Part 5INTERMENTS

PART 5—INTERMENTS 5.1 Requirements for burials 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 clause 3.1; (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 properly affixed in a clearly visible position on the lid of the coffin; 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 10 mm in height. 5.2 Preparation of graves (1) A person shall not dig or prepare a grave or fill a grave, unless that person has the permission of the Board. (2) Regardless of prior grant of right of burial under clause 2.3 or gravesite approved upon application made under clause 3.1, the Board may direct the digging or preparation of a grave in an alternate position, where— (a) evidence of a prior interment is found, or known to have occurred; (b) access to the position is constrained; (c) the digging or preparation of the grave is unreasonably difficult; or (d) utility services may be interfered with. (3) Where an alternative position for the grave is directed under subclause (2), the Board is to advise the funeral director immediately. 5.3 Dimensions of graves (1) A person shall not bury a dead body in the cemetery other than in a standard grave, unless that person has the permission of the CEO. (2) Every grave prepared by the Board shall be dug at least 1.8m deep and shall not exceed 2.3m in depth, unless otherwise determined by the Board. (3) A person shall not bury a dead body 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 1600mm, unless that person has the permission of the CEO; or (b) in any circumstances less than 750mm. (4) The permission of the Board in subclause (3) shall not be granted unless in the opinion of the CEO exceptional circumstances require granting of that permission. 5.4 Ashes not to be held by the Board The Board shall not accept custody of ashes of a deceased person. 5.5 Disposal of ashes (1) Except in accordance with an approved application under clause 3.2, a person shall not bring or dispose of the ashes of a deceased person in the cemetery. (2) A funeral director, the personal representative of a deceased person whose body has been cremated, or other person approved by the CEO, may apply to the Board for permission to dispose of the ashes of that deceased person in the cemetery by one of the following methods, if that method is available— (a) placed in a niche wall;

10 November 2022 GOVERNMENT GAZETTE, WA 5299 (b) placed in a grave, vault or mausoleum subject to the appropriateness of the interment as determined by the Board; (c) scattered in an area approved by the Board; (d) placed in a memorial garden; or (e) placed in or under other memorials approved by the Board. (3) The Board may require a person making an application under subclause (2) to provide additional information reasonably related to the application before determining the application. (4) The Board may— (a) approve an application under subclause (2) unconditionally or subject to any conditions; or (b) refuse to approve an application under subclause (2). (5) Where an application under subclause (2) has been approved subject to conditions, the applicant must comply with each of those conditions, as amended. (6) If the Board refuses to approve an application under subclause (2), written notice of the refusal is to 5.6 Vaults and mausoleums (1) A person shall not construct a vault or mausoleum within the cemetery, except with the specific approval of the Board. (2) A vault or mausoleum within the cemetery shall at all times remain the property of the Board. (3) An application under subclause (1) shall be in writing and shall be accompanied by payment of the set fee. (4) The Board may require a person making an application under subclause (1) to provide additional information reasonably related to the application before determining the application. (5) The Board may— (a) approve an application under subclause (1) unconditionally or subject to any conditions; or (b) refuse to approve an application under subclause (1). (6) Where an application under subclause (1) has been approved subject to conditions, the applicant must comply with each of those conditions, as amended. (7) If the Board refuses to approve an application under subclause (1), written notice of that refusal is to be provided to the applicant. (8) 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 (9). (9) The number of burials in a chamber must not exceed the number for which the chamber was designed. 5.7 Re-opening a grave (1) A person shall not reopen a grave without the approval of the Board. (2) If for the purpose of re-opening a grave in the cemetery, the Board finds it necessary to remove plants, grass, shrubs or other like matter from the grave, then the person ordering the re-opening of that grave shall bear the cost of the removal and any necessary reinstatement. 5.8 Exhumation of a coffin (1) Subject to subclause (2), a person shall not exhume a coffin in the cemetery for the purposes of reburial within 12 months after the date of its interment. (2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act. (3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant of right of burial must have applied in writing to the CEO requesting the exhumation and the CEO has authorised the exhumation. 5.9 Opening of coffin A person shall not open a coffin in the cemetery unless— (a) the coffin is opened for the purposes of the exhumation of a dead body; or (b) that person has produced to the CEO an order signed by the Commissioner of Police and the CEO has approved the opening of that coffin.