2062GOVERNMENT GAZETTE, WA 12 April 2017

2062 GOVERNMENT GAZETTE, WA 12 April 2017 nuisance means— (a) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the land affected by the interference; 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 lawful custody of a dead body; 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; single funeral permit means a permit issued by the Board under section 20 or 21 of the Act which entitles the holder to conduct at the cemetery a funeral of a person named in the permit; and vault means a below ground lined grave with one or more sealed compartments constructed to specifications approved from time to time by the Board. vehicle has the same meaning as is given to that word in the Road Traffic (Administration) Act 2008 (as amended from time to time), and includes trail bikes, beach buggies and other recreational vehicles licenced or unlicensed, but excludes a wheelchair being used by a physically impaired person. PART 2—ADMINISTRATION 2.1 Powers and functions of CEO Subject to any directions given by the Board, the CEO shall exercise all the powers and functions of the Board in respect of the cemetery. PART 3—APPLICATION FOR FUNERALS 3.1 Application for burial (1) A person may apply for approval to bury a dead body in the cemetery in the form determined by the Board from time to time. (2) An application under subclause (1) is to be accompanied by the set fee. 3.2 Applications to be accompanied by certificates etc All applications referred to in clauses 3.1 shall be accompanied by either a medical certificate of death or a Coroner’s order of burial, and a certificate issued under clause 3.3, in respect of the body. 3.3 Certificate of identification (1) After a dead body is placed in a coffin and prior to a dead body being removed to the cemetery, a person who personally knew the deceased shall identify the dead body and shall complete a certificate of identification in the form determined by the Board from time to time, unless— (a) in the opinion of a 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 complete a certificate in the form determined by the Board from time to time, 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 All bookings to hold a funeral shall be made with the Board at least 48 hours prior to the time proposed for burial on the application, otherwise an extra charge may be made. PART 4—FUNERAL DIRECTORS 4.1 Funeral director’s licence expiry A funeral director’s licence shall expire on 30 June of each year. 4.2 Single funeral permits Every application for a single funeral permit made under section 20 or 21 of the Act shall include coffin specifications and details of the vehicle transporting the dead body to the gravesite.