22 August, 1975 as amended in the Government Gazette on 15 July, 1977, 11 May, 1979 and 31
October, 1986.
Interpretations
2. In these Local Laws unless the context otherwise requires—
“Act” means the Cemeteries Act, 1986;
“authorised person” means an employee of the Council authorised by the Council to exercise any
power conferred by an Act of Parliament or these Local Laws;
“CEO” means the Chief Executive Officer or Acting Chief Executive Officer for the time being, of the
Shire of Carnarvon;
“memorial” includes headstone, plaque, tombstone, monumental work, inscription, kerbing, enclo-
sure and any other fixture or thing commemorating a grave;
“personal representative” includes the administrator and executor of an estate of a deceased person
who, by law or practice, has the best right to apply for administration and any person having the
lawful custody of a dead body;
“right of burial” means the right to use a specified area of a cemetery for burial;
“set fee” refers to fees and charges set by a resolution of the Council and published in the
Government Gazette in accordance with section 53 of the Act;
“single funeral permit” means a permit issued by the Council in accordance with Clause 22 which
entitles the holder to conduct a funeral at the cemetery for the deceased persons named in the
permit.
PART II—ADMINISTRATION
3. The CEO, subject to the direction of the Council, shall exercise general supervision and control over
all matters concerning the administration of the cemetery and the carrying out and enforcement of these
Local Laws and all directions of the CEO shall be deemed to have been given by order of the Council.
4. A plan of the cemetery showing the distribution of the land, compartments, section, situation and
number of grave,and a register of all certificates of rights of burial shall be kept at the office of the
PART III—RIGHTS OF BURIAL
5. Graves within the cemetery shall be either private or public.
6. A private grave is one in respect of which an exclusive right of burial has been granted by Council.
7. A public grave is one for which the land has been granted free of charge by the Council. The Council
retains all rights and powers in respect of a public grave as were held by the Council prior to the grant.
8. The Council may, upon the written application of a person and upon payment of the set fee issue that
person with a Grant of Exclusive Right of Burial in a specified area of the Cemetery.
9. A Grant of Exclusive Right of Burial shall be for a term of twenty-five (25) years from the date of issue
or from the date of burial if the set fee has been pre-paid.
10. A Grant of Exclusive Right of Burial confers upon the grantee an exclusive right:
(a) to bury the dead bodies of one or more deceased persons in a grave; and
(b) to carry out memorial works on a grave;
during the term of the grant.
11. A grantee may make application to the Council in the form determined by the Council from time to
time to transfer a Grant of Exclusive Right of Burial to another person and this may be approved by the
Council subject to payment of the set fee.
Section 22 - LOCAL LAWS RELATING TO THE
CARNARVON PUBLIC CEMETERY - August, 1975 as amended in the Government Gazette on 15 July, 1977, 11 May, 1979 and 31 | Zoe
GOVERNMENT GAZETTE, WA 102526 February 1998]
12. If application be made for interment in any grave of the remains of any person other than the person
to whom the grant was issued, or a registered assignee, the written and verified consent of such grantee
or assignee shall be produced together with the Grant of Exclusive Right of Burial, or in the case of an
assignee, the assignment of the right of burial in the form issued by the Council.
PART IV—APPLICATION FOR FUNERALS
13. Any person desiring to inter any dead body in the cemetery shall make an application in the form
determined by the Council from time to time and pay the set fee.
14. All applications for interment shall be accompanied by;
(a) a medical certificate of death; or
(b) a Coroner’s order for burial;
in respect of the body.
15. All applications for interment shall be made at the office of the Council at least twenty four hours
(24) prior to the time fixed for burial, otherwise an extra charge shall be made.
PART V—DISPOSAL OF ASHES
16. A personal representative may give directions for the disposal of ashes by lodging an authorisation
for disposal at the office of the Council and the Council shall accept such an authorisation as evidence
that the person signing the authorisation is in fact entitled to dispose of the ashes, upon payment of the
set fee.
PART VI—TIMES FOR FUNERALS
17. The hours for burial shall be as follows—
Monday to Friday — 9 am to 4 pm;
Saturday — 8.30 am to 11.30 am
and no burial shall be allowed to take place nor any coffin allowed to enter the cemetery, at any other
hour except by written permission of the Council.
