Fremantle Cemeteries Board By-laws 2001 (WA)

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WESTERN 5647
AUSTRALIAN
GOVERNMENT

PERTH, TUESDAY, 23 OCTOBER 2001 No. 210 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM

CEMETERIES ACT 1986

_________

FREMANTLE CEMETERY

BOARD BY-LAWS

23 October 2001 GOVERNMENT GAZETTE, WA 5649

CEMETERIES ACT 1986

FREMANTLE CEMETERY BOARD BY-LAWS

In pursuance of the powers conferred upon them by the abovementioned Act, and of every other power enabling them, the Fremantle Cemetery Board hereby records having resolved on the day of 26 July 2001 to make the following By-laws.

PART 1—PRELIMINARY

Repeal
1. The following By-laws are hereby repealed.

(a)

The By-laws made by the Trustees of the Fremantle Cemetery under the provisions of the Cemeteries Act 1897, published in the Government Gazette on 29 January 1969.

Citation
2. These By-laws may be cited as the Fremantle Cemeteries Board By-laws 2001.
Arrangement and Definitions
3. (1) This By-law is divided into parts as follows—

PART I PRELIMINARY
PART II ADMINISTRATION
PART III RIGHT OF BURIAL
PART IV APPLICATIONS FOR FUNERALS—
Division 1 Application
Division 2 Time for Funerals
PART V FUNERAL DIRECTORS
PART VI SINGLE FUNERAL PERMITS
PART VII FUNERALS
Division 1 General
Division 2 Cremation
Division 3 Placement of Ashes
Division 4 Burial
PART VIII MONUMENTAL AND OTHER WORK
Division 1 Permission for Monumental Work
Division 2 Lawn Section
Division 3 Memorial Plaque Section
Division 4 General
Division 5 Licensing of Monumental masons
Division 6 Single Monumental Work permit
PART IX GENERAL
PART X OFFENCES AND MODIFIED PENALTIES

PART XI (2) In these By-laws unless the context requires otherwise—

LIST OF SCHEDULES
“Act” means the Cemeteries Act, 1986;
“ashes” means the remains after the due processes of cremation;
“Authorised Officer” means an officer or employee of the Board authorised by the
Board to exercise any power conferred by an act of Parliament or these By- laws;
“Board” means the Fremantle Cemetery Board as constituted under Section 7 of
the Act;
“burial” has the same meaning as is given to it in the Act;
“Cemetery” means the Fremantle Cemetery in Carrington Street, Palmyra which
the Governor by order has vested under the care, control and management of
the Board.
“Crematorium” has the same meaning as that expression in the Act;
“dead body” has the same meaning as that expression in the Act;
“funeral” includes the burial and cremation of a dead body and all associates
processions and ceremonials but does not include so much of a ceremonial
that is solely a religious rite;

5650 GOVERNMENT GAZETTE, WA 23 October 2001
“Funeral Director” means a person, firm, or company holding a current Funeral Director’s licence;
“Funeral Director’s licence” means a licence issued by the Board in accordance
with clause 23 which entitles the holder to conduct funerals at the Cemetery;
“Chief Executive Officer” means the Chief Executive Officer for the time being
appointed by the Board in accordance with Clause 4 and includes any person
for the time being acting in that capacity in the absence of the Chief
Executive Officer;
“grant” means a grant by the Board, under clause 9 or clause 11, of an exclusive right of burial in a grave;
“grave” means a specified area of the Cemetery for burial, including a compartment within a mausoleum or vault;
“guide dog” has the same meaning as is given to that expression in the Dog Act
1976;
“holder” in relation to a grant includes—

(a) a person issued with a grant by the Board under clause 7 or clause 9;
(b) a person for the time being appearing to the Board to be the holder of a grant;
“mausoleum” means a building or construction wholly above or partially above and below ground level, so constructed as to allow the deposition of dead bodies into a compartment in the wall or floor and being sealed from view;
“memorial” has the same meaning as is given to it in the Act;
“military grave” means a grave eligible for commemoration by the Office of
Australian War Graves.
“monument” includes a tombstone, vault, enclosure or other approved form of
memorial;
“Monumental Mason” means a person, firm or company holding a current monumental mason’s licence;
“monumental work” when the term is used as an abstract noun shall include the erection, alteration or removal of or other working upon a monument on a grave;
“personal representative” means an executor and any person who by law or practice has the best right to apply for administration, and any person having lawful custody of the body of a deceased person.
“set fee” refers to fees and charges set by a resolution of the Board and published in the Government Gazette in accordance with section 53 of the Act;
“single funeral permit” means a permit issued by the Board in accordance with clause 27 which entitles the holder to conduct a funeral at the Cemetery for the deceased person named in the permit;
“vault” means a lined grave with one or more sealed compartments constructed to specifications approved from time to time by the Board;
“vehicle” has the same meaning as is given to that word in the Road Traffic Act 1974 as amended from time to time, and includes trail bikes, beach buggies and other recreational vehicles licensed or unlicensed, but excludes a wheel chair being used by a physically impaired person.

PART II—ADMINISTRATION
APPOINTMENT OF CHIEF EXECUTIVE OFFICER

4. The Board shall appoint a Chief Executive Officer who shall, at its discretion, exercise general supervision and control over all matters concerning the administration of the Cemetery and the carrying out and enforcement of these By- laws and, unless the Board otherwise resolves, all directions of the Chief Executive Officer shall be deemed to have been given by order of the Board.
Appointment of Employees
5. The Board may directly or by delegation to the Chief Executive Officer appoint
staff to administer and supervise work within the Cemetery and carry out such work
as is required for the general care of the Cemetery.
Plans and Registers
6. (1) The Board shall establish and maintain—

(a)

a plan of the Cemetery showing the location and identifying number of every burial place or grave and the distribution of the land, compartments and sections;

(b)

a register containing the identification numbers of graves and the names and description of the persons buried;
(c) a register of grants made with respect to the Cemetery;

(d)

a register of cremations containing the names and descriptions of any person cremated in the Cemetery; and

23 October 2001 GOVERNMENT GAZETTE, WA 5651

(e) a register of persons cremated whose ashes have been buried or disposed of in the Cemetery.

