Canberra Public Cemeteries Regulations 1939 (ACT)

Case

Canberra Public Cemeteries Regulations 1939 (repealed)    

made under the

Cemeteries Act 1933

Republication No 4

Effective:  27 September 2003

Republication date: 27 September 2003

As repealed by A2003-11

Unauthorised version prepared by the ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Canberra Public Cemeteries Regulations 1939 (repealed), made under the Cemeteries Act 1933, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 27 September 2003. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    The value of a penalty unit for an offence against this republished law at the republication date is—

    (a)if the person charged is an individual—$100; or

    (b)if the person charged is a corporation—$500.

    Canberra Public Cemeteries Regulations 1939 (repealed)

    made under the

    Cemeteries Act 1933

    Contents

    Page

    1. Name of regulations  2

    2. Interpretation for regulations  2

    3. Meetings of trustees  3

    4. Seal of the trustees  3

    5. Secretary  3

    6. Fees  4

    7. Office hours  5

    8. Public cemetery hours  5

    9. Time of burial  5

    10. Notice board  6

    11. Plans of public cemeteries  6

    12. Exclusive rights to burial  6

    15A         Duration of exclusive rights in Gungahlin Cemetery  7

    1. Register of allotments, burials etc  8

    2. Inspection of register  9

    3. Permit for burial  9

    4. Certificate of death  9

    5. Notice to the groundsperson  9

    6. Digging graves  10

    7. Additional burials  10

    8. Burials in vaults  10

    9. Number of burials in an allotment  10

    24A         One burial only in allotment set apart for burial of body of deceased member of Defence Force 11

    1. Removal of dead body  11

    2. Design and construction of monuments  11

    3. Alterations or renewals of monuments, inscriptions etc                12

    27A         Lawn burial areas  12

    1. Planting of trees, covering of graves etc  12

    2. Workers to leave grounds in tidy condition  13

    3. Certain vehicles not to be used in public cemetery  13

    4. Interference with allotments  14

    5. Traffic  14

    6. Offences  14

    7. Removal of offenders  15

    8. Penalty  15

    Schedule 1Design of trustees’ seal  16

    Endnotes

    1. About the endnotes  17

    2. Abbreviation key  17

    3. Legislation history  18

    4. Amendment history  21

    5. Earlier republications  24

    Canberra Public Cemeteries Regulations 1939 (repealed)

    made under the

    Cemeteries Act 1933

    1. Name of regulations

      These regulations are the Canberra Public Cemeteries Regulations 1939.

    2. Interpretation for regulations

    3. In these regulations:

      NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

      Canberra public cemeteries means the public cemeteries in the ACT.

      grave means any burial place formed in the ground by excavation, and without any internal wall of brickwork or stonework, or any other artificial lining.

      lawn burial area means an area set apart as a lawn burial area under these regulations.

      secretary means the public servant for the time exercising the functions of secretary to the trustees of the Canberra public cemeteries.

      the groundsperson, in relation to a public cemetery, means a person appointed to be the groundsperson in relation to that public cemetery.

      the trustees means the persons appointed to be the trustees of the Canberra public cemeteries.

      vault means a place of any description for the burial or entombment of a dead body, whether above or below ground, other than a grave.

    4. In these regulations, any reference to a schedule is a reference to a schedule to these regulations.

    5. Meetings of trustees

    6. The trustees shall hold the meetings that, in the opinion of the chairperson, or of at least 3 other trustees, are necessary for the efficient conduct of their affairs.

    7. Written notice of each meeting shall be given to each trustee by the chairperson or by the trustees calling the meeting.

    8. At meetings of the trustees, a majority of trustees shall form a quorum, and the chairperson shall have a deliberative vote and, in the event of an equality of votes, a casting vote.

    9. In the case of the illness or absence of the chairperson, the trustees present shall appoint one of their number to act as chairperson.

