans Division 2—Right of burial 2.3 Issuing of grants 2.4 Right of holder 2.5 Renewal of grant 2.6 Replacement of grant 2.7 Transfer of grant 2.8 Exercising the rights of holder 2.9 Board may enter into an agreement for maintenance PART 3—APPLICATION FOR INTERMENT 3.1 Application for interment permit 3.2 Applications to be accompanied by certificates etc. 3.3 Certificate of identification 3.4 Minimum notice required 3.5 Refusal of application PART 4—FUNERALS AND MEMORIAL SERVICES 4.1 Fixing times for interments 4.2 Memorial services or processions 4.3 Conduct of interments by the Board PART 5—INTERMENTS 5.1 Requirements for burials 5.2 Requirements for preparation of graves 5.3 Requirements for dimensions of graves 5.4 Requirements for disposal of ashes 5.5 Requirements for re-opening a grave 5.6 Requirements for exhumation 5.7 Requirements for opening of coffin or removal of shroud 5.8 Ashes not to be held by the Board PART 6—APPLICATIONS FOR MEMORIALS 6.1 Application to place memorial 6.2 Australian War Graves PART 7—MEMORIALS PERMITTED 7.1 Limitation on dimensions of memorials 7.2 Specification for monument

7.3 Specification for headstone 7.4 Specification for memorial plaque base 7.5 Specification for memorial plaque 7.6 Specification for gravesite fencing 7.7 Display of trade names on memorials not allowed 7.8 Use of wood PART 8—MEMORIALS AND OTHER WORK 8.1 Carrying out memorial work 8.2 Removal of sand, soil or loam 8.3 Removal of rubbish 8.4 Plants and trees 8.6 Placing of grave ornaments 8.7 Hours of work 8.8 Unfinished work PART 9—GENERAL 9.1 Vehicle access and speed limitation 9.2 Animals 9.3 Utility services 9.4 Damaging and removing of objects 9.5 Withered flowers 9.6 Littering and vandalism 9.7 Advertising 9.8 Signs and directions of the Board 9.9 Removal from a cemetery 9.10 Board may close cemetery 9.11 Offensive matters 9.12 Liability for damage or works required to comply 9.13 Offence to fail to comply with notice 9.14 Board may undertake requirements of notice PART 10—OFFENCES AND MODIFIED PENALTIES 10.1 General penalties 10.2 Modified penalties PART 11—OBJECTIONS AND APPEALS 11.1 Objections and appeals SCHEDULE 1—MODIFIED PENALTIES SCHEDULE 2—INFRINGEMENT NOTICE SCHEDULE 3—WITHDRAWAL OF INFRINGEMENT NOTICE

CEMETERIES ACT 1986 LOCAL GOVERNMENT ACT 1995 SHIRE OF KULIN CEMETERIES LOCAL LAW 2020 Under the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Kulin resolved on 21 October 2020 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of Kulin Cemeteries Local Law 2020. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application This local law applies to the Kulin Public Cemetery (Reserve 192552), Dudinin Public Cemetery (Reserve 14995) and the Pingaring Public Cemetery (Lot 3142) located in the district. 1.4 Repeal This local law repeals the Shire of Kulin, Kulin and Dudinin Cemeteries (Reserves 19252 and 14995) By-Laws as published in the Government Gazette on 8 November 1967 and as amended in the Government Gazette on 21 December 1973 and 15 July 1977. 1.5 Definitions In this local law, unless the context otherwise requires— Act means the Cemeteries Act 1986; Ashes means so much of the remains of a dead body after the due processes of cremation as may be contained in a standard sized cremation urn; authorised person means a person— (a) appointed by the Board for the purposes of performing any function or exercising any power, other than the giving of infringement notices, conferred upon an authorised person by this local law; or (b) authorised under section 64 of the Act to give infringement notices; board means the local government; Burial means placement of a coffin containing a dead body into a grave, and includes a natural burial; business day means any week day other than a public holiday in Western Australia; cemetery means a cemetery under the care and control of the Board; CEO means the chief executive officer, for the time being, of the Board; coffin means a coffin or other receptacle used for the transportation of a dead body to the grave site, or the receptacle used for the burial of a dead body in a grave; Commissioner of Police means the Commissioner of Police for the time being appointed under the Police Act 1892 and includes any person for the time being acting in that capacity; district means the district of the local government; funeral has the meaning given to it in the Act; funeral director means a person holding a current funeral director’s licence; grant means a grant issued by the Board for an exclusive right of burial in a specified area of the cemetery, and for the purposes of this local law, includes placement of ashes in a grave, niche wall, memorial garden or under a memorial plaque, or scattering of ashes within a cemetery;