(2) the plans and registered referred to in sub-clause (1) shall be open for inspection by members of the public during normal office hours of the Board and upon payment of the set fee.
Pre Need Certificates
7. Application for a Pre-need Interment or Cremation Certificate must be applied for
on the application form stipulated in Twentieth and Twenty First Schedules. Upon
payment of the prescribed fee, the Board may issue to a person a Certificate of
Interment or Cremation.
Lift and Deepen
8. A lift and deepen service may be approved providing more than 10 years has
elapsed since the last interment. In special circumstances, approval may be given
for a lift and deepen service if more than 7 years has elapsed since the last
interment.

PART III—RIGHT OF BURIAL

Issue of a grant
9. Upon—
(a) the written application of a person; and
(b) payment of the set fee,
the Board may issue to that person a grant of right of burial for a term of 25
years.

Rights of a holder
10. (1) Subject to this By-law, to the prior approval of the Board and to the terms and
conditions (if any) imposed by the Board, a grant confers on the holder, during the
term of the grant, an exclusive right—

(a)

to bury one or more dead bodies, or the ashes of one or more dead bodies in the grave specified in the grant; and
(b) to carry out monumental works on the grave specified in the grant.

(2) The Board, in its absolute discretion, may determine from time to time the
number of dead bodies or ashes which may be place in a grave.
(3) The Board or an Authorised Officer may require a holder to produce the grant
before the exercise of any of the rights referred to in sub-clause (1) and the holder
shall forthwith comply with that request.
Renewal of a grant
11. (1) Where, at any time during the term of a grant issued under clause 9, the
holder—
(a) makes written application; and
(b) pays the set fee,
the Board shall renew that grant for a further term of 25 years commencing on
the initial expiry date of the grant.

Replacement grant

12. Upon—
(a) the written application of a holder; and

(b)

the production of evidence to the satisfaction of the Board, which may include a statutory declaration by the holder substantially in the form set out in the First Schedule.
the Board may issue a new grant to replace a grant which is lost or has been
destroyed.
Transfer of a grant
13. (1) A holder who wishes to assign a grant must produce to the Board for
registration the document giving effect to the assignment.
(2) An assignment may be in the form set out in the Second Schedule.
(3) In the event that an assignment cannot be made in accordance with Section 26 of
the Act, then a declaration in the form set out in Schedule 19 may be used to obtain
the Board’s approval.
Exercising the rights of a holder
14. If the Board is satisfied, on the basis of written evidence, that the holder of a
grant—
(a) is unavailable;
(b) is not immediately ascertainable; or

5652 GOVERNMENT GAZETTE, WA 23 October 2001
(c) has died without bequeathing the grant by will,
then the Board may authorise, in writing—
(d) the holder’s personal representative,

(e)

a person acting expressly on behalf of the holder’s personal representative; or

(f)

where no one described in paragraphs (d) or (e) is available or immediately ascertainable, any other person,
to exercise, subject to any conditions imposed by the Board, the rights conferred
on the holder.

Burial without a grant
15. (1) Where a person who wishes to bury a dead body, or the ashes of a dead body,
in a grave which is not the subject of a grant—
(a) makes written application; and
(b) pays the set fee,
the Board, may authorise the burial of that body or ashes in a specified grave
allocated for that purpose.

(2) Where a grave is allocated under sub-clause (1), the Board shall retain all rights and powers in respect of that grave, including the rights and powers to reopen the grave to—

(a)
(i) in the same grave;
disinter the remains buried in that grave and reinter them— (iii) elsewhere in accordance with the Act;

(b) disinter and cremate the remains buried in that grave; or
(c) bury other dead bodies.

PART IV—APPLICATION FOR FUNERALS

Division 1—Applications

Application to hold a Funeral
16. (1) A person who desires to hold a funeral within the Cemetery shall, in the case
of the burial of a dead body—

(a) make an application to the Board in the form prescribed by the Third Schedule; and
(b) lodge with the application referred to in paragraph (a)—

(i) evidence to the satisfaction of the Board that the holder of the grant in respect of the grave in which the body is intended to be buried has consented to or would not object to the burial. Schedule twenty three may be used;
(ii) an application for a grant under clause 9; or

(iii) an application for the allocation of a grave under clause 15.

(2) A person who desires to hold a funeral within the Cemetery shall, in the case of
the cremation of a dead body—

(a)

make an application to the Board in the form prescribed in the Fourth Schedule; and

(b)

lodge with the application referred to in paragraph (a) a permit to cremate issued in accordance with the Cremation Act 1929.

(3) All applications referred to in sub-clause (1) and (2) shall be accompanied by—

(a) a doctor’s certificate for burial or disposal of the dead body; or
(b) a coroner’s order for burial; and
(c) a certificate of identification in accordance with clause 17.
(4) All applications to hold a funeral must be lodged at the office of the Board in such time as to permit at least five (5) working hours notice to be given prior to the time requested to be fixed for the funeral.
(5) All applications to hold a funeral on a Saturday must be lodged at the office of the Board no later than 2.30pm on the day before the funeral unless a later time is approved by the Board.
(6) In addition to the requirements of subparagraph (1) above, Schedule twenty two (grave digging requisition) is to be submitted to the Board at least 5 working hours before the day on which the burial is sought.
Certificate of Identification
17. (1) After a deceased person is placed in a coffin and prior to the deceased person
being removed to the Cemetery, or Crematorium within the Cemetery, a person who

23 October 2001 GOVERNMENT GAZETTE, WA 5653
personally knew the deceased shall identify the dead body and shall complete the
form prescribed in the fifth Schedule unless—

(a)

in the opinion of the Funeral Director, the dead body is not in a fit state to be viewed; or

(b)

after reasonable effort the Funeral Director is unable to arrange for a person to identify the dead body.