    10. The secretary shall keep minutes of the proceedings of all meetings of the trustees.

    11. Seal of the trustees

    12. The seal of the trustees shall be in accordance with the design set out in schedule 1.

    13. The seal shall always be deposited at the office of the trustees and shall not be attached to any instrument or document except under a resolution of the trustees and in the presence of 2 of the trustees, who shall sign the instrument or document.

    14. However, a person dealing with the trustees shall not be bound or concerned to see or inquire as to the authority under which any instrument or document is sealed or as to whether the seal was attached to that instrument or document, or that instrument or document was signed, as required by this regulation.

    15. Secretary

    16. There shall be a secretary to the trustees of the Canberra public cemeteries.

    17. The chief executive shall create and maintain an office in the public service whose duties include exercising the functions of the secretary to the trustees of the Canberra public cemeteries.

    18. The secretary shall be the public servant for the time exercising the duties of the public service office referred to in subregulation (2).

    19. In addition to the other duties as are imposed on him or her by these regulations or by the trustees, the secretary shall, unless otherwise directed by the trustees, have charge of the books and papers and other property of the trustees.

    20. Fees

    21. The fee determined under the Act, section 22A (Determination of fees) in relation to a specified matter is payable in relation to that service or matter.

    22. Fees determined under the Act, section 22A shall be paid to the trustees at the office of the trustees, and the trustees shall cause a receipt to be given for them.

    23. A written statement that any amount is due in relation to fees determined under the Act, section 22A , purporting to be signed by the chairperson of the trustees or the secretary, shall be prima facie evidence that that amount is so due.

    24. The trustees may at their discretion remit wholly or in part, or postpone payment of, any fees determined under the Act, section 22A.

    25. For subregulation (4), the trustees may require any person by whom any fee is payable to tender the documents and other information that, in the opinion of the trustees, are necessary to ascertain the ability of that person to pay that fee.

    26. Any fees determined under the Act, section 22A  shall be a debt due to the trustees and may be recovered in any court of competent jurisdiction.

    27. If—

      (a)in relation to a burial or to an interment of ashes, a person has paid the fee determined under the Act, section 22A in relation to the provision of a plaque; and

      (b)a headstone is erected on the allotment in which that burial or interment took place within the period of 2 years beginning on the day the burial or interment took place;

      the trustees shall, on the application of the person referred to in paragraph (a), refund to the person the amount fixed in relation to the provision of a plaque.

    28. Office hours

    29. Subject to subregulation (2), the office of the trustees shall be open during the following hours:

      Mondays to Fridays—10 am to 12.30 pm and 1.30 pm to 4 pm.

    30. The office of the trustees shall not be open on any day observed as a holiday in the Australian Public Service in the Australian Capital Territory.

    31. Public cemetery hours

      Each public cemetery shall be open to the public during the following hours:

      Mondays to Saturdays—8am to 4.45pm

      Sundays—8am to 5.30pm.

    32. Time of burial

    33. Each public cemetery shall be open for the burial of the dead between the following hours:

      10am to 12 noon and 2pm to 4pm.

    34. However, the chairperson of the trustees may, on application by any person, permit a burial to take place at any time when a public cemetery is open to the public.

    35. Notice board

      The trustees shall erect in a conspicuous part of each public cemetery, and maintain in good order, a notice board indicating—

      (a)the name of the public cemetery; and

      (b)the hours when the public cemetery is open to the public; and

      (c)the name of the secretary; and

      (d)the address of the office of the trustees.

    36. Plans of public cemeteries

    37. The trustees shall prepare plans showing a layout and detailed subdivision of each public cemetery.

    38. The plans referred to in subregulation (1) shall be kept at the office of the trustees.

    39. A copy of the plan of a public cemetery shall be kept at the public cemetery.

    40. Exclusive rights to burial

    41. A person who wishes to obtain the exclusive right of burial in any specified allotment in a public cemetery shall make an application to the secretary for the grant of that right.

    42. An application under subregulation (1) shall not be made for or on behalf of any other person by an undertaker or funeral director.

    43. If the trustees have set apart and granted the exclusive right of burial in any specified allotment, the secretary shall issue to the holder of that right a certificate to that effect.

