PART 9—OFFENCES AND MODIFIED PENALTY
9.1 General
9.2 Modified penalties
SCHEDULE 1—MODIFIED PENALTIES
SCHEDULE 2—TYPES OF MEMORIALS PERMITTED IN DIFFERENT AREAS OF A
CEMETERY
SCHEDULE 3—INFRINGMENT NOTICE
SCHEDULE 4—WITHDRAWAL OF INFRINGMENT NOTICE
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CEMETERIES ACT 1986
CEMETERIES LOCAL LAW 2022
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 Dardanup resolved on 23 November 2022 to
make the following local law.
This local law is the Shire of Dardanup Cemeteries Local Law 2022.
1.2 Application
This local law applies to the Dardanup Cemetery and Ferguson Cemetery.
1.3 Commencement
This local law comes into operation 14 days after the date of its publication in the Government Gazette.
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 cremation urn;
assistance animal has the same meaning as in the Disability Discrimination Act 1992 (Cth);
authorised person means an employee of the Board—
(a) appointed by the Board under section 9.10 of the Local Government Act 1995 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 Shire of Dardanup;
business day means any week day other than a public holiday in Western Australia;
cemetery means, depending on the context, any or all of the Dardanup Cemetery, or the Ferguson
Cemetery;
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;
cremation urn means a container used for holding the remains of a dead body after the due
processes of cremation of which the volume does not exceeding .004m3 (4,000 cubic
centimetres), or such greater volume as approved by the CEO in writing;
Dardanup Cemetery means the Dardanup Cemetery located within Reserve 19722 which the
Governor by order has vested under the care, control and management of the Board;
disability has the same meaning as in the Disability Discrimination Act 1992 (Cth);
district means the district of the Shire of Dardanup;
Ferguson Cemetery means the Ferguson Cemetery located at Lot 3 Ferguson Road, Ferguson;
funeral director means a person holding a current funeral director’s licence issued by the Board
under section 17 of the Act;
headstone means a memorial designed for placement at the head of a grave in the lawn section of
a cemetery, commemorating a grave or the placement of ashes;
mausoleum means a burial chamber wholly above or partially above and below ground level with
one or more sealed compartments;
memorial has the meaning set out in the Act and includes a headstone, memorial plaque and
monument;
memorial plaque means a panel, plate or tablet designed or used for purposes of bearing
commemorative inscription;
monument means a tombstone, sculpture, statute or other form of memorial approved by the
Board commemorating a grave or the placement of ashes, other than a headstone;
monumental mason licence means a licence issued under clause 7.21(1);
natural stone means—
(a) any variety of non-fabricated, naturally occurring stone or rock; or
Part Part 9 - Shire of Dardanup Parking Local Law 2022 - OFFENCES AND MODIFIED PENALTY | Zoe
30 November 2022 GOVERNMENT GAZETTE, WA 5560
(b) any fabricated compound or fabricated aggregate which, in the opinion of the Board, has
similar durability and aesthetic qualities as the materials specified in paragraph (a)
above, suitable for decorative purposes and monumental sculpture and includes granite,
but not porcelain, ceramics or any pottery;
plant includes trees, shrubs, annuals and perennials;
personal representative means the administrator or executor of an estate of a deceased person;
set fee means a fee or charge 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 a cemetery a funeral of a person named in the permit;
standard grave means a grave which does not exceed any of the following dimensions: 2m long,
1.2m wide and 2.1m deep;
utility services means municipal or public services and include the supply of water, electrical
power, gas and refuse, building waste and sewerage disposal services;
vault means a below ground lined grave or burial chamber with one or more sealed compartments;
and
vehicle includes every conveyance and every object capable of being propelled or drawn on wheels,
tracks or otherwise (and includes a bicycle and a skateboard).
1.5 Interpretation
In this local law—
(a) a reference to an application, approval, consent or permission means a written application,
approval, consent or permission; and
(b) a reference to a person does not include the Board.