(2) Where—

(a)

in the opinion of the Funeral Director, the dead body is not in a fit state to be viewed; or

(b)

after reasonable effort the Funeral Director is unable to arrange for a person to identify the dead body.
then the Funeral Director shall complete the form prescribed in the Sixth
Schedule.

Division 2—Times for Funerals

Application to hold a Funeral
18. Upon receipt of a properly completed application form in accordance with clause
16 and all other things required by these By-laws, the Board shall—
(a) fix a time for the funeral; and

(b)

prepare any grave that is required or reserve the venue for a cremation service (as the case may be).

Fixing Times for a Funeral
19. The time fixed for a funeral is at the discretion of the Board but subject to these
By-laws will be as near as possible to the time requested by the applicant.
Times for burials and Cremations
20. (1) A person shall not carry out a burial or cremation— (a) on public holidays

(b) at any time other than during the following days and hours—

Monday to Friday 8.00am to 8.00pm
Saturday 8.00am to 12.00pm
except with the written permission of the Board.

Admittance of Coffins
21. A person shall not bring a coffin into the Cemetery other than during the hours
referred to in clause 20(1)(b), except with the written permission of the Board.

PART V—FUNERAL DIRECTORS

Directing a Funeral
22. A person shall not direct a funeral within the Cemetery or otherwise make use of
the Cemetery for any purpose connected with directing a funeral unless that person
is—
(a) a Funeral Director;
(b) an employee of the Funeral Director;

(c) the holder of a single funeral permit issued in accordance with clause 27.

Funeral Director’s Licence
23. (1) The Board may upon receipt of an application in writing by any person in the
form prescribed in the Seventh Schedule and upon payment of the set fee, issue to
the applicant a Funeral Director’s licence authorising the holder to direct funerals
within the Cemetery at such times and on such days and subject to such conditions
as the Board shall specify and in compliance with the provisions of these By-laws.
(2) If the applications referred to in sub-clause (1) is approved by the Board, the
Board shall issue to the applicant a licence in the form prescribed in the Eighth
Schedule.
(3) Any person who is the holder of a current Funeral Director’s licence may apply for
a new licence for the then following year by lodging with the Board a application
form prescribed in the Seventh Schedule and upon payment of the set fee.
Period of Licence
24. A Funeral Director’s licence—

(a)

shall be valid from the date specified therein until the 30th day of June next following the date of commencement of the licence or until the licence is determined pursuant to clause 26, whichever shall occur sooner; and
(b) shall not be transferable without the Board’s prior consent.

5654 GOVERNMENT GAZETTE, WA 23 October 2001
Responsibilities of the holder of a Funeral Director’s Licence
25. The holder of a Funeral Director’s licence shall be responsible for the compliance
by every person purporting to be authorised to direct a funeral within the Cemetery
pursuant to that licence with—

(a) all the requirements of—
(i) the licence,
(ii) these By-laws,
(iii) the Act; and
(b) the conditions imposed by the Board in respect of that licence.

Cancellation of a Funeral Director’s Licence
26. (1) The Board may, by notice in writing to the holder of a Funeral Director’s
licence, cancel the licence if—

(a)

the holder of the licence or any employee has committed a breach of these By-laws, the Act, the Cremation Act 1927 or any of the conditions upon which the licence was issued;

(b)

in the opinion of the Board, the conduct of the holder of the Funeral Director’s licence or any employee of the holder in directing or attempting to direct any funeral within the Cemetery is inappropriate or unbecoming.

(c)

the holder of the Funeral Director’s licence has purported to transfer the licence issued to that holder,

(d)

the Funeral Director’s licence was issued erroneously or in consequence of a false or fraudulent document, statement or representation;
(e) the fee for the Funeral Director’s licence is due and unpaid;

(f)

the holder of the Funeral Director’s licence is convicted of an offence against this Act or these By-laws; or

(g)

the Board is no longer satisfied that the holder of the Funeral Director’s licence has suitable facilities and equipment for handling and storing dead bodies and conducting funerals.

(h)

the Board considers a criminal conviction against the Funeral Director is sufficiently serious to warrant cancellation;
(i) the holder is declared bankrupt.

(2) Upon the cancellation of a licence pursuant to this clause, no part of any fee paid
for the issue of that licence is refundable by the Board,

PART VI—SINGLE FUNERAL PERMITS

Application for a Single Funeral Permit
27. The Board may upon receipt of an application in writing by any person in the
form prescribed by the ninth Schedule and upon payment of the set fee issue to the
applicant a single funeral permit authorising the holder to direct the funeral of the
person named in the permit within the Cemetery at such time and subject to such
conditions as the Board shall specify upon the issue of that permit or in these By-
laws. A maximum of three single funeral permits per licence year will be granted to
any person.
Specifications and Details
28. Every application for a single funeral permit made in accordance with clause 27
shall include coffin specifications and details of the vehicle transporting the dead
body to the gravesite or Crematorium.

PART VII—FUNERALS

Division 1—General

Requirements as to Coffins
29. A person shall not bring a dead body into the Cemetery unless—

(a)

the Board has received an application for the burial or cremation of that dead body in accordance with clause 16;

(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 on the coffin’s lid; 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 being not less then 10mm in height.

Funeral Processions
30. (1) Where—

(a)

a funeral procession fails to arrive at the Cemetery at the time fixed by the Board for the funeral; or

23 October 2001 GOVERNMENT GAZETTE, WA 5655

(b)

all the forms prescribed by these By-laws to hold and direct a funeral at the Cemetery are not presented to an Authorised Officer at the Cemetery at the time fixed by the Board for the funeral.
then the applicant who applied to hold the funeral under clause 16 shall pay the
set fee.

The Board may instruct the applicant to arrange an alternative time for the funeral. (2) Where a funeral procession fails to proceed to the Crematorium or grave site of the Cemetery within ten (10) minutes of arrival at the Cemetery, the applicant who applied to hold the funeral shall pay the set fee for being late.
(3) No funeral procession at the Cemetery shall include more than—
(a) one Funeral Director’s hearse; and

(b) four (4) mourning coaches,
without the prior approval of the Chief Executive Officer.