      NoteFees may be determined under the Act, s 22A (Determination of fees) for this regulation.

    44. The trustees may, at their discretion, refuse to set apart and grant to any person the exclusive right of burial in more than 1 allotment.

    45. An exclusive right of burial may be transferred or transmitted, and the trustees shall, on production to them, within a reasonable time after the transfer or transmission, of—

      (a)the certificate of the exclusive right of burial; and

      (b)proof to their satisfaction of the transfer or transmission, record the transfer or transmission and note it on the certificate.

    46. The trustees may refuse to record or note a transfer to a person who is already the holder of an exclusive right of burial.

    47. A transfer or transmission of an exclusive right of burial shall not give any rights against the trustees in relation to the allotment to which the exclusive right relates unless and until it has been noted on the certificate in accordance with subregulation (5).

    48. The secretary may, on being satisfied that a certificate of exclusive right of burial has been lost or destroyed, issue a duplicate certificate.

    49. The trustees may in their discretion accept the surrender of any exclusive right of burial, and may refund to the holder so surrendering his or her right a sum equal to 3/4 of the fee paid in relation to the right.

    15ADuration of exclusive rights in Gungahlin Cemetery

    1. An exclusive right of burial granted under regulation 15 in any specified allotment in the public cemetery known as Gungahlin Cemetery shall, unless it is sooner surrendered, end at the end of a period of 25 years after the date when it was so granted but may, on application made by the holder of the right in accordance with this regulation, be renewed for a period of 25 years from the end of the right or of the last period of renewal.

    2. An application for renewal of an exclusive right of burial shall be in writing and lodged with the secretary before the end of the right or of the last period of renewal.

      NoteA fee may be determined under the Act, s 22A (Determination of fees) for this regulation.

    3. If an exclusive right of burial has been renewed under this regulation, the secretary shall—

      (a)note particulars of the renewal on the certificate issued to the holder of the right under regulation 15 (3); and

      (b)enter those particulars in the register referred to in regulation 16.

    4. Register of allotments, burials etc

      The trustees shall keep a register in which shall be entered—

      (a)particulars of the subdivision of each part of each public cemetery, and the appropriate number of each allotment, together with the name and address of any person to whom any exclusive right of burial has been set apart and granted; and

      (b)immediately after any burial, the name, description, and late address of the person buried, the date of burial, and the number of and particulars identifying the allotment; and

      (c)particulars of the burial of any stillborn child.

    5. Inspection of register

    6. The register referred to in regulation 16 shall be open to inspection at any time during office hours.

    7. The secretary shall provide a copy of any entry in the register.

      NoteA fee may be determined under the Act, s 22A (Determination of fees) for this regulation.

    8. Permit for burial

    9. A person shall not bury any dead body in a public cemetery unless a permit has been obtained from the secretary.

    10. On Sundays and holidays permits for burial may be issued by the groundsperson.

    11. Certificate of death

      A permit for burial shall not be issued except on production of—

      (a)the certificate of death issued under the Births, Deaths and Marriages Registration Act 1997; and

      (b)a certificate issued by a coroner authorising the burial of the body of the deceased; and

      (c)particulars of the length, breadth, and depth of the coffin.

    12. Notice to the groundsperson

    13. At least 12 hours notice of the time for any burial shall be given to the secretary, and the permit provided for in regulation 18 shall be delivered to the groundsperson at least 8 hours before the time fixed for the burial.

    14. However, in cases of special emergency, if it is impracticable to give notice as provided by this regulation, the notice may be given that is determined by the chairperson of the trustees.

    15. Digging graves

      The trustees shall be responsible for the digging of all graves.

    16. Additional burials

      A person shall not be entitled to have an allotment reopened for the purpose of an additional burial in the allotment unless he or she is the holder of the exclusive right of burial in relation to that allotment, or produces the written consent of the holder or, if the holder is dead, of the lawful successor of the holder.

    17. Burials in vaults

    18. A person shall not cause or suffer any dead body to be buried or entombed in a vault unless—

      (a)the body is enclosed in a wooden shell; and

      (b)the wooden shell is enclosed in lead or zinc and hermetically sealed; and

      (c)the whole is enclosed in a coffin.