The Shire of Dardanup Cemeteries Local Law 2014 published in the Government Gazette on 27 June
2014 is repealed.
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 all cemeteries.
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 and placement of ashes;
(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 a cemetery to which different requirements for memorials
apply; and
(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.
(2) The Board may from time to time vary the boundaries of any area referred to in subclause (1).
(3) The plans referred to in subclause (1) shall be open for inspection by members of the public during
normal office hours of the Board.
PART 3—APPLICATION FOR FUNERALS
3.1 Application for burial
(1) A person may apply for approval to bury a dead body in a cemetery in the form determined by the
Board from time to time.
(2) An application under subclause (1) shall be accompanied by the set fee.
3.2 Applications to be accompanied by certificates etc
(1) An application under clause 3.1 shall be accompanied by a certificate issued under clause 3.3, in
respect of the dead body.
(2) The Board may require that an application under clause 3.1 be accompanied by either a medical
certificate of death or a Coroner’s order of burial, in respect of the dead body.
3.3 Certificate of identification
(1) After a dead body is placed in a coffin and prior to the dead body being removed to a 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.
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(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
An application to hold a funeral shall be made with the Board at least two business days prior to the
day proposed for burial, otherwise an extra charge may be made.
3.5 Fixing times for funerals
(1) On receipt of a properly completed application form and the satisfaction of all other requirements of
the Act and this local law, the Board may—
(a) fix a time for the funeral; and
(b) dig or re-open any grave that is required.
(2) The time fixed for a funeral is at the discretion of the Board but subject to this Part will be as near
as possible to the time requested by the applicant.
3.6 Times for burials
A person shall not carry out a burial—
(a) on a Saturday, a Sunday or a public holiday; or
(b) at any time other than between the hours 9:00am to 3:00pm, except with the permission of the
Board or an authorised person.
PART 4—FUNERAL DIRECTORS AND PERMIT HOLDERS
4.1 Funeral director’s licence expiry
A funeral director’s licence shall expire on 30 June in each year.
4.2 Single funeral permits
An 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.
4.3 Application refusal
The Board may refuse an application for a single funeral permit if, in the opinion of the Board, either
the coffin specifications or the details of the vehicle transporting the dead body to the gravesite are not
structurally sound or are otherwise inadequate or inappropriate, or on any other grounds.
PART 5—FUNERALS
5.1 Requirements for funerals and coffins
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 in accordance with Part
3 of this local law;
(b) it is enclosed in a coffin which in the opinion of the Board is leak proof, structurally sound and
bears the name of the deceased person indelibly inscribed in legible characters on a plate
properly affixed in a clearly visible position on the exterior of the coffin; and
(c) under the plate referred to in paragraph (b) there is s substantive lead strip bearing the
surname of the deceased person stamped in legible characters, each character being not less
than 10mm in height, for burial with the dead body.
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 entry restricted
(1) Subject to clause 5.3(2), a funeral procession shall enter by the principal entrance of the cemetery,
and no vehicle shall enter the cemetery except—
(a) the hearse;
(b) official mourning coaches;
(c) a vehicle carrying or transporting a person with a disability;
(d) a device or equipment used to transport, carry or handle a coffin; and
(e) a pram, baby carriage, stroller or a similar device.
(2) This clause does not apply to a vehicle approved by the CEO or an authorised person.
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5.4 Vehicle access and speed limitation
(1) A person shall drive or ride a vehicle only on a vehicular access way or the constructed roadway or
other areas designated for the use of vehicles within the cemetery, unless otherwise authorised by the
CEO.
(2) A person driving or riding a vehicle in an area within a cemetery—
(a) shall not exceed the speed limit designated by a sign applying to that area; and
(b) shall comply with the signs and directions applying to that area.
5.5 Offenders may be ordered to leave
(1) A person committing an offence under clause 5.4 may be ordered to leave the cemetery by the CEO
or an authorised person.