Division 2—Cremation

Metal or Metal Lined Coffins
31. Metal or metal lined coffins shall not be accepted by the Board for cremation at
the Cemetery.
The Contents of Coffins Delivered for Cremation
32. The use of polyvinyl or its derivative, polyurethane, aerosol cans, surgical
implants, other sealed containers and/or glass in or upon coffins presented for
cremation at the Cemetery is prohibited.
Depositing the Coffin
33. (1) The Funeral Director shall deposit the coffin for cremation upon the
catafalque in the Crematorium chapel or at such other position within the Cemetery
as may be determined from time to time by the Board.
(2) Once the coffin has been deposited for cremation in accordance with sub-clause
(1), all further services will be rendered by and be under the sole control of the
Board.
Removal of the Name Plate and lead Strip
34. The Board shall remove the name plate and lead strip from the coffin prior to
cremation at the Cemetery and the lead strip shall be placed in the container with
the ashes.
Removal of metal Fittings
35. The Board may remove any metal fittings on coffins presented for cremation at
the Cemetery which in the opinion of the Board could impede the cremation or cause
damage to the cremation equipment.

Division 3—Placement of Ashes

Directions to Place Ashes
36. (1) Where the personal representative of a deceased person whose body has been
cremated—

(a) has not given directions for the placement of ashes in the application for a cremation referred to in clause 16; or
(b) wishes to vary the directions for the placement of ashes specified in the application for cremation referred to in clause 16,
then the personal representative may apply to the Board in the form prescribed by the Tenth Schedule for permission to place the ashes in the Cemetery and upon payment of the set fee the Board may grant permission for the ashes to be placed by one of the methods specified in the Eleventh Schedule.

(2) Subject to sub-clauses (3) and (4), a person shall not place the ashes of a deceased
person in the Cemetery.
(3) An Authorised Officer may place the ashes of a deceased person in the Cemetery
provided—

(a) the person requesting the placement of the ashes has the permission of the Board; and
(b)

the ashes are placed within an area set aside for that purpose by the Board.

(4) An Authorised Officer may place the ashes of a deceased person in a grave
provided—

(a)

any monumental work commemorating the deceased person is in accordance with Part VIII of these By-laws;
(b) the ashes are not deposited in a niche wall; and

(c)

the person requesting the placement of the ashes has the approval of the Board.

5656 GOVERNMENT GAZETTE, WA 23 October 2001
Availability of Ashes
37. Subject to compliance with clause 36, the ashes of a deceased person that have
not been placed within the Cemetery will be made available to a personal
representative of the deceased person who signed the application for cremation or
their nominee, authorising in writing; during the normal office hours of the Board
after the expiration of twenty four hours (24) after the completion of the cremation at
the Cemetery.
Ashes held by the Board
38. (1) If within six (6) months after the date of cremation at the Cemetery—

(a) the ashes of the deceased person have not been claimed; or
(b) no arrangements have been made for the placement of the ashes of a deceased person by the personal representative,
then the Board may dispose of the ashes at its discretion.

(2) Where the ashes of a deceased person are held by the Board at the request of the personal representative after the expiration of six (6) months from the date of cremation then the personal representative shall pay the set fee, which fee shall be payable monthly in advance.
(3) In the event that the legal representative defaults in the payment of the fee
referred to in sub-clause (2), the Board may dispose of the ashes.

Division 4—Burials

Specification of Graves
39. The Board may from time to time determine the specifications of graves.
Vaults & Mausoleums
40. (1) A person other than the Board shall not construct a brick grave, crypt, vault
or mausoleum within the Cemetery.
(2) The Board may upon receipt of an application in writing by any person and upon
payment of the set fee construct a vault or mausoleum within the Cemetery which
vault or mausoleum shall at all times remain the property of the Board.
(3) A mausoleum must be—
(a) constructed of brick, stone, concrete or similar durable material; and
(b) adequately ventilated and drained; and
(c) vermin proof; and

(d)

capable of being secure against entry by vandals or other unauthorised persons.

(4) A person shall not place a dead body in a mausoleum except—

(a) in a closed coffin and they body has been embalmed; and
(b) in a soundly constructed chamber; and
(c) in accordance with Subclause (5).

(5) The number of burials in a chamber must not exceed the number for which the
chamber was designed.
(6) The Board shall ensure that as soon as possible after a dead body is placed in a
mausoleum, the front of the chamber is sealed with a slab of impervious material
and faced with a substantial slab of stone, slate, or other material approved by the
Board.
(7) Flowers shall not be interred with the casket.
(8) Fresh flowers may only be used inside a mausoleum at the initial committal, at
Easter and other specific religious days approved by the Board.
Burying a Coffin
41. (1) A person shall not bury a coffin within the Cemetery so that the distance from
the top of the coffin to the original surface of the ground is—

(a)

subject to sub-clause (b), less than 750mm, unless that person has the permission of an Authorised Officer; or
(b) in any circumstances less than 600mm.

(2) The permission of the Authorised Officer in sub-clause (1) (a) will only be granted where in the opinion of the Authorised Officer exceptional circumstances require granting of that permission.
42. (1) Subject to sub-clause (2), if for the purpose of re-opening a grave in the Cemetery the Board finds it necessary to remove a monument, edging, tiles, 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.
(2) If the Minister orders the exhumation of a body in accordance with Section 58 of the Act then, the Minister may further order how and by whom the costs referred to in sub-clause (1) shall be met.