PART VII—FUNERAL DIRECTORS
18. A person shall not direct a funeral within the cemetery or otherwise make use of the cemetery for any
purpose connected with directing a funeral unless that person is—
(a) a Funeral Director;
(b) an employee of the Funeral Director; or
(c) the holder of a single funeral permit issued in accordance with Clause 22.
19. The Council may upon receipt of an application in writing by any person and upon payment of the set
fee, issue to the applicant a Funeral Director’s licence in the form determined by the Council from time
to time authorising the holder to direct funerals within the cemetery at such times and on such days and
subject to such conditions as the Council shall specify upon the issue of that licence.
20. A Funeral Director’s licence shall expire on the 30th day of June in each year, but may be renewed on
payment of the set fee.
21. The Council may, by notice in writing to the holder of a Funeral Director’s licence, cancel the licence
if the holder of the licence or any employee of the holder, has committed a breach of these Local Laws, the
Act, or any of the conditions upon which the licence was issued, or if in the opinion of the Council, has
behaved in relation to the direction of a funeral, in a manner which is inappropriate or unbecoming.
Single Funeral Permits
22. The Council may upon receipt of an application in writing by any person, in the form determined by
the Council from time to time and upon payment of the set fee issue to the applicant a single funeral
permit authorising the holder to direct the funeral of the person named in the permit within the cem-
etery at such time and subject to such conditions as the Council shall specify upon the issue of that
permit.
23. Every application for a single funeral permit made in accordance with Clause 22 shall include coffin
specifications and details of the vehicle transporting the dead body to the gravesite.
24. The transporting vehicle shall be large enough to completely contain the coffin.
PART VIII—FUNERALS
25. Every coffin shall have upon the lid an approved metal plate bearing the name of the deceased
stamped or otherwise indelibly inscribed in legible characters thereon. Any coffin not complying with
this Local Law will not be admitted to or be interred in the cemetery.
26. The time fixed for any burial shall be the time at which the funeral is to arrive at the cemetery gates,
and, if not punctually observed, then the applicant who applied to hold the funeral under Clause 13
shall pay the set fee for being late.
27. Every funeral shall enter by the principal entrance, and no vehicle, except the hearse, and official
mourning coaches, shall be permitted to enter the cemetery, or stand opposite the entrance gates.
28. Vehicles shall proceed within the cemetery by the constructed roadway or other areas designated for
the use of vehicles and shall not exceed the speed of 25km per hour.
29. A person committing an offence under Clause 28 may be forthwith expelled from the cemetery by the
CEO or an authorised person.
30. No bicycle shall be ridden within the cemetery.
GOVERNMENT GAZETTE, WA [26 February 19981026
PART IX—BURIALS
31. The Council shall cause all graves to be dug or to be re-opened as and when required.
32. Every grave shall be at least two metres deep at the first interment and no interment shall be
allowed in any grave with a less depth than one metre from the top of the coffin to the original surface of
the surrounding ground.
33. Brick graves, catacombs or vaults may not be constructed within the cemetery.
34. A person shall not disinter a coffin in the cemetery for the exhumation of a dead body unless:
(a) the exhumation is ordered or authorised pursuant to the Act; or
(b) the holder of the Grant of Exclusive Right of Burial has applied in writing to the Council re-
questing the exhumation and the Council has authorised the exhumation.
35. If for the purpose of re-opening a grave the Council finds it necessary to remove a memorial, edging,
tiles, 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.
PART X—MEMORIALS AND OTHER WORK
36. Subject to Clause 37 the Council may upon receipt of an application in writing by any person and
upon payment of the set fee issue to the applicant a permit authorising the holder to carry out memorial
works upon a particular grave specified in the application at such time and on such days and subject to
such conditions as the Council shall specify upon the issue of that permit or in these Local Laws.
37. All applications referred to in Clause 36 shall be accompanied by the written consent of the holder of
the Grant of Exclusive Right of Burial.
38. The Council may reject any application referred to in Clause 36 where it considers the proposed
memorial works are inappropriate or unbecoming.
39. Every memorial shall be placed on proper and substantial foundations.
40. The materials used in every memorial shall be subject to the approval of the CEO or authorised
person and any material rejected shall be immediately removed from the cemetery by the person erect-
ing the memorial. All refuse or other rubbish remaining after the work is completed shall be immedi-
ately removed from the cemetery by the person causing the same.
41. Should any work by masons or others be not completed before 6pm Monday to Friday or before noon
on Saturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of
the CEO or an authorised person.