(2) A person who has been ordered to leave the cemetery by the CEO or an authorised person is to leave
immediately in a peaceful manner and not cause a disruption or be a nuisance to the funeral
congregation or ceremony or procession.
5.6 Conduct of funeral by the Board
When conducting a funeral, or for the purposes of deciding whether to conduct a funeral, under section
22 of the Act the Board may—
(a) require a written request for it to conduct a funeral to be lodged with it;
(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) specify an area in the cemetery where the dead body is to be buried or the ashes placed;
(e) bury the dead body;
(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 the
funeral by it.
Division 2—Placement of Ashes
5.7 Disposal of ashes
(1) Except in accordance with an approved application under this clause, a person shall not bring or
dispose of the ashes of a deceased person in a cemetery.
(2) A funeral director or the personal representative of a deceased person whose body has been cremated
may apply to the Board for permission to dispose of the ashes of that deceased person in a cemetery by
one of the following methods, if that method is available—
(a) placed in a niche wall;
(b) placed under a family tree or shrub;
(c) placed under a bench seat;
(d) placed in a grave, vault or mausoleum;
(e) scattered in an area approved by the Board;
(f) placed in a memorial garden; or
(g) placed in or under other memorials approved by the Board
(3) An application under subclause (2) shall be in writing and shall be accompanied by payment of the
set fee.
(4) The CEO or an authorised person may require a person making an application under subclause (2)
to provide additional information reasonably related to the application before determining the
application.
(5) The CEO or an authorised person may—
(a) approve an application under subclause (2) unconditionally or subject to any conditions; or
(b) refuse to approve an application under subclause (2).
(6) Where an application under subclause (2) has been approved subject to conditions, the applicant
must comply with each of those conditions, as amended.
(7) If the CEO or an authorised person refuses to approve an application under subclause (2), he or she
is to give written notice of that refusal to the applicant.
PART 6—BURIALS
6.1 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 an authorised person.
(2) The permission of the authorised person in subclause (1) shall not be granted unless in the opinion
of the authorised person, exceptional circumstances require granting of that permission.
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6.2 Preparation of graves
A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of an
authorised person.
6.3 Depth of graves
(1) A person shall not bury a dead body within a cemetery so that the distance from the top of the dead
body to the original surface of the ground is—
(a) subject to paragraph (b), less than 1600 mm, unless that person has the permission of an
authorised person; or
(b) in any circumstances less than 750 mm.
(2) The permission of the authorised person in subclause (1)(a) shall not be granted unless, in the
opinion of the authorised person, exceptional circumstances require granting of that permission.
6.4 Vaults and Mausoleums
(1) A person shall not construct a vault or mausoleum within a cemetery.
(2) A person may request the Board to construct a vault or mausoleum within a cemetery.
(3) A person may construct a vault or mausoleum if authorised by the Board.
(4) A vault or mausoleum within a cemetery shall at all times remain the property of the Board.
(5) An application under subclause (2) shall be in writing and shall be accompanied by payment of the
set fee.
(6) The CEO or an authorised person may require a person making an application under subclause (2)
to provide additional information reasonably related to the application before determining the
application.
(7) The CEO or an authorised person may—
(a) approve an application under subclause (2) unconditionally or subject to any conditions; or
(b) refuse to approve an application under subclause (2).
(8) Where an application under subclause (2) has been approved subject to conditions, the applicant
must comply with each of those conditions, as amended.
(9) If the CEO or an authorised person refuses to approve an application under subclause (2), he or she
is to give written notice of that refusal to the applicant.
(10) A person shall not place a dead body in a vault or mausoleum except—
(a) in a closed coffin;
(b) in a soundly constructed and sealed chamber; and
(c) in accordance with subclause (11).
(11) The number of burials in a chamber must not exceed the number for which the chamber was
designed.
PART 7—MEMORIALS AND OTHER WORK
7.1 Application for memorial
The Board may require the consent of the holder of the right of burial of the grave to accompany an
application under section 30 of the Act.