    19. A certificate of compliance with subregulation (1), signed by the undertaker supplying the coffin, shall be given to the groundsperson.

    20. Number of burials in an allotment

    21. Not more than 2 adults shall be buried in any 1 allotment, and the upper surface of a coffin shall not in any case be less than 1m below the natural surface of the soil.

    22. For subregulation (1), 2 children under 10 years old shall be deemed to be 1 adult.

    23. The second burial shall not take place before the end of 6 months from the date of the first burial.

    24. When a grave is opened for the purposes of a second burial, the excavation shall be so made as to leave a layer of earth not less than 150mm in thickness above the upper surface of the first coffin.

    25. Ashes of a cremated body may be buried in an allotment subject to the conditions determined by the trustees.

    26. This regulation applies only to a burial in a grave.

    24AOne burial only in allotment set apart for burial of body of deceased member of Defence Force

    Notwithstanding anything contained in regulation 24, not more than 1 body shall be buried in an allotment specially set apart under the Cemeteries Act 1933, section 5 (1) (c).

    1. Removal of dead body

      A person shall not on any Saturday or Sunday remove any dead body or the remains of a dead body from any allotment for the purpose of reburial in another allotment or removal to another cemetery.

    2. Design and construction of monuments

    3. A person shall not erect any monument, tablet, gravestone, vault, kerbing, railing or other structure in a public cemetery—

      (a)unless a written application for permission to do so has been made to the trustees; and

      (b)unless plans and particulars of it have been submitted to and approved by the trustees and a permit obtained; and

      (c)otherwise than in accordance with the plans and particulars so approved.

      NoteA fee may be determined under the Act, s 22A (Determination of fees) for this regulation.

    4. A person shall not, in a lawn burial area, erect a tablet on which are inscribed more than 91 characters.

    5. The erection of any monument, tablet, gravestone, vault, kerbing, railing or other structure shall be carried out to the satisfaction of the trustees.

    6. Alterations or renewals of monuments, inscriptions etc

      The trustees may at their discretion remove, alter or repair any monument, tablet, gravestone, vault, kerbing, railing or other erection in a public cemetery, or any inscription on it that, in their opinion, is dangerous, unsightly, or in disrepair, or has not been erected in accordance with the plans and particulars approved by the trustees.

    27ALawn burial areas

    1. Subject to this regulation, the trustees may, in their discretion, set apart as a lawn burial area any section of any separate part of a public cemetery.

    2. The trustees shall not exercise their powers under subregulation (1) so as to reduce below a reasonable area the area in any separate part of the cemetery where, subject to the provisions of these regulations, a monument, tablet, gravestone, vault, kerbing, railing or other structure may be erected.

    3. A person shall not erect or place in a lawn burial area any monument, tablet, gravestone, kerbing, railing or structure other than a tablet of the standard type approved by the trustees.

    4. Planting of trees, covering of graves etc

      A person shall not, without the consent of the trustees—

      (a)plant a tree or shrub in a public cemetery; or

      (b)cover a grave in a public cemetery with tiles, cement, chips or any other covering; or

      (c)place a vessel or container on a grave in a public cemetery; or

      (d)place an inscription on a monument, tablet, gravestone, vault, kerbing, railing or other structure in a public cemetery.

    5. Workers to leave grounds in tidy condition

    6. Any mason or other worker who performs any work in, on, or to any monument, tablet, gravestone, vault, kerbing, railing or other erection in a public cemetery shall, to the satisfaction of the trustees, clear away all refuse, rubbish and unsightly material resulting from that work, and shall make good all damage done by him or her or his or her servants.

    7. If any mason or other worker fails to clear away any refuse, rubbish or unsightly material, or to make good any damage, in accordance with the provisions of subregulation (1), within the time the trustees think reasonable, the trustees may perform the work that the mason or other worker has failed to do, and any expense incurred by the trustees in so doing shall be a debt due by the mason or other worker to the trustees, payable on demand, and recoverable in any court of competent jurisdiction.