headstone means a memorial designed for placement at the head of a grave, commemorating a grave or the placement of ashes; holder in relation to a grant includes— (a) a person issued with a grant by the Board, or (b) a person for the time being appearing to the Board to be the holder of a grant; interment includes, as the case may be— (a) burial of a dead body; (b) placement of ashes in a grave, niche wall, memorial garden or under a commemorative plaque; or (c) scattering of ashes; interment permit means a single funeral permit issued by the Board under section 20 or 21 of the Act which entitles the holder to conduct the interment of a person named in the permit, and includes placement or scattering of ashes in a cemetery; local government means the Shire of Kulin; memorial has the meaning set out in the Act; memorial plaque means a panel, plate or tablet designed or used for purposes of bearing a commemorative inscription; memorial work means to install, repair, renovate or remove a memorial; monument means a sculpture, statue, cover of a grave or other form of memorial approved by the Board commemorating a grave or the placement of ashes, other than a headstone or memorial plaque; natural burial means burial in the ground— (a) without preparation of the dead body using chemical preservatives; and (b) by containment of the dead body only in a shroud or biodegradable coffin; niche wall means a structure for the placement of a container of ashes in a compartment secured with a covering memorial plaque; personal representative means— (a) the administrator or executor of an estate of a deceased person; (b) the person who, by law of practice, has the right to apply for administration of the estate of the deceased person; or (c) a person having the lawful custody of a dead body; Schedule means a Schedule to this local law; set fee refers to fees and charges set by a resolution of the Board and published in the Government Gazette, under section 53 of the Act; shroud means, as the context requires— (a) a cloth or cloths used to securely wrap a dead body for burial; or (b) a dead body contained within a cloth or cloths; standard grave means a grave which does not exceed any of the following dimensions: 2000 millimetres long, 1200 millimetres wide and 2100 millimetres deep; utility services means municipal or public services and includes the supply of water, electrical power, and, gas and also includes refuse, building waste and sewerage disposal services; vault means a below ground lined grave with one or more sealed compartments constructed to specifications approved from time to time by the Board; and vehicle includes every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise, other than a wheelchair or baby stroller, and includes a bicycle and a skateboard. PART 2—ADMINISTRATION Division 1—General 2.1 Powers and functions of CEO Subject to the direction of the Board, the CEO shall exercise all the powers and functions of the Board in respect of a cemetery in the district. 2.2 Plans (1) The Board shall establish and maintain a plan of each cemetery showing— (a) the location of areas set aside for burials, niche walls, memorial gardens, and placement of ashes in a garden; (b) the location of an area to be used only for burials of persons of a particular religious denomination; (c) the location of different areas of the cemetery to which different requirements for memorials apply; (d) the location of areas set aside for the works and other uses as specified in sections 24(2)(a) and (b) of the Act; and (e) any restricted areas.

