Repeal Local Law 2016
2336GOVERNMENT GAZETTE, WA 2 May 2017
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2336 GOVERNMENT GAZETTE, WA 2 May 2017 funeral has the meaning given to it in the Cemeteries Act 1986; funeral director means a person holding a current funeral director’s licence issued by the Board under section 17 of the Act; funeral director’s licence means a licence issued by the Board in accordance with clause 4.2, which entitles the holder to conduct funerals at the cemeteries; grant means a grant issued by the Board, of an exclusive right of burial in a grave; grave means a specified area of the cemetery for burial; 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; memorial has the meaning given to it in the Cemeteries Act 1986; Minister means the Minister for Local Government; monument includes a tombstone, vault, enclosure or other approved form of memorial; monumental mason licence means a licence issued under clause 7.14(1); monumental work includes the erection, alteration or removal of or other working upon a monument on a grave; 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; set fee refers to fees and charges set by a resolution of the Board in accordance with sections 6.16 to 6.19 of the Local Government Act 1995 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 vehicle has the same meaning as is given to that word in the Road Traffic Act 1974, as amended from time to time, and includes trail bikes, beach buggies and other recreational vehicles licensed or unlicensed, but excludes a wheelchair being used by a physically impaired person. (2) Unless otherwise defined herein, the terms and expressions used in this local law shall have the same meaning given to them in the Act. 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 cemeteries. PART 3—APPLICATION FOR FUNERALS 3.1 Grant of right of burial The Board may issue to a person a grant of right of burial, for the term specified in the Act from time to time, upon— (a) written application by that person; and (b) payment of the set fee. 3.2 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. 3.3 Applications to be accompanied by certificates etc An application referred to in clause 3.2 shall be accompanied by either a medical certificate of death or a Coroner’s order of burial, and a certificate issued under clause 3.4, in respect of the dead body. 3.4 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 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) Where— (a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or