23 October 2001 GOVERNMENT GAZETTE, WA 5657
(3) In this clause, the word “Minister” has the same meaning as is given to that
expression in the Act.
Disinterring a Coffin
43. (1) Subject to sub-clause (2), a person shall not disinter a coffin in the Cemetery
for the purposes of re-burial within seven years (7) years after the date of its
interment.
(2) Sub-clause (1), shall not apply where the coffin is disintered for the purpose of the
exhumation of a dead body and the exhumation is ordered or authorised pursuant to
the Act.
Exhumation
44. A person shall not disinter a coffin in the Cemetery for the exhumation of a dead
body unless—

(a) the exhumation is ordered or authorised pursuant to the Act; or

(b)

the holder of the grant of right of burial has applied in writing to the Board requesting the exhumation and the Board has authorised the exhumation.

Opening a Coffin
45. (1) A person shall not open a coffin in the Cemetery unless—

(a) the coffin is opened for the purpose of the exhumation of a dead body; or

(b)

that person has produced to the Board an order signed by the Commissioner of Police and the Board has approved the opening of that coffin.

(2) In this clause—
“Commissioner of Police” means the Commissioner of the Police for the time being appointed under the Police Act 1996 and includes any person for the time being acting in that capacity in the absence of the Commissioner of Police.

PART VIII—MONUMENTAL AND OTHER WORK

Division 1—Permission for Monumental Work

Carrying out Monumental Work
46. (1) Subject to sub-clause (2), a person shall not carry out monumental work on a
grave—

(a) unless the monumental work has first been approved by the Board;

(b)

except in accordance with the plans and specifications approved by the Board; and
(c) unless the set fee has been paid.

(2) The Office of Australian War Graves—

(a)

may, without the approval of the Board, carry out monumental work on a military grave; and

(b)

is not required to pay the set fee for any monumental work that is carried out on a military grave.

Application to Carry out Monumental Work
47. (1) Upon—

(a)

the written application of a person in the form of the Twelfth Schedule and accompanied by the documents set out in sub-clause (2); and
(b) payment of the set fee,
the Board may issue to that person a permit to carry out monumental work on
the grave specified in the application on the days, at the times and subject to the
conditions specified by the Board.

(2) An application referred to in sub-clause (1) shall be accompanied by—

(a)

the plans and specifications of the proposed monumental work, including precise details of all words, designs and pictures intended to be inscribed on or attached to the monumental work;

(b)

if the applicant is not the holder of the grant in respect of the grave on which the work is to be carried out, the written consent of the holder; and
(c) the quoted cost of the proposed monumental work.

(3) The Board may refuse any application where it considers that the proposed
monumental work is inappropriate.
(4) A copy of the approved monumental permit (Schedule 12 or 15) shall be carried
by an authorised representative of the Monumental Mason when carrying out works
on the monument.
(5) Monumental work not authorised in accordance with clauses 47 (1) – (4) shall
incur the penalty prescribed in Schedule 16.

5658 GOVERNMENT GAZETTE, WA 23 October 2001

Division 2—Specifications of Monuments

Specifications of Monuments
48. (1) All monuments at the Cemetery, except as otherwise specifically approved by
the Board, shall—
(a) be made of natural stone;
(b) be placed upon a base of natural stone;

(c) comply with the following specifications—

(i)

the overall height of the monument above the original surface of the grave shall not exceed 1.05m;

(ii)

the height of the base of the monument above the original surface of the grave shall to be less than 150mm nor more than 450mm;
(iii) the width of the base of the monument shall not exceed 1.20m;
(iv) the depth of the base of the monument shall not exceed 300mm;

(d)

have foundations extending to the bottom of the grave unless concrete beam foundations are provided by the Board.

(2) An admiralty bronze memorial plaque may be attached to a monument erected or
being erected in the lawn section of the Cemetery.
(3) A person shall not display any trade names or marks upon any monument within
the lawn section of the Cemetery.
Headstones
49. No portion of a headstone in a lawn section of the Cemetery shall protrude
outside the area of the perimeter of the base of that headstone.

Division 3—Specifications of Memorial Plaques

50. (1) All memorial plaques placed in a memorial plaque section of the Cemetery
shall—

(a) be made of admiralty bronze or any other material approved by the Board.

(b)

not be less than the dimensions 380mm x 280mm, nor more than 560mm x 350mm; and
(c) bear an inscription approved by the Board.

(2) All memorial plaques made of admiralty bronze shall—
(a) not exceed 20mm in thickness; and

(b) be placed upon the base mounting approved by the Board.

(3) All memorial plaques made of stone shall—

(a)

not exceed 50mm in thickness placed upon a base mounting approved by the Board; or

(b)

not be less than 100mm in thickness if it is not to be placed upon a base mounting.

Division 4—General

Kerbing
51. (1) the Board may from time to time set aside any part of the Cemetery for graves
that are not to be enclosed by kerbing.
(2) A person shall not enclose a grave with kerbing where the grave is situated—
(a) in a lawn section of the Cemetery;
(b) in a memorial plaque section of the Cemetery; or

(c) in a part of the Cemetery set aside under sub-clause (1).

Numbering on Graves
52. (1) A person shall not carry out monumental work on a grave unless the number
of that grave is indelibly and legibly inscribed on the base of the headstone, or if this
is not practicable, on the kerbing at the foot of the grave.
Monuments to be Kept in good Repair and Condition
53. (1) The holder shall keep the grave subject of the grant and all monuments upon
it in good repair and condition.
(2) Should any monumental work or any erection on any grave become broken or
unsightly the Board shall have the power to request the grantee to have the same
repaired or removed and should the grantee be unavailable, the Board shall have the
right to remove the broken or unsightly erections.
Placing of Glass Domes and Vases
54. A person shall not place glass domes, vases or other grave ornaments— (a) outside the perimeter of a grave in the Cemetery; or

(b)

on the lawn in an area set aside by the Board as a lawn or a memorial plaque section.

23 October 2001 GOVERNMENT GAZETTE, WA 5659
Plants and Trees
55. A person shall not plant trees, shrubs or plants on the surface of or within one
metre of the outside perimeter of any grave in the Cemetery without the prior
approval of the Board.
Monumental Work Standards
56. (1) A person who proposes to carry out monumental work in the Cemetery shall— (a) use material of good quality; and

(b) not use any plastic or epoxy based substances for the in-filling of inscriptions on headstones, tablets or any other monumental work.