(2) The plans referred to in subclause (1) shall be open for inspection by members of the public during normal office hours of the Board. Division 2—Right of Burial 2.3 Issuing of grants The Board may from time to time issue to a person a grant for the term specified in the Act, upon— (a) written application by that person; and (b) payment of the set fee. 2.4 Right of holder (1) Subject to this local law, to the prior approval of the Board and to the terms and conditions (if any) imposed by the Board, a grant confers on the holder, during the term of the grant, an exclusive right— (a) to be buried in a grave specified in the grant; and (b) to carry out monumental works on the gravesite specified in the grant. (2) The Board, in its absolute discretion, may determine from time to time the number of dead bodies or ashes which may be placed in the grave. (3) The Board or an authorised officer may request the holder to produce the grant before the exercise of any of the rights referred to in subclause (1) and the holder shall forthwith comply with that request. (4) If the location stipulated in the grant of right of burial is significantly and adversely affected prior to or at the time of burial by unforeseen conditions such as flooding, a high water table, rock, large tree roots or any other significant matter the Board may allocate any other gravesite of the grantee’s choosing that is not already subject to a grant. 2.5 Renewal of grant (1) Where, at any time during the term of a grant, a holder— (a) makes written application; and (b) pays a set fee, the Board must renew the grant for a further term of twenty five (25) years commencing on the expiry date of the grant. (2) The set fee for the issue of a new grant pursuant to this clause shall be determined by the Board from time to time. (3) The Board may request the holder to deliver an existing grant to it prior to issuing a new grant. (4) The holder shall forthwith upon receiving a request by the Board in accordance with subclause (3) deliver the existing grant to the Board. 2.6 Replacement of grant (1) The Board may— (a) upon the written application of a holder; and (b) upon the production of evidence to the satisfaction of the Board, issue a new grant to replace a grant which is lost or destroyed. (2) Notwithstanding subclause (1), the Board may prior to issuing a replacement grant, require the holder to make a statutory declaration in a form determined by the Board. (3) The replacement grant issued by the Board shall be deemed to be the original grant. 2.7 Transfer of grant A holder who desires to transfer a grant to another person shall make an application to the Board in a form determined by the board and upon receipt of the application the Board may grant permission in accordance with section 26 of the Act. 2.8 Exercising the rights of holder If evidence is produced in writing to the satisfaction of the Board that a holder is unavailable or not immediately ascertainable, or has died and has not specifically bequeathed a grant, then the rights conferred upon that holder may be exercised by a holder’s personal representative or a person acting expressly on behalf of a personal representative. If those persons are unavailable or not immediately ascertainable, the Board may approve any other person. 2.9 Board may enter into an agreement for maintenance The Board may enter into an agreement with the holder of a grant of right of burial under clause 2.3 or holder of a pre-need certificate under clause 2.4 for the maintenance of an area of a cemetery at the expense of the holder. PART 3—APPLICATION FOR INTERMENT 3.1 Application for interment permit (1) A funeral director may apply for approval for an interment of a dead body in a cemetery. (2) A funeral director, the personal representative of a deceased person whose body has been cremated, or other person approved by an authorised person may apply for approval for interment of ashes in a cemetery.

(3) An application for an interment permit under subclause (1) or (2) of— (a) a dead body shall include details of— (i) proposed burial method for the dead body in accordance with clause 5.1; and (ii) the vehicle transporting the dead body to the gravesite; or (b) ashes shall include details of the proposed interment arrangements for the ashes in accordance with clause 5.4(2). (4) An application under subclauses (1) or (2) shall be accompanied by the set fee. 3.2 Applications to be accompanied by certificates etc. An application under clause 3.1(1) shall be accompanied by— (a) a certificate issued under clause 3.3; and (b) either a medical certificate of death or a Coroner’s order of burial. 3.3 Certificate of identification (1) Prior to the dead body being removed to a cemetery, a person who personally knew the deceased shall identify the dead body and shall provide a certificate of identification, unless— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body. (2) A funeral director shall provide a certificate, where— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or (b) after reasonable effort the funeral director is unable to arrange for a person to identify the dead body. 3.4 Minimum notice required An application for interment shall be made to the Board at least four business days prior to the day proposed for interment, otherwise an extra fee may be charged. 