Shire of Morawa Public Places and Local Government Property Local Law 2018
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Shire of Morawa Public Places and Local Government Property Local Law 2018
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4470 GOVERNMENT GAZETTE, WA 13 November 2018 5.8 Requirements for opening of coffin or removal of shroud A person shall not open a coffin or remove a shroud in a cemetery unless— (a) the coffin is opened or shroud removed for the purposes of the exhumation of a dead body; or (b) that person has produced to the Board an order signed or authorised pursuant to the Act and an authorised person has approved the opening of that coffin or removal of the shroud. 5.9 Ashes not to be held by the Board The Board shall not accept custody of ashes of a deceased person. PART 6—APPLICATIONS FOR MEMORIALS 6.1 Application to place memorial (1) Upon payment of the set fee, the Board may approve an application to place a memorial with or without conditions, including restricting use of materials such as wood, dimensions of a memorial etc, so as not to detract from the amenity of a cemetery. (2) The Board may require the written consent of the holder of the grant of right of burial of the grave, the personal representative of a deceased person, or other person to the satisfaction of an authorised person to accompany an application for a memorial made under section 30 of the Act. (3) Where written consent is not able to be produced, the Board may approve with or without conditions or decline an application in its absolute discretion. (4) If the Board refuses to approve an application under subclause (2), written notice of that refusal is to be provided to the applicant. 6.2 Australian War Graves Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves— (a) may place a complying memorial on a military grave; and (b) is not required to pay the set fee for any memorial that is placed upon a military grave. PART 7—MEMORIALS PERMITTED 7.1 Limitation on dimensions of memorials (1) No part of a memorial, including any grave cover, kerbing, boundary marker or enclosure is to extend beyond the dimensions of a standard grave. (2) No part of a monument above its base shall extend horizontally beyond its base. (3) Notwithstanding subclause (1), on request of the personal representative, the Board may approve a memorial over adjoining multiple gravesites— (a) where the persons interred are of the same family; or (b) for another acceptable reason. 7.2 Specification for monument approved material means— (a) any variety of non-fabricated, naturally occurring stone or rock; (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 but not glass, porcelain, ceramics or any pottery; or (c) other material as approved by the Board. (2) A monument in a cemetery— (a) shall be made of approved material; (b) shall be placed on a base of approved material; (c) the portion not being a grave cover, shall comply with the following specifications— (i) unless a greater height is approved by the Board, the overall height of a monument above the original surface of the grave shall not exceed 1200 millimetres; (ii) the height of the base of the monument above the original surface of the grave shall not be less than 150 millimetres nor more than 450 millimetres; (iii) the width of the base of the monument shall not exceed 1200 millimetres; and (iv) the length of the base of the monument measured along the length of the grave shall not exceed 600 millimetres; (d) the portion being a grave cover, shall comply with the following specifications (i) unless a greater height is approved by the Board, the overall height of a monument above the original surface of the grave shall not exceed 300 millimetres; (ii) the width of the grave cover shall not exceed 1200 millimetres; and (iii) the length of the grave cover shall not exceed 2400 millimetres; and (e) shall have foundations extending to a depth of 1000 millimetres unless concrete beam foundations are approved by the Board.
13 November 2018 GOVERNMENT GAZETTE, WA 4471 (3) Subject to subclause (2) a memorial plaque may be attached to a monument that has been or is being erected. (4) The provisions of clause 7.5 apply to plaques that are attached to a monument. 7.3 Specification for headstone approved material means— (a) any variety of non-fabricated, naturally occurring stone or rock; (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 but not glass, porcelain, ceramics or any pottery; or (c) other material as approved by the Board. (2) A headstone shall— (a) be made of approved material; (b) be placed on a base of approved material; (c) comply with the following specifications— (i) be placed on proper and substantial foundations extending to a depth of 1000 millimetres unless concrete beam foundations are provided; (ii) 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 millimetres nor more than 200 millimetres; (iii) the overall height of the headstone, including the base, shall not exceed 1200 millimetres; (iv) the length of the base of the headstone measured across the width of the grave shall not exceed 1200 millimetres; (v) the width of the base of the headstone measured along the length of the grave shall not exceed 300 millimetres; and (vi) no part of a headstone above its base shall extend horizontally beyond that base; and (d) have foundations extending to the bottom of the grave unless concrete beam foundations are approved by the Board. (3) Subject to subclause (2) a memorial plaque may be attached to a headstone erected or being erected within a cemetery. (4) The provisions of clause 7.5 apply to plaques that are attached to a headstone. 7.4 Specification for memorial plaque base (1) A memorial plaque base shall— (a) have the following dimensions— (i) at ground level of 85 millimetres wide; and 105 millimetres long; (ii) front elevation of 30 millimetres; (iii) back elevation of 85 millimetres; and (iv) all measurements to be within 5 millimetres; (b) be constructed of materials approved by the Board; (c) be in a position approved by the Board; and (d) have foundations as approved by the Board. (2) The provisions of clause 7.5 apply to plaques that are attached to a memorial plaque base. (3) Upon application, the Board may permit an exemption from any of the requirements of subclause (1)(a), but shall not delegate the decision to permit an exemption to the CEO. 7.5 Specification for memorial plaque (1) A memorial plaque shall be made of— (a) admiralty bronze not exceeding 20 millimetres in thickness; (b) polished or brushed stainless steel not exceeding 8 millimetres in thickness; (c) stone, and— (i) if placed upon a headstone, monument or memorial plaque base, shall not exceed 50 millimetres in thickness; or (ii) if it is not to be placed upon a headstone, monument or memorial plaque base, shall not be less than 100 millimetres in thickness; or (d) other material approved by the Board. (2) A memorial plaque placed on a monument, headstone or other item shall not extend beyond the physical dimensions of the monument, headstone or other item on which it is affixed. (3) A memorial plaque to be placed on a commemorative wall shall— (a) individual plaques—to be of a size and appearance consistent with other memorial plaques used in that location or for that purpose, as determined by the Board;