Public Places and Local Government Property Local Law 2018
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Public Places and Local Government Property Local Law 2018
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3134 GOVERNMENT GAZETTE, WA 4 September 2018 (ii) if a backing plate with multiple plaques attached—multiple plaques to be not more than 2 plaques wide subject to allowing a 10mm border and a maximum of 10mm between plaques; and (iii) all measurements to be within 5mm; and (b) be placed in such a manner and in a position approved by the Board. (4) Upon application, the Board may permit an exemption from any of the requirements of subclause (3)(a) but shall not delegate the decision to permit an exemption to the CEO. 7.6 Specification for gravesite fencing Any fencing used as a memorial or part of a memorial shall— (a) be a picket fence made of white powder coated aluminium or other materials approved by the Board; (b) have concrete foundations not less than 250mm square and 750mm deep not more than 1200mm apart, or concrete beam foundations approved by the Board; (c) unless otherwise approved by the Board, comply with the following specification— (i) in length, not be more than 2400mm in length, nor less than 900mm; (ii) in width, not be more than 1200mm in width, nor less than 900mm; and (iii) in height, not less than 450mm, nor more than 550mm from the original surface of the grave. 7.7 Display of trade names on memorials not allowed A person shall not display any trade names or marks on a memorial. 7.8 Use of wood No wooden fence, railing or construction other than a cross, shall be allowed on or around a grave, other than as a temporary marker or with the permission of the Board. PART 8—MEMORIALS AND OTHER WORK 8.1 Carrying out memorial work (1) A person shall not carry out memorial work within a cemetery unless that person is authorised by the Board to do so under clause 6.1. (2) All material required in the erection and completion of any memorial work shall be prepared before being taken to a cemetery. (3) The Board may place restrictions on the hours of work, access to a cemetery or other matters considered appropriate. (4) Memorial works shall be suspended during the conduct of any funeral within a cemetery. (5) Work is not permitted to be left unattended in an untidy or unsafe state. 8.2 Removal of sand, soil or loam No sand, earth or other material shall be taken from any part of a cemetery for use in the construction of any memorial or other work, or cause any material to be removed from a cemetery except with the written approval of the Board. 8.3 Removal of rubbish All refuse, rubbish or surplus material remaining after approved memorial works are completed shall be immediately removed from a cemetery by the person carrying out the same. 8.4 Plants and trees No trees or shrubs shall be planted on any grave or within a cemetery except such as shall be 8.5 Supervision All workers, whether employed by the Board or by any other person, shall at all times while within the boundaries of a cemetery be subject to the supervision of the Board and shall obey any directions of the Board. 8.6 Placing of grave ornaments (1) A person shall not place vases or other grave ornaments— (a) outside the perimeter of a grave in a cemetery as defined in the plans kept and maintained under section 40(2) of the Act; or (b) outside of an area set aside by the Board as a memorial plaque section. (2) The use of glass, porcelain, ceramics or pottery is not permitted, other than that already in place at commencement of this local law. 8.7 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; or (b) other than between the hours of 8:00 am and 5:00 pm on a business day.
4 September 2018 GOVERNMENT GAZETTE, WA 3135 8.8 Unfinished work A person who does not complete any work before 5:00 pm on a business day shall leave the work in a neat and safe condition to the satisfaction of the Board. PART 9—GENERAL 9.1 Vehicle access and speed limitation (1) A person must only drive a vehicle on a vehicular access way or the constructed roadway or other areas designated for the use of vehicles within a cemetery, unless otherwise authorised by the Board. (2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 20km per hour, and shall comply with the signs and directions in the cemetery. 9.2 Assistance animals This local law is subject to any written law and law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2). 9.3 Utility services (1) Other than with the approval of the Board, 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 the cemetery. (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. 9.4 Damaging and removing of objects Subject to clause 9.5, a person shall not damage, remove or pick any tree, plant, shrub or flower in a cemetery or any other object or thing on any grave or memorial or which is the property of the Board without the permission of the Board. 9.5 Withered flowers A person may remove withered flowers from a grave or memorial and these are to be disposed of in an appropriate manner. 9.6 Littering and vandalism A person shall not— (a) damage, deface or interfere with any monument or gravesite in any manner whatsoever; (b) break or cause to be broken any glass, ceramic or other material in or upon a cemetery; or (c) discard, deposit, leave or cause to be discarded, deposited or leave any refuse or litter in a cemetery other than in a receptacle provided for that purpose. 9.7 Advertising (1) A person shall not advertise or carry on any trade, business or profession in a cemetery without the approval of the Board. (2) Upon payment of the set fee, the Board may consider and give approval subject to such conditions as the Board thinks fit. 9.8 Signs and directions of the Board (1) The Board may display, mark, place or erect a sign within a cemetery specifying conditions relating to the use of that cemetery. (2) A person shall obey all signs displayed, marked, placed or erected by the Board within a cemetery and any other lawful direction by the Board. 9.9 Removal from a 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 is inappropriate in a cemetery may in addition to any penalty provided by this local law be ordered to leave the cemetery by an authorised person. (2) A person to whom an order under subclause (1) is given must comply with that order. 9.10 Board may close cemetery The Board may— (a) temporarily close a cemetery or any part of it; (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 a cemetery; (iii) public safety; or (iv) other operational reasons.