Cemeteries Act 1986 (WA)

Western Australia Cemeteries Act 1986 Western Australia Cemeteries Act 1986 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part II — Cemeteries 4. Declaration and closure of cemeteries 1 5. Vesting of management of cemetery 1 6. Local governments to perform functions of Board 1 Part III — Establishment and constitution of Boards 7. Establishment of Boards 1 8. Constitution of Boards 1 9. Remuneration and allowances of members 1 10. Appointment of staff 1 Part IV — Burials and conduct of funerals Division 1 — Burials of dead bodies 11. Burials to be in cemeteries or as authorised by Minister 1 12. Minister may authorise burial 1 13. Delegation 1 Division 2 — Conduct of funerals 14. Conduct of funerals 1 15. Ministers of religion and religious ceremonies 1 Division 3 — Licensing of funeral directors 16. Licences 1 17. Applications for licences 1 18. Suspension and cancellation of licences 1 19. Application for review of decisions of Board 1 Division 4 — Conduct of funerals by permit holders and Boards 20. Single funeral permits issued to persons other than funeral directors 1 21. Single funeral permits issued to funeral directors 1 22. Board may conduct funeral 1 Part V — Management of cemeteries Division 1 — Layout and management of cemeteries 23. Setting apart areas for religious denominations 1 24. Management of cemeteries 1 Division 2 — Rights of burial 25. Grant of right of burial 1 26. Transfer of right of burial 1 27. Protection of right of burial 1 28. Surrender of right of burial 1 Division 3 — Control of memorials and other works 29. Control of memorials 1 30. Permission for memorials 1 31. Removal or alteration of unauthorised memorial 1 32. Removal or alteration of memorial in disrepair 1 33. Preservation of graves etc. 1 34. Permission for denominational chapel 1 Division 4 — Redevelopment schemes 35. Implementation of redevelopment scheme 1 36. Required action before implementation of redevelopment scheme 1 37. Submissions 1 38. Register concerning redevelopment area 1 39. Memorials in redevelopment area 1 Division 5 — Registers 40. Board to maintain registers and plans 1 41. Registers available for inspection 1 42. Register to be evidence of burials 1 Part VI — Management of closed cemeteries 43. Vesting control of closed cemetery 1 Part VII — Financial provisions 44. Application 1 45. Funds of Board 1 46. Establishment of accounts 1 47. Authorised expenditure 1 48. Estimates 1 49. Borrowing 1 50. Banking and investment 1 51. Financial statements 1 52. Audit 1 53. Fees and charges 1 Part VIII — Local laws, by‑laws and regulations 54. Procedure for local laws and by‑laws 1 55. Local laws and by‑laws 1 56. Model local laws 1 56A. Governor may amend or repeal local laws or by‑laws 1 57. Regulations 1 Part IX — Miscellaneous 58. Minister may order exhumation 1 59. Board may authorise exhumation and re‑burial 1 60. Power to lease or take a lease of land or buildings 1 61. Provision of housing 1 62. Wilful damage to memorials etc. 1 63. Infringement notice 1 64. Authorised persons 1 65. Name to be given 1 66. Repeal 1 67. Transitional and savings 1 Schedule 1 — Constitution and procedure of Boards 1. Term of office 1 2. Vacating office 1 3. Chairman 1 4. Meetings 1 5. Quorum 1 6. Resolution may be passed without meeting 1 7. Leave of absence 1 8. Board to determine own procedures 1 Schedule 2 — Transitional and savings provisions Division 1 — Provisions for repealed Act 1. Terms used 1 2. Existing public cemeteries deemed cemeteries 1 3. Management by local government authority 1 4. Trustees to become Board members 1 5. Existing funeral directors' licences 1 6. Grants of right of burial 1 7. Registers 1 8. Fees and charges 1 9. Saving 1 Division 2 — Provision for Local Government Legislation Amendment Act 2019 10. Authorised persons 1 Notes Compilation table 1 Editorial changes table 1 Other notes 1 Defined terms Western Australia Cemeteries Act 1986 An Act to provide for the declaration and management of cemeteries, the establishment, constitution and functions of cemetery boards, the licensing of funeral directors, the regulation of burials, the repeal of the Cemeteries Act 1897 and for connected purposes.