(2) An Authorised Officer may reject any material that in the Officer’s opinion is not good quality and the person who brought such material into the Cemetery shall forthwith remove it therefrom.
Use of Wood
57. A person shall not place wooden fences, railings, crosses or other wooden
erections within the Cemetery unless—
(a) the wooden material is a temporary marker; and
(b) the person has obtained the prior approval of the Board.

Operation of Work
58. All material required in the erection or completion of any monumental work
shall—

(a)

be prepared as far as practicable before being brought into the Cemetery; and

(b)

be admitted at such entrances of the Cemetery and at such times as the Chief Executive Officer may direct.

Placement of Monumental Work
59. (1) A person shall not place monumental work in the Cemetery other than on
proper and substantial foundations to the satisfaction of an Authorised Officer.
(2) Notwithstanding Clause 48 (1)(d), all monuments in the Cemetery exceeding
1.8m in height when erected or 500kgs in weight shall have foundations extending to
the bottom of the grave.
Placement of Rubbish work, upon its completion.
60. (1) A person shall not place rubbish soil, sand or any other surplus material
resulting from monumental work upon any grave.
(2) Notwithstanding Clause 61, a person carrying out monumental work within the
Removal of Sand, Soil or Loam
61. Subject to Clause 60(2), a person shall not remove sand, soil or loam from any
portion of the Cemetery unless that person has the permission of the Board.
Supervision
62. (1) All monumental work within the Cemetery shall be carried out in a
professional manner subject to the direction and/or supervision of an Authorised
Officer.
(2) All persons carrying out monumental work within the Cemetery shall forthwith
comply with any directions given by an Authorised Officer in accordance with sub-
clause (1).
Hours of Work
63. A person shall not work within the Cemetery without permission of the Chief
Executive Officer or a person authorised by the Board—

(a) other than during the day and hours specified in clause 20(1)(b);
(b) on Saturday afternoons and Sundays; or
(c) on public holidays.

Conditions of Work
64. A person carrying out monumental work within the Cemetery shall not leave any
uncompleted monumental work in an untidy or unsafe condition.

Division 5—Licensing of Monumental Masons

Applicants for a Monumental Mason’s Licence
65. (1) The Board may upon receipt of an application in writing by any person, firm
or company in the form prescribed in the Thirteenth Schedule and upon payment of
the set fee issue to the applicant a monumental mason’s licence.

5660 GOVERNMENT GAZETTE, WA 23 October 2001
(2) A licence issued under clause 65(1) authorises the holder to carry out monumental works within the Cemetery subject to the provisions of these By-laws and such conditions as the Board shall specify upon the issue of that licence.
Period of Licence
66. A Monumental Mason’s licence—

(a)

shall be valid from the date specified therein until the 30th day of June next following the date of the commencement of the licence or until the licence is determined pursuant to clause 69, whichever shall occur sooner; and

(b)

shall not be transferable unless the prior approval of the Board has been obtained.

Carrying out Monumental Work
67. A person shall not carry out monumental work within the Cemetery unless that
person is the holder of a current valid Monumental Mason’s licence issued pursuant
to clause 65 or does so as the employee of or principal of a firm or a director of a
company which holds such licence or is otherwise authorised by the Board.
Responsibilities of the holder of a Monumental Mason’s Licence
68. The holder of a Monumental Mason’s licence shall be responsible for the
compliance by every person purporting to be authorised to carry out monumental
works within the Cemetery pursuant to that licence with all the requirements of the
licence, these By-laws, the Cemeteries Act and the Occupational Health Safety and
Welfare Act and the conditions pursuant to which that licence was issued.
Cancellation of a Monumental Mason’s Licence
69. (1) The Board may by notice in writing to the holder of a Monumental Mason’s
licence determine the licence forthwith on any of the following grounds—

(a)

That the holder of the licence has committed a breach of these By-laws, the Cemeteries Act, the Occupational Health Safety and Welfare Act or any of the conditions upon which the licence was issued;

(b)

That, in the opinion of the Board, the conduct of the holder of the licence or any person in the employ of that holder in carrying out or attempting to carry out any works within the Cemetery, is inappropriate or unbecoming; or

(c)

That the holder of the licence has purported to transfer the licence to that holder.

(d)

Upon determination of a Monumental Mason’s licence under this clause no part of any fee paid for the issue of that licence is refundable by the Board.

Division 6—Single Monumental Work Permits

Application for a Single Monumental Work Permit
70. The Board may upon receipt of an application in writing by any person in the
form prescribed by the Fifteenth schedule and upon payment of the set fee issue to
the applicant a single monumental work permit authorising the holder to place a
monument within the Cemetery subject to such conditions as the Board shall specify
upon the issue of that permit or in these By-laws.
Specifications and Details
71. Every application for a single monumental work permit made in accordance with
clause 70 shall include an application for monumental work in the form prescribed
by clause 47.

PART IX—GENERAL

Vehicles
72. (1) A person shall not drive a vehicle—

(a) in the Cemetery at a speed exceeding 25 kilometres per hour;

(b)

in the Cemetery in any manner likely to cause detriment to the safety of pedestrians or other users of the Cemetery;

(c)

in the Cemetery other than on those roads directed to be used by an Authorised Officer;

(d)

in the Cemetery other than in accordance with the directions of an Authorised Officer; or

(e)

on any part of the Cemetery that is not a constructed roadway or parking area or designated by the Board as an area in which vehicles may be driven.

(2) A person shall not stand or park a vehicle on any part of the Cemetery—

(a)

if the standing or parking of vehicles on that part is prohibited at all times by a sign; or
(b) so as to cause an obstruction to or impede the flow of traffic.

