Repeal Local Law 2016
2338GOVERNMENT GAZETTE, WA 2 May 2017
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2338 GOVERNMENT GAZETTE, WA 2 May 2017 4.7 Review of decision An aggrieved person whose licence has been cancelled or suspended under this part may appeal to the State Administrative Tribunal against a decision of the Board under this part and in the manner stated in section 19 of the Act. PART 5—FUNERALS 5.1 Requirements for funerals and coffins A person shall not bring a dead body into the cemetery unless— (a) the Board has approved an application for the burial of that dead body in accordance with Part 3 of this local law; (b) it is enclosed in a coffin which in the opinion of the Board is structurally sound and bears the name of the deceased person indelibly inscribed in legible characters on a plate on the coffin’s lid; 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 10mm in height. 5.2 Funeral processions The time fixed by the Board for any burial shall be the time at which the funeral procession is to arrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold the funeral under clause 3.1 shall pay the set fee for being late. 5.3 Vehicle access and speed limitations (1) Subject to subclause (2), every funeral procession shall enter by the principal entrance, and no vehicle except the hearse, and official mourning coaches, shall be permitted to enter the interment area. (2) This clause shall not apply to persons using wheelchairs or motorised wheelchairs. (3) 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 limit indicated by signs. 5.4 Offenders may be ordered to leave A person committing an offence under subclause 5.3(3) may be ordered to leave the cemetery by the CEO or an authorised officer. 5.5 Conduct of funeral by Board When conducting a funeral under section 22 of the Act, the Board may— (a) require a person to lodge with the Board a written request for the Board to conduct a funeral; (b) in its absolute discretion, charge any person requesting it to conduct a funeral the set fee for the conduct of that funeral by it; (c) where no fee or a reduced fee has been charged by it for the conduct of the funeral, determine the manner in which the funeral shall be conducted; (d) bury a dead body within a cemetery under the delegation of the Board and in conjunction with the Act; (e) specify an area in the cemetery where the dead body is to be buried or the ashes placed; (f) conduct the funeral notwithstanding the failure of a person to make any application or to obtain any consent required under this local law; and (g) do or require anything which it considers is necessary or convenient for the conduct of a funeral by it. Division 2—Placement of Ashes 5.6 Disposal of ashes (1) A personal representative of a deceased person whose body has been cremated may apply, in an application under clause 3.1 or otherwise, for permission to dispose of the ashes in the cemetery and upon payment of the set fee the Board may grant permission for the ashes to be disposed of by one of the following methods— (a) niche wall; (b) scattering to the winds; or (c) other memorials approved by the Board. (2) Subject to subclauses (3) and (4), a person shall not place the ashes of a deceased person in the cemetery. (3) An authorised officer may place the ashes of a deceased person in a cemetery in accordance with the Board’s approval provided— (a) the person requesting the placement of the ashes has the permission of the Board; and (b) the ashes are placed within an area set aside for that purpose by the Board.