    1. Certain vehicles not to be used in public cemetery

      A person shall not—

      (a)draw heavy materials over any road or path of a public cemetery while the road or path is wet; or

      (b)use in a public cemetery any handcart the wheel tyres of which are less than 150mm in width.

    2. Interference with allotments

      Any person shall not interfere with any allotment without the written authority of the trustees, unless he or she is the holder of the exclusive right of burial in the allotment, or the authorised agent of the holder of that right.

    3. Traffic

      A person shall not—

      (a)disobey a direction of the groundsperson in relation to—

      (i)the parking of any vehicle; or

      (ii)the route or direction on which any vehicle shall proceed; or

      (b)fail to observe the provisions of any notice erected by the trustees in relation to pedestrian or vehicular traffic; or

      (c)suffer or permit any animal to trespass on a public cemetery.

    4. Offences

      A person shall not within a public cemetery—

      (a)sell or buy any article or thing; or

      (b)distribute any handbill, card, circular or advertisement; or

      (c)take part in any meeting, other than of a religious or commemorative character, or in connection with a burial; or

      (d)disturb any funeral service, whether by working in the neighbourhood, or otherwise; or

      (e)discharge any firearms, except at a military funeral; or

      (f)wantonly damage or disturb any real or personal property or disturb flowers or other tokens; or

      (g)throw, cast or lay, or cause to be thrown, cast or laid, in or on the public cemetery, any refuse, or rubbish, except in receptacles provided for the purpose, or any offensive, noxious or dangerous matter; or

      (h)commit any breach of the peace or nuisance, or otherwise offend against decency or decorum.

    5. Removal of offenders

      Any person who commits an offence against, or contravenes, any provision of these regulations, may forthwith be removed from a public cemetery by any trustee or officer or servant of the trustees, or by any police officer.

    6. Penalty

      Any person who contravenes, or fails to comply with, any provision of these regulations, commits an offence.

      Maximum penalty:  $20.


    Schedule 1Design of trustees’ seal

    (see reg 4)

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

      If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter p = page
    cl = clause par = paragraph
    def = definition pres = present
    dict = dictionary prev = previous
    disallowed = disallowed by the Legislative (prev...) = previously
    Assembly prov = provision
    div = division pt = part
    exp = expires/expired r = rule/subrule
    Gaz = Gazette reg = regulation/subregulation
    hdg = heading renum = renumbered
    IA = Interpretation Act 1967 reloc = relocated
    ins = inserted/added R[X] = Republication No
    LA = Legislation Act 2001 RI = reissue
    LR = legislation register s = section/subsection
    LRA = Legislation (Republication) Act 1996 sch = schedule
    mod = modified / modification sdiv = subdivision
    No = number sub = substituted
    num = numbered SL = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired
    1. Legislation history

      The Canberra Public Cemeteries Regulations 1939 (repealed) were made under the Cemeteries Ordinance 1933 (now the Cemeteries Act 1933).

      The Canberra Public Cemeteries Regulations 1939 (repealed) were originally the Canberra Public Cemeteries Regulations.  They were renamed under the Legislation Act 2001.

      Before 11 May 1989, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1937 s 16, Interpretation Act 1967 s 50, Subordinate Laws Act 1989 s 6).