3.5 Refusal of application (1) The Board may refuse an application for the interment permit under clause 3.1(1). (2) If the Board refuses to approve an application under subclause (1), written notice of the refusal is to be given to the applicant. PART 4—FUNERALS AND MEMORIAL SERVICES 4.1 Fixing times for interments (1) On receipt of a completed application form and the satisfaction of all other requirements of the Act and this local law, the Board may— (a) approve a time for the interment; and (b) dig or re-open any grave that is required. (2) The time approved for an interment is at the discretion of the Board but will be as near as possible to the time requested by the applicant. (3) Except with the permission of the Board and subject to such conditions as may be applied, a person shall not carry out a burial— (a) on a Saturday, a Sunday or a public holiday; (b) commencing at any time other than between the hours 9:00 am to 3:00 pm; or (c) to conclude later than 4:00 pm. 4.2 Memorial services or processions A person shall not conduct a memorial service or procession within a cemetery unless that person has the permission of the Board. 4.3 Conduct of interments by the Board When conducting an interment, or for the purposes of deciding whether to conduct an interment, under section 22 of the Act the Board may— (a) require a written request to be made for the Board to conduct an interment; (b) in its absolute discretion, charge any person requesting it to conduct an interment the set fee for the conduct of that funeral; (c) where no fee is applicable or a reduced fee has been charged by it for the conduct of the interment, determine the manner in which the interment shall be conducted; (d) specify an area in a cemetery for the interment; (e) conduct the funeral notwithstanding the failure of a person to make any application or to obtain any consent required under this local law; and (f) do or require anything which is considered necessary or convenient for the conduct of the funeral by the Board.

PART 5—INTERMENTS 5.1 Requirements for burials A person shall not bring a dead body into a cemetery unless— (a) the Board has approved an application for the burial of that dead body made under clause 3.1(1); (b) it is enclosed in a coffin or shroud which bears the name of the deceased person indelibly inscribed in legible characters on a plate attached in a clearly visible position; and (c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the surname of the deceased person stamped in legible characters, each character being not less than 10 millimetres in height. 5.2 Requirements for preparation of graves (1) A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of the Board. (2) Regardless of prior grant of right of burial under clause 2.3 or gravesite approved upon application made under clause 3.1, the Board may direct the digging or preparation of a grave in an alternate position, where— (a) evidence of a prior interment is found, or known to have occurred; (b) access to the position is constrained; (c) the digging or preparation of the grave is unreasonably difficult; or (d) utility services may be interfered with. (3) Where an alternative position for the grave is directed under subclause (2), the Board is to advise the funeral director immediately. 5.3 Requirements for dimensions of graves (1) A person shall not bury a dead body in a cemetery other than in a standard grave, unless that person has the permission of the Board. (2) Every grave prepared by the Board shall be dug at least 1800 millimetres deep and shall not exceed 2300 millimetres in depth, unless otherwise determined by the Board. (3) Unless otherwise permitted by the Board, a person shall not bury a dead body within a cemetery so that the distance from the top of the coffin or shroud to the original surface of the ground is— (a) subject to paragraph (b), less than 1600 millimetres, unless that person has the permission of an authorised person; or (b) in any circumstances less than 750 millimetres. (4) The permission of the Board in subclause (3) shall not be granted unless in the opinion of the authorised person exceptional circumstances require granting of that permission. 5.4 Requirements for disposal of ashes (1) Except in accordance with an approved application under clause 3.1(2), a person shall not bring or dispose of the ashes of a deceased person into a cemetery. (2) The person approved under subclause (1) may dispose of the ashes of that deceased person in a cemetery by one of the following methods, if that method is available— (a) placed within the perimeter of an authorised gravesite at a depth of at least 600 millimetres; (b) placed in a niche wall; or (c) scattered in an area approved by the Board. (3) The Board may require a person making an application under clause 3.1(2) to provide additional information reasonably related to the application before determining the application. (4) The Board may— (a) approve an application under clause 3.1(2) unconditionally or subject to any conditions; or (b) refuse to approve an application under clause 3.1(2). (5) Where an application under clause 3.1(2) has been approved subject to conditions, the applicant must comply with each of those conditions, as amended. (6) If the Board refuses to approve an application under clause 3.1(2), written notice of the refusal is to be given to the applicant. 