23 October 2001 GOVERNMENT GAZETTE, WA 5661
Animals
73. (1) Subject to sub-clause (3), a person shall not bring an animal into or permit an
animal to enter or remain in the Cemetery.
(2) Subject to sub-clause (3), the Board or an Authorised Officer may seize and
remove any animal found in the Cemetery.
(3) Sub-clause (1) and (2), shall not apply to a hearing impaired person or a person
who is blind or partially blind and is accompanied by a hearing or guide dog.
Fireworks or Firearms
74. (1) A person shall not bring or discharge any fireworks within the Cemetery.
Special approval may be given by the CEO on ceremonial occasions.
(2) A person shall not bring or discharge any firearms within the Cemetery except in
the case of a military funeral when firearms may be brought into the Cemetery and
discharged by members of the Defence Force.
(3) In this Clause, “Defence Force” has the same meaning as is given to that
expression in the Defence Act 1903.
Damaging and Removing Objects
75. (1) Subject to sub-clause (2), a person shall not damage, remove or pick any tree,
plant, shrub or flower in the 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.
(2) A person may remove withered flowers from a grave or memorial.
(3) A person who removes withered flowers from a grave or memorial shall place
them in a receptacle provided by the Board for that purpose.
Advertising
76. A person shall not carry on or advertise any trade, business or profession within
the Cemetery without the prior written approval of the Board which consent may be
granted subject to such conditions as the Board thinks fit.
No Benefits or Gratuities
77. A person employed by the Board shall not accept any gratuities or receive any
financial benefit from any work undertaken within the Cemetery other than the
remuneration or benefit paid or given to that person by the Board.
Littering
78. A person shall not—

(a)

break or cause to be broken any glass, ceramics or other material in or upon the Cemetery;

(b)

discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon the Cemetery other than in a receptacle provided for that purpose.

Disruption of Funeral Processions
79. A person shall not obstruct, hinder or disrupt a funeral procession or ceremony
within the Cemetery or commit a nuisance disrespectful of the feelings and welfare
of other users of the Cemetery.
Entry
80. A person shall not enter the Cemetery other than during the hours between
sunrise and sunset except with the approval of the Board or an Authorised Officer.
Swimming
81. A person shall not swim or wade in or remove fish or wildlife from lakes, tanks or
other water features within the Cemetery.
Recording on film or videotape
82. (1) A person shall not, without prior approval of the Board, record on film or
videotape any image or sound within the Cemetery.
(2) A person shall not record on film or videotape a funeral, headstone or memorial
within the Cemetery without the prior approval of the next of kin of the deceased
person whose funeral, headstone or memorial is being recorded.
Camping
83. A person shall not camp in or upon the Cemetery land.
Lighting Fires
84. A person shall not light a fire within the Cemetery without the prior approval of
the Board.
Obeying Signs and Directions
85. A person shall obey all signs displayed, marked, placed or erected by the Board
within the Cemetery and any other lawful direction of an Authorised Officer.

5662 GOVERNMENT GAZETTE, WA 23 October 2001
Removal from the Cemetery
86. (1) Any person failing to comply with any provisions of these By-laws or behaving
in a manner that in the opinion of the Board or one of its Authorised Officers is in
appropriate or unbecoming in the Cemetery may in addition to any penalty provided
by these By-laws be ordered to leave the Cemetery by the Board or an Authorised
Officer.
(2) Any person failing to comply with an order to leave the Cemetery made pursuant
to sub-clause (1) may be expelled from that Cemetery and shall not re-enter that
Cemetery for a period of twenty four (24 hours).

PART X—OFFENCES AND MODIFIED PENALTY

Offence
87. A person who commits a breach of any provision of these By-laws commits an
offence and shall on conviction be liable to a penalty not exceeding $500 and if the
offence is a continuing one to a further penalty not exceeding $20.00 for every day or
part of a day during which the offence is continued.
Modified Penalties
88. (1) A person who—

(a)

receives an infringement notice pursuant to sub-section (1) of Section 63 of the Act; and
(b) does not contest that an offence was committed against these By-laws,
may, within the time specified in the notice, pay to the Board the modified
penalty payable with respect to that offence.

(2) The offences and modified penalties prescribed with respect to offences against
these By-laws shall be as specified in the Sixteenth Schedule.
(3) The prescribed form of the notice referred to in Section 63 (1) of the Act is set out
in the Seventeenth Schedule.
(4) The production of an acknowledgment from the Board of the payment of a
modified penalty is a defence to a charge of the offence in respect of which that
penalty way paid.
(5) If it appears to the Board that an alleged offence cannot be adequately punished
by the payment of the modified penalty then the Board may refrain from accepting
the modified penalty and may in lieu take proceedings against the alleged offender in
a Court of Petty Sessions.
(6) A notice sent under section 63 (3) of the Act withdrawing an infringement notice
served under section 63 (1) in respect of an offence alleged to have been committed
against one of the provisions of these By-laws shall be in or to the effect of the
Eighteenth Schedule.

PART XI
LIST OF SCHEDULES

First Declaration of Ownership of Missing Grant of Right of Burial
Second Assignment/Transfer of Grant of Right of Burial
Third Application for Burial and Instruction for Grave
Fourth Application for Cremation and Instruction for Ashes
Fifth Certificate of Identification
Sixth Certificate Dispensing With Identification
Seventh Application for Grant or Renewal of Funeral Directors Licence
Eighth Funeral Director’s Licence
Ninth Application for Single Funeral Permit
Tenth Authority for Placement of Ashes
Eleventh Options
Twelfth Monumental Permit
Thirteenth Application for Monumental Mason’s Licence
Fourteenth Monumental Mason’s Licence
Fifteenth Application for Single Monumental Permit
Sixteenth List of Penalties

Seventeenth

Infringement Notice Part 1 Infringement Notice Part 2
Eighteenth Withdrawal of Infringement Notice
Nineteenth Assignment of Ownership of Grant of Right of Burial
Twentieth Application for Pre-Need Cremation Certificate
Twenty First Application for Pre-Need Interment Certificate
Twenty Second Grave Digging Requisition
Twenty Three Application for Interment of Ashes/Body in Grave

23 October 2001 GOVERNMENT GAZETTE, WA 5663

First Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
DECLARATION OF OWNERSHIP OF MISSING GRANT OF
RIGHT OF BURIAL

I, (a) ...................................................................................................................................
of (b) ..................................................................................................................................
do solemnly and sincerely declare as follows—

1.
I am the person described as (c) ......................................................................... issued by the Fremantle Cemetery Board on

2. (d) .........................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
3. I have not transferred any of my rights under that grant to any person.