7.2 Placement of memorial
Subject to Division 3 of this Part, a memorial shall be placed on proper and substantial foundations.
7.3 Removal of rubbish
All refuse, rubbish or surplus material remaining after memorial works are completed under a
permission given under section 30 of the Act shall be immediately removed from the cemetery by the
person carrying out the works.
7.4 Operation of work
All material required in the placement, erection or alteration of any memorial work shall, as far as
possible, be prepared before being taken to the cemetery, and all materials required by tradesmen shall
be admitted at such entrance as the CEO or an authorised person shall direct.
7.5 Removal of sand, soil or loam
A person shall not, without the consent of the Board—
(a) take sand, gravel, stone, timber, trees or other material from a cemetery for use in connection
with the placement, erection or alteration of any memorial or other work; or
(b) subject to clause 7.3, remove or cause to be removed from a cemetery any sand, gravel, stone,
timber, trees, shrubs, grass or other material.
7.6 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;
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(b) other than between the hours of 8.00am and 5.00pm on a business day; or
(c) other than between the hours of 8.00am and 1.00pm on a Saturday.
7.7 Unfinished work
A mason or other person who does not complete any work before 5.00pm on a business day shall leave
the work in a neat and safe condition to the satisfaction of the CEO or an authorised person.
7.8 Use of wood
No wooden fence, railing, cross or other wooden erection shall be allowed on or around a grave, other
than as a temporary marker or with the permission of an authorised person.
7.9 Plants and trees
A plant or tree shall not be planted on any grave or within the cemetery except in accordance with an
approval by the CEO.
7.10 Supervision
All workers, whether employed by the Board or by any other person, shall at all times while within the
boundaries of the cemetery be subject to the supervision of the CEO or an authorised person and shall
obey any directions of the CEO or an authorised person.
7.11 Australian War Graves
Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves—
(a) may place a memorial on a military grave; and
(b) is not required to pay the set fee for any memorial that is placed on a military grave.
7.12 Placing of glass domes and vases
A person shall not place a glass dome, vase or other grave ornament—
(a) outside the perimeter of a grave as defined in the plans kept and maintained under section
40(2) of the Act; or
(b) on the lawn in an area set aside by the Board as a lawn section.
Division 2—Types of memorials permitted in different areas of a cemetery
7.13 Determination of types of memorials permitted in different areas of a cemetery
(1) The Board may by resolution determine the types of memorials permitted in a cemetery and may
impose different requirements for different areas of a cemetery.
(2) Prior to a proposed determination under this clause 7.13 being made—
(a) there will be a public submission period of at least 21 days; and
(b) all submissions will be duly considered.
(3) Where the Board makes a determination under subclause (1), the CEO must give local public notice
to give effect to the determination.
(4) A proposed determination is to have effect as a determination on and from the date of publication.
(5) A determination made under this clause 7.13 shall be recorded in a publicly accessible register of
determinations that must be maintained by the Board.
(6) The determinations in Schedule 2—
(a) are to be taken to have been made in accordance with clause 7.13;
(b) may be amended or revoked in accordance with clause 7.15; and
(c) have effect on the day on which this local law commences under clause 1.3.
(7) Notwithstanding clause 2.1, any determination made under this clause must be made by the Board
and not delegated.
7.14 Memorials to be placed or erected in accordance with determination
The Board may refuse an application under section 30 of the Act if the type or location of the memorial
applied for is not in accordance with a determination.
7.15 Amendment or revocation of determination
(1) The Board may amend or revoke a determination.
(2) The provisions of clauses 7.13(3), (4) and (5) are to apply to an amendment of a determination as if
the amendment were a proposed determination.
(3) If the Board revokes a determination, the CEO is to give local public notice of the revocation and the
determination is to cease to have effect on the date of publication.
Division 3—Specifications and materials for memorials
7.16 Specification of a monument
(1) A monument in a cemetery shall—
(a) be made of natural stone;
(b) be placed on a base of natural stone;
(c) comply with the following specifications—
(i) unless a greater height is approved by the CEO, the overall height of a monument above
the original surface of the grave shall not exceed 1.2m;
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(ii) the height of the base of the monument above the original surface of the grave shall not
be less than 150 mm nor more than 450 mm;
(iii) the width of the base of the monument shall not exceed 1.2m;
(iv) the length of the base of the monument shall not exceed 2.4m; and
(v) the depth of the base of the monument shall not exceed 300 mm; and
(d) have foundations extending to the bottom of the grave unless concrete beam foundations are
approved by the Board.
(2) Subject to subclause (3) a memorial plaque may be attached to a monument that has been or is being
erected.
(3) The provisions of clause 7.18 apply to a memorial plaque that is attached to a monument.
7.17 Specification of a headstone
(1) A headstone shall—
(a) be made of natural stone;
(b) be placed on a base of natural stone;
(c) comply with the following specifications—
(i) the height of the base of the headstone above the highest point of the original surface of
the grave shall not be less than 150 mm nor more than 200 mm;
(ii) the overall height of the headstone, including the base, shall not exceed 1.2m;
(iii) the length of the base of the headstone measured across the width of the grave shall not
exceed 1m;
(iv) the width of the base of the headstone shall not exceed 300mm; and
(v) that part of a headstone above its base shall not extend horizontally beyond that base.
(d) have foundations extending to the bottom of the grave unless concrete beam foundations are
approved by the Board.
(2) Subject to subclause (3) a memorial plaque may be attached to a headstone erected or being erected
within a cemetery.
(3) The provisions of clause 7.18 apply to a memorial plaque that is attached to a headstone.
7.18 Specification of a memorial plaque
(1) A memorial plaque placed in a cemetery shall—
(a) be made of admiralty bronze or any other material approved by the Board;
(b) if placed on a monument or headstone—not be less than the dimensions 140 mm width x 117
mm height, nor more than 560 mm width x 305 mm height; and
(c) if placed on any other memorial or in any other section of a cemetery—comply with the relevant
specification in Schedule 2 relating to that section of the cemetery.
(2) A memorial plaque—
(a) made of admiralty bronze shall not exceed 20 mm in thickness;
(b) made of stone shall not exceed 50 mm in thickness; and
(c) shall be placed upon a standard concrete plinth with the relevant specification in Schedule 2
or a base mounting approved by the Board.
7.19 Display of trade names on memorials not allowed
A person shall not display any trade names or marks on a memorial.
Division 4—Licensing of Monumental Masons
7.20 Monumental mason’s licence
(1) The Board may on receipt of an application by any person and on payment of the set fee issue to the
applicant a monumental mason’s licence.
(2) A licence issued under subclause (1) authorises the holder to carry out monumental works within a
cemetery subject to the provisions of this local law and such conditions as the Board specifies on the
licence.
7.21 Expiry date, non-transferability
A monumental mason’s licence—
(a) is valid from the date specified on the licence until 30 June next following; and
(b) is not transferable.
7.22 Carrying out monumental work
A person shall not carry out monumental work within the cemetery unless that person—
(a) is the holder of a current monumental mason’s licence;
(b) is an employee of a person who holds such a licence; or
(c) is authorised by the Board to do so.
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7.23 Responsibilities of the holder of a monumental mason’s licence
A holder of a monumental mason’s licence shall be responsible for the compliance by every person
purporting to be authorised to carry out monumental works within a cemetery pursuant to that licence
with all the requirements and conditions of the licence, this local law, the Act and any other written
law which may affect the carrying out of monumental works.
7.24 Cancellation of a monumental mason’s licence
(1) The Board may, by notice in writing to the holder of a monumental mason’s licence, terminate the
licence on any of the following grounds—
(a) that the holder of the licence has committed a breach of the requirements or conditions of the
licence, this local law, the Act or any other written law which may affect the carrying out of
monumental works; or
(b) that the holder of the licence has purported to transfer the licence issued to that holder.