5.5 Requirements 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. 5.6 Requirements for exhumation (1) Subject to subclause (2), a person shall not exhume a dead body 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 Board requesting the exhumation and an authorised person has authorised the exhumation. 5.7 Requirements for opening of coffin or removal of shroud A person shall not open a coffin or remove a shroud in a cemetery unless— (a) the coffin is opened or shroud removed 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. 5.8 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 an authorised person 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 dimensions of a standard grave. (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 A monument is to be constructed in a manner approved by the Board. 7.3 Specification for headstone A headstone is to be constructed in a manner approved by the Board. 7.4 Specification for memorial plaque base A memorial plaque base is to be constructed in a manner approved by the Board. 7.5 Specification for memorial plaque A memorial plaque is to be made in a manner approved by the Board. 7.6 Specification for gravesite fencing Gravesite fencing is to be constructed in a manner approved by the Board. 7.7 Display of trade names on memorials not allowed A person shall not display any trade names or marks on a memorial. 7.8 Use of wood No wooden fence, railing or construction other than a cross, shall be allowed on or around a grave, other than as a temporary marker or with the permission of the Board. PART 8—MEMORIALS AND OTHER WORK 8.1 Carrying out memorial work (1) A person shall not carry out memorial work within a cemetery unless that person is authorised by the Board to do so under clause 6.1.

(2) All material required in the erection and completion of any memorial work shall, be prepared before being taken to a cemetery. (3) The Board may place restrictions on the hours of work, access to a cemetery or other matters considered appropriate. (4) Memorial works shall be suspended during the conduct of any funeral within a cemetery. (5) Work is not permitted to be left unattended in an untidy or unsafe state. 8.2 Removal of sand, soil or loam No sand, earth or other material shall be taken from any part of a cemetery for use in the construction of any memorial or other work, or cause any material to be removed from a cemetery except with the written approval of the Board. 8.3 Removal of rubbish All refuse, rubbish or surplus material remaining after approved memorial works are completed shall be immediately removed from a cemetery by the person carrying out the same. 8.4 Plants and trees No trees or shrubs shall be planted on any grave or within a cemetery except such as shall be approved by the Board. 8.5 Supervision All workers, whether employed by the Board or by any other person, shall at all times while within the boundaries of a cemetery be subject to the supervision of the Board and shall obey any directions of the Board. 8.6 Placing of grave ornaments A person shall not place vases or other grave ornaments— (a) outside the perimeter of a grave in a cemetery as defined in the plans kept and maintained under section 40(2) of the Act; or (b) outside of an area set aside by the Board as a memorial plaque section. 8.7 Hours of work Except in accordance with the permission of an authorised person, a person shall not carry out memorial or other work within a cemetery— (a) during a funeral; or (b) other than between the hours of 8:00 am and 5:00 pm on a business day. 8.8 Unfinished work A person who does not complete any work before 5:00 pm on a business day shall leave the work in a neat and safe condition to the satisfaction of the Board. PART 9—GENERAL 9.1 Vehicle access and speed limitation (1) A person must only drive a vehicle on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within a cemetery, unless otherwise authorised by the Board. (2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 20 kilometres per hour, and shall comply with the signs and directions in the cemetery. 9.2 Animals A person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other than an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth) or with the approval of the CEO or an authorised officer. 9.3 Utility services (1) Other than with the approval of the Board, a person shall not— (a) connect any device or equipment to any utility services supplied on or at a cemetery; (b) alter or interfere with utility services infrastructure located in a cemetery. (2) The Board may recover from a person the reasonable costs incurred by the Board for the supply to and use of any utility services by that person at a cemetery. 9.4 Damaging and removing of objects Subject to clause 9.5, a person shall not damage, remove or pick any tree, plant, shrub or flower in a cemetery or any other object or thing on any grave or memorial or which is the property of the Board without the permission of the Board. 9.5 Withered flowers A person may remove withered flowers from a grave or memorial and these are to be disposed of in an appropriate manner.