And I make this solemn declaration by virtue of section 106 of the Evidence Act this …………………..…… day of ……………………… 20…… before me—
1906.
(a) Full name of declarant.
(b) Address and occupation of declarant.
(c) State whether grantee or assignee.

(d)

Set out the circumstance leading to loss or destruction of grant, and if lost, action taken by declarant to ascertain whereabouts of grant.

Second Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS

ASSIGNMENT OF GRANT OF RIGHT OF BURIAL

ASSIGNMENT/TRANSFER OF OWNERSHIP OF
GRANT OF RIGHT OF BURIAL

Grant No: _______________________ Grave Location No: __________________________ I, (current owner’s full name): _________________________________________________ of (address): _________________________________________________________________
_________________________________________________________________

being the owner of the abovementioned grant hereby assign the grant of right of burial
to—
new owner’s name: ___________________________________________________________

of (address): _______________________________________________________________ _______________________________________________________________
I hereby submit the scheduled fee of $____ as required for transfer of the above mentioned grant, and authorise the Fremantle Cemetery Board to send the assigned grant to the new owner.

___________________________ ___________________________
Signature Signature
(Original Owner) (Assigned Owner)
Date: _____________ Date: ______________
Note: In the event that the current owner of the grant is deceased, then a copy of the probate of the Will of that person must be produced to the Fremantle Cemetery Board in order for the ownership of the grant to be assigned.
(Cemeteries Act 1986 Section 26(3))

(FCB office use only)
Grant No: ____________________ Receipt No: _______________ Date: ____________ Date Grant Register updated: _____________ Date computer updated: __________ Signature of Manager of Client Services: ____________________________________

5664 GOVERNMENT GAZETTE, WA 23 October 2001
Third Schedule
Application No.
CEMETERIES ACT 1986

FREMANTLE CEMETERY BOARD BY-LAWS
______________

APPLICATION FOR BURIAL & INSTRUCTIONS FOR GRAVE

_______________ ______________ _____________ ___________________

date of death

date of burial

time of burial

(pre-need interment agreement number)

__________________________________________ __________ Male / Female

surname of deceased other names title

____________ ________ _________________________________________________
date of birth age place of death

_____________________________________________________ _____________________
Last address of deceased Occupation
Details of Service: Private Service:Y/N Chapel Service: Y/N Catering: Y/N (book
direct through Tearooms)
Instructions for Grave
New Grave/Reopening (delete as applicable)

Grant No. for Location Grave No Type:
reopening)
Lawn or Monumental
If a new grave -the Grant is to be posted to: _____ Grantee or ______ Funeral
Director

______________________ ________________

signature of grantee date

_____________________________________________ ___________ ______________

full name of grantee title phone
_____________________________________________________________________________
address of grantee
Declaration for a reopening of a grave (Delete whichever is not applicable)

• I am the person whose name the grant of right of burial was issued.
• I am the personal representative of the holder of the grant
• I am the person acting expressly on behalf of the holders personal
representative

•

None of the above persons are immediately available or ascertainable. I hereby give my authorisation for the above mentioned grave to be re-opened and for the deceased person (mentioned in this application) to be interred into the said grave.

Signature_____________________________________ Date_____________________

_________________________ _____________________ _______________________
name of Minister or person name of Funeral Director Funeral Director
officiating at service conducting service Company / Branch
_________________________ _____________________ _______________________
signature signature date
Office Use

Certification abovenamed deceased, was interred in the above grave on this day.

_____________________ _____________________ _________________
name of funeral clerk signature date

Digging Oversized coffin Chapel— Death certificate / Coroner’s Certificate
Requisition East / West sighted:
received

COSTING: Invoice / Receipt Oversize Interment Grant fee Sat fee Chapel Catering
fee fee
$_______________
Notes:

23 October 2001 GOVERNMENT GAZETTE, WA 5665
Fourth Schedule
Application No.
CEMETERIES ACT 1986
______________

FREMANTLE CEMETERY BOARD BY-LAWS
APPLICATION FOR CREMATION & INSTRUCTIONS
FOR ASHES

_________________ _____________ ________________ ________________ ____________________
date of application date of death date of cremation time of cremation (pre-need cremation agreement number)

______________________________________________________ __________ Male / Female

surname of deceased other names title

____________ ________ ____________________________________________________
date of birth age place of death

_____________________________________________________ ______________________
Last address of deceased Occupation

Administrator’s Instruction for Ashes
_____ hold ashes and post information brochures to be sent to Administrator after

service
_____ ashes to be collected by Funeral Director. Preferred collection date ______
_____ ashes to be collected by Administrator (please telephone giving 24 hours
notice before collection)

_____ ashes to be posted to: ___________________________________________________
_____ ashes not required. Administrator authorises Cemetery to immediately
dispose of ashes within Cemetery grounds.

_____ ashes to be interred in grave/memorial garden—Location/no.________________

__________________________ ________________

signature of administrator date
___________________________________

________________ ______________________
full name of administrator

title phone number
______________________________________________________
address of administrator

Details of Service Private service: Y / N (will not appear on notice board)
Catering: Y / N (book direct through Tea Rooms)
Double booking: Y / N

_________________________ _______________________ _______________________
name of Minister or person name of Funeral Director Funeral Director
officiating at service conducting service Company / Branch
_________________________ _____________________ _______________________
signature signature date
Office Use

Certification (Regulation 20 Cremation Act 1929)
I the undersigned, certify that a coffin purporting to contain the above remains have been cremated and a certificate of cremation has been issued on this day.

_____________________ _____________________ _________________
name of funeral clerk signature date

Cