Shire of Esperance Dog Local Law 2024
Part 6BURIALS
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PART 6—BURIALS 6.1 Depth of graves (1) A person shall not bury a coffin within the cemetery so that the distance from the top of the coffin to the original surface of the ground is— (a) subject to paragraph (b), less than 750mm, unless that person has the permission of an authorised officer; or (b) in any circumstances less than 600mm. (2) The permission of the authorised officer in subclause (1)(a) will only be granted where in the opinion of the authorised officer exceptional circumstances require granting of that permission. 6.2 Re-opening a grave (1) Subject to subclause (2), if for the purpose of a re-opening a grave in a cemetery the Board finds it necessary to remove a monument, edging, titles, plants, grasses, shrubs or other like matter from the grave, then a person ordering a re-opening of that grave shall bear the cost of the removal and any necessary reinstatement. (2) If a Minister orders the exhumation of a body in accordance with section 58 of the Act, then the Minister may further order how and by whom the costs referred to in subclause (1) shall be met. 6.3 Disinterring a coffin (1) Subject to subclause (2), a person shall not disinter a coffin in a cemetery for the purposes of reburial within twelve (12) months after the date of its interment. (2) Subclause (1), shall not apply where the coffin is disinterred for the purposes of an exhumation of a dead body and the exhumation is ordered or authorised pursuant to the Act. 6.4 Exhumation A person shall not disinter a coffin in a cemetery for exhumation of a dead body unless— (a) the exhumation is ordered or authorised pursuant to the Act; or (b) a holder of a grant of right of burial has applied in writing to the Board requesting the exhumation and the Board has authorised the exhumation. 6.5 Opening a coffin A person shall not open a coffin in a cemetery unless— (a) the coffin is opened for the purposes of an exhumation of a dead body; or (b) that person has produced to the Board an order signed by the Commissioner of Police and the Board has approved the opening of that coffin.