9.6 Littering and vandalism A person shall not— (a) damage, deface or interfere with any monument or gravesite in any manner whatsoever; (b) break or cause to be broken any glass, ceramic or other material in or upon a cemetery; or (c) discard, deposit, leave or cause to be discarded, deposited or leave any refuse or litter in a cemetery other than in a receptacle provided for that purpose. 9.7 Advertising (1) A person shall not advertise or carry on any trade, business or profession in a cemetery without the approval of the Board. (2) Upon payment of the set fee, the Board may consider and give approval subject to such conditions as the Board thinks fit. 9.8 Signs and directions of the Board (1) The Board may display, mark, place or erect a sign within a cemetery specifying conditions relating to the use of that cemetery. (2) A person shall obey all signs displayed, marked, placed or erected by the Board within a cemetery and any other lawful direction by the Board. 9.9 Removal from a cemetery (1) Any person failing to comply with any provisions of this local law or behaving in a manner that in the opinion of the Board is inappropriate in a cemetery may in addition to any penalty provided by this local law be ordered to leave the cemetery. (2) A person to whom an order under subclause (1) is given must comply with that order. 9.10 Board may close cemetery The Board may— (a) temporarily close a cemetery or any part of it; (b) exclude from a cemetery the public and all persons or so many of the public or so many persons as the Board consider to be necessary; (c) regulate, prohibit or restrict access to a cemetery or any part of it; or (d) direct persons to leave a cemetery or any part of it, for purposes of— (i) a funeral or public convenience; (ii) maintenance, redevelopment or extension of a cemetery; (iii) public safety; or (iv) other operational reasons. 9.11 Offensive matters (1) A person shall not allow or cause to be displayed offensive materials, wording, symbols or images of any kind, whether as a sign, on a memorial or otherwise visible. (2) Where, in the opinion of the Board, a person does not comply with subclause (1), the Board may issue a notice under clause 9.13(1). 9.12 Liability for damage or works required to comply (1) Where a person— (a) causes damage to any grave, memorial, structure, building, furniture, plant or any other item or thing in a cemetery; (b) does a thing not authorised by this local law; or (c) does not do a thing required by this local law; the Board may by notice in writing to that person require that person within the time required in the notice to, at the option of the Board— (d) pay the costs of reinstating the property to the state it was in prior to the occurrence of the damage; (e) pay the costs of replacing that property; (f) pay the costs of works required to comply with this local law; or (g) carry out works required to comply with this local law. (2) On a failure to comply with a notice issued under subclause (1), the Board may recover the costs referred to in the notice as a debt due to it. 9.13 Offence to fail to comply with notice Whenever the Board gives a notice under this local law requiring a person to do anything, if a person fails to comply with the notice, that person commits an offence. 9.14 Board may undertake requirements of notice Where a person fails to comply with a notice referred to in clause 9.14, the Board may do the thing specified in the notice and recover from the person to whom the notice was given, as a debt, the costs incurred in so doing.