      Legislation before becoming Territory enactment

      Canberra Public Cemeteries Regulations 1939

      notified 13 July 1939

      commenced 13 July 1939

      as amended by

      Amendments of Canberra Public Cemetery Regulations 1942 No 5

      notified 23 April 1942

      commenced 23 April 1942

      Amendment of Canberra Public Cemetery Regulations 1943 No 6

      notified 9 December 1943

      commenced 9 December 1943

      Amendments of Canberra Public Cemetery Regulations 1950 No 4

      notified 6 July 1950

      commenced 6 July 1950

      Amendments of Canberra Public Cemetery Regulations 1955 No 4

      notified 6 April 1955

      commenced 6 April 1955

      Amendments of Canberra Public Cemetery Regulations 1959 No 18

      notified 31 December 1959

      commenced 31 December 1959

      Amendments of Canberra Public Cemetery Regulations 1961 No 9

      notified 3 August 1961

      commenced 3 August 1961

      Amendments of Canberra Public Cemetery Regulations 1966 No 1

      notified 27 January 1966

      commenced 27 January 1966

      Amendments of Canberra Public Cemetery Regulations 1968 No 4

      notified 7 March 1968

      commenced 7 March 1970

      Amendment of Canberra Public Cemetery Regulations 1970 No 9

      notified 13 August 1970

      commenced 13 August 1970

      Amendments of Canberra Public Cemetery Regulations 1971 No 2

      notified 1 July 1971

      commenced 1 July 1971

      Amendments of Canberra Public Cemetery Regulations 1974 No 22

      notified 22 October 1974

      commenced 22 October 1974

      Amendments of Canberra Public Cemetery Regulations 1975 No 9

      notified 16 May 1975

      commenced 16 May 1975

      Amendments of Canberra Public Cemetery Regulations 1976 No 13

      notified 30 July 1976

      commenced 1 August 1976

      Amendments of Canberra Public Cemetery Regulations 1979 No 15

      notified 3 September 1979

      commenced 3 September 1979

      Regulations to repeal certain regulations and to revise certain regulations in force under the ordinances of the ACT 1980 No 3 (as am by 1980 No 14)

      notified 25 March 1980

      commenced 25 March 1980

      Regulations to amend regulations 1980 No 3 1980 No 14

      notified 9 October 1980

      commenced 25 March 1980

      Canberra Public Cemeteries Regulations (Amendment) 1981 No 17

      notified 4 September 1981

      commenced 4 September 1981

      Canberra Public Cemeteries Regulations (Amendment) 1982 No 29

      notified 30 June 1982

      commenced 1 July 1982

      Canberra Public Cemeteries Regulations (Amendment) 1984 No10

      notified 11 May 1984

      commenced 11 May 1984

      Canberra Public Cemeteries Regulations (Amendment) 1985 No 25

      notified 28 October 1985

      commenced 28 October 1985

      Legislation after becoming Territory enactment

      Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 2

      notified 30 June 1994 (Gaz 1994 No S121)
      s 1, s 2 commenced 30 June 1994 (s 2 (1))

      remainder commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)

      Coroners (Consequential Provisions) Act 1997 No 58 sch 3

      notified 9 October 1997 (Gaz 1997 No S300)

      commenced 9 October 1997 (s 2)

      Canberra Public Cemeteries Regulations (Amendment) 1998 No 18

      notified 28 May 1998

      commenced 28 May 1998 (reg 1)

      Legislation (Consequential Amendments) Act 2001 No 44 pt 57

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)

      pt 57 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      as repealed by

      Cemeteries and Crematoria Act 2003 A2003-11 s 62

      notified LR 27 March 2003
      s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
      s 62 commenced 27 September 2003 (s 2 and LA s 79)



    2. Amendment history

      Name of regulations

      reg 1sub 1979 No 15

      am R3 LA

      Interpretation for regulations

      reg 2am 1959 No 18 reg 1

      def Act sub 1985 No 25 reg 2

      om Act 2001 No 44 amdt 1.642

      def Canberra public cemeteries ins 1979 No 15 reg 2

      def lawn burial area am 1950 No 4 reg 1

      def secretary ins Act 1994 No 38 sch 2

      def the groundsperson ins 1979 No 15 reg 2

      am R2 LRA

      def the Secretary om Act 1994 No 38 sch 2

      def the trustees sub 1979 No 15 reg 2

      def vault sub 1998 No 18 reg 3

      Meetings of trustees

      reg 3am 1961 No 9; 1980 No 3; R2 LRA; subregs renum R3 LA

      Seal of the trustees

      reg 4am 1979 No 15; 1980 No 3 (as am by 1980 No 14); R2 LRA

      Secretary

      reg 5am Act 1994 No 38 sch 2; subregs renum R3 LA

      Fees

      reg 6am 1955 No 4; 1961 No 9; 1979 No 15; 1980 No 3 (as am by 1980 No 14); 1981 No 17; 1985 No 25; Act 2001 No 44 amdts 1.643-1.650