(2) Upon the termination of a monumental mason’s licence under this clause no part of any fee paid for
the issue of that licence is refundable by the Board.
7.25 Application for single monumental work permit
(1) The Board may on receipt of an application by a person in the form prescribed and on payment of a
set fee, issue to an applicant a single monumental work permit authorising the holder to place a
monument within a cemetery subject to such conditions as the Board specifies on the permit.
(2) An application for a single monumental work permit under subclause (1) shall include an application
for a monumental work in the form prescribed.
7.26 Numbering of graves
A person shall not carry out monumental work on a grave unless the number of that grave is, depending
on the area where the grave is located, indelibly and legibly inscribed either on the base of the head of
the monument or on the base of the headstone, or if this is not practicable, on the kerbing at the foot of
the grave.
PART 8—GENERAL
8.1 Animals
(1) Subject to subclause (2), a person shall not bring an animal, or the carcass or remains of a deceased
animal, into a cemetery or permit an animal to enter or remain in a cemetery, other than with the
approval of the CEO or an authorised person.
(2) Subclause (1) shall not apply to an assistance animal providing assistance to a person with a
disability or alleviating the effect of a disability.
8.2 Utility services
(1) A person shall not—
(a) connect any device or equipment to any utility services supplied on or at a cemetery; or
(b) alter or interfere with utility services infrastructure located in a cemetery,
other than with the approval of the CEO or an authorised person.
(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.
8.3 Damaging and removing of objects
Subject to clause 8.4, a person shall not damage, remove or pick any plant in a cemetery or any other
object or thing on any grave or memorial or any property of the Board without the permission of the
Board.
8.4 Withered flowers
A person may remove withered flowers from a grave or memorial and these are to be placed in a
receptacle provided by the Board for that purpose.
8.5 Littering
A person shall not—
(a) break or cause to be broken any glass, ceramic or other material in a cemetery; or
(b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in a
cemetery other than in a receptacle provided for that purpose.
8.6 Signs, advertising and vending
(1) A person shall not place or display any sign, advertisement or fixture of any nature, other than an
approved memorial a cemetery, except with the permission of the Board.
(2) A person shall not advertise or carry on any trade, business or profession in the cemetery without
the approval of the Board.
(3) The Board may consider and grant approval subject to such conditions as the Board thinks fit.
8.7 Board may close a cemetery
The Board may—
(a) close a cemetery or any part of it;
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(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 the cemetery;
(iii) public safety; or
(iv) other operational reasons.
8.8 Obeying signs and directions
(1) The Board may display, mark, place or erect a sign within the cemetery specifying any conditions
relating to the use of the cemetery.
(2) A person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery
and any other lawful direction by the CEO or an authorised person.
8.9 Removal from the 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, the CEO or an authorised person is inappropriate in the cemetery may in
addition to any penalty provided by this local law be ordered to leave the cemetery by the Board, the
CEO or an authorised person.
(2) A person whom an order under sub clause (1) is given by the CEO or an authorised person is to leave
immediately in a peaceful manner and not cause a disruption or be a nuisance to the funeral
congregation or ceremony or procession.
8.10 Board may enter into an agreement for maintenance
The Board may enter into an agreement with the holder of a right of burial for the maintenance of an
area of a cemetery at the expense of the holder.
PART 9—OFFENCES AND MODIFIED PENALTIES
9.1 General
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 $500.00 and if the offence is a continuing one to a further
penalty not exceeding $20.00 for every day or part of a day during which the offence has continued.
9.2 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 prescribed form of the infringement notice referred to in Section 63(1) of the Act is set out in
Schedule 3.
(4) The prescribed form of the notice withdrawing an infringement notice referred to in Section 63(3) of
the Act is set out in Schedule 4.
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