PART 10—OFFENCES AND MODIFIED PENALTIES 10.1 General penalties A person who commits a breach of any provisions of this local law commits an offence and shall on conviction be liable to a penalty not exceeding $500, and if the offence is a continuing one to a further penalty not exceeding $20 for every day or part of a day during which the offence has continued. 10.2 Modified penalties (1) The offences specified in Schedule 1 are offences which may be dealt with under Section 63 of the Act. (2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the fourth column of Schedule 1. (3) The infringement notice referred to in Section 63(1) of the Act shall be in the form set out in the Schedule 2. (4) The notice withdrawing an infringement notice referred to in Section 63(3) of the Act shall be in the form set out in Schedule 3. PART 11—OBJECTIONS AND APPEALS 11.1 Objections and appeals The provisions of Division I of Part 9 of the Local Government Act 1995 and regulation 33 of the Local Government (Functions und General Regulations) 1996 shall apply to a decision made by the local government under this local law as to whether it will— (a) grant a person a permit or authorisation; (b) vary or cancel a permit or authorisation; or (c) give a person a notice. ———— SCHEDULE 1—MODIFIED PENALTIES [cl. 10.2(1)] Item Clause Nature of offence Modified Penalty $ 1 4.2 Conducting a memorial service or procession without permission 50 2 5.1 Failure to obtain approval to bring a dead body into a cemetery 50 3 5.2(1) Unauthorised digging, preparation or filling of grave 50 4 5.3(1) Unauthorised burial of dead body 50 5 5.4(1) Unauthorised disposal of ashes 50 6 5.5(1) Unauthorised construction of vault or mausoleum 50 7 5.6(1) Unauthorised reopening of a grave 50 8 5.7(1) Unauthorised exhumation of a coffin or shroud 50 9 5.8 Unauthorised opening of a coffin or shroud 50 10 7.7 Use of trade name or mark on a memorial 50 11 7.8 Unauthorised use of wood on a gravesite 50 12 8.1 Unauthorised construction of a memorial 50 13 8.2 Unauthorised use of materials taken from within a cemetery 50 14 8.3 Failure to remove rubbish and surplus materials 50 15 8.4 Unauthorised planting of tree or shrub 50 16 8.5 Failure to comply with direction of authorised person 50 17 8.6 Unauthorised placing of grave ornaments 50 18 8.7 Works carried out during unauthorised times 50 19 8.8 Failure to leave uncompleted works in a tidy and safe condition 50 20 9.1(1) Driving vehicle other than on vehicular access way or constructed roadways or within designated areas 50 21 9.1(2) Exceeding speed limit 50 22 9.3 Interference with utility services 50 23 9.4 Damaging or removing object 50 24 9.5 Failure to dispose of withered flowers appropriately 50 25 9.6 Littering or vandalism within a cemetery 50 26 9.7 Unauthorised advertising and/or trading 50 27 9.8(2) Failure to obey sign or lawful direction within cemetery 50 28 9.9(2) Failure to comply with order to leave cemetery 50 29 9.11(1) Display of offensive materials, wording, symbols or images 50 30 9.13 Failure to comply with notice within specified period 50

SCHEDULE 2—INFRINGEMENT NOTICE [cl. 10.2(3)] Infringement Notice INFRINGEMENT NUMBER— To— Address— It is alleged that— Cemetery address— At— Time On— Date You committed the following offence— Contrary to— Shire of Kulin Cemeteries Local Law 2020 Schedule 1 reference— Item No.— Clause— Offence— Brief description— The modified penalty for the offence is— $ If you do not wish to have a complaint of the alleged offence heard and determined by a court, the amount of the modified penalty may be paid at the Shire of Kulin within a period of 28 days after the giving of this notice. Name of authorised person— Position— Signature— Date— Payments may be made— (a) EFT to the Shire of Kulin specifying the infringement number (b) In person at—Shire of Kulin, 38 Johnston Street, Kulin during business hours (c) By mail to—Shire of Kulin PO Box 125, Kulin 6365 Please make cheques payable to Shire of Kulin. If the penalty is not paid within the time specified, then a complaint of the alleged offence may be made and heard and determined by a court. ———— SCHEDULE 3—WITHDRAWAL OF INFRINGEMENT NOTICE [cl. 10.2(4)] Withdrawal of Infringement Notice No. .................... Date ............ / ............. / ............. To: [1] Infringement Notice No dated // for the alleged offence of [2] Penalty [3] $______ is withdrawn. (Delete whichever does not apply)

• No further action will be taken.
• It is proposed to institute court proceedings for the alleged offence. (Authorised Person) [1] Insert name and address of alleged offender. [2] Insert short particulars of offence alleged. [3] Insert amount of penalty prescribed. ———— Dated 21 October 2020. The Common Seal of the Shire of Kulin was affixed in the presence of— BARRY WEST, Shire President. GARRICK YANDLE, Chief Executive Officer. ———————————