      Trust account

      reg 7om 1961 No 9

      Payment of accounts

      reg 8om 1961 No 9

      Submission of accounts to trustees

      reg 9om 1961 No 9

      Office hours

      reg 10am 1959 No 18; 1980 No 3 (as am by 1980 No 14)

      Public cemetery hours

      reg 11am 1979 No 15

      Time of burial

      reg 12am 1979 No 15; R2 LRA

      Notice board

      reg 13sub 1979 No 15

      Plans of public cemeteries

      reg 14sub 1979 No 15

      Exclusive rights to burial

      reg 15am 1942 No 5; 1950 No 4; 1959 No 18; 1979 No 15; 1985 No 25; Act 2001 No 44 amdts 1.651-1.653; subregs renum R3 LA

      Duration of exclusive rights in Gungahlin Cemetery

      reg 15Ains 1981 No 17

      am 1985 No 25; Act 2001 No 44 amdt 1.654, amdt 1.655

      Register of allotments, burials etc

      reg 16am 1979 No 15

      Inspection of register

      reg 17am 1955 No 4; 1985 No 25; Act 2001 No 44 amdt 1.656, amdt 1.657

      Permit for burial

      reg 18am 1959 No 18; 1979 No 15

      Certificate of death

      reg 19am 1979 No 15; Act 1997 No 58 sch 3; pars renum R3 LA

      Notice to the groundsperson

      reg 20am 1980 No 3 (as am by 1980 No 14); R2 LRA

      Burials in vaults

      reg 23am 1984 No 10; 1998 No 18 reg 4

      Number of burials in allotment

      reg 24am 1974 No 22; 1980 No 3; 1998 No 18 reg 5

      One burial only in allotment set apart for burial of body of deceased member of Defence Force

      reg 24Ains 1943 No 6

      sub 1979 No 15

      Design and construction of monuments

      reg 26am 1955 No 4; 1975 No 9; 1979 No 15; 1985 No 25; Act 2001 No 44 amdt 1.658, amdt 1.659; subregs renum R3 LA

      Alterations or renewals of monuments, inscriptions etc

      reg 27am 1979 No 15

      Lawn burial areas

      reg 27Ains 1950 No 4

      am 1979 No 15

      Planting of trees, covering of graves etc

      reg 28sub 1955 No 4

      am 1979 No 15

      Workers to leave grounds in tidy condition

      reg 29am 1979 No 15

      Certain vehicles not to be used in public cemetery

      reg 30am 1979 No 15; 1980 No 3 (as am by 1980 No 14)

      Traffic

      reg 32am 1979 No 15

      Offences

      reg 34am 1979 No 15

      Penalty

      reg 35am 1968 No 4; 1980 No 3

      The schedules

      hdg to schs om 1979 No 15

      Design of Trustees’ Seal

      sch 1om 1959 No 18

      ins 1979 No 15 reg 23

      Schedule 2

      sch 2 hdg(prev sch 3 hdg) renum 1979 No 15 reg 24

      sch 2orig sch 2 om 1979 No 15

      (prev sch 3) am 1942 No 5; 1950 No 4

      sub 1955 No 4

      am 1966 No 1

      sub 1968 No 4

      am 1970 No 9; 1971 No 2; 1974 No 22; 1975 No 9; 1976 No 13

      renum as sch 2 1979 No 15 reg 24

      am 1979 No 15 reg 24; 1980 No 3

      sub 1981 No 17; 1982 No 29

      om 1985 No 25 reg 8

      Schedule 3

      sch 3renum as sch 2

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

    Republication No

    Amendments to

    Republication date

    1 SL 1985 No 25 31 October 1991
    2 SL 1998 No 17 30 September 1999
    3 A2001-44 20 May 2002

    ©  Australian Capital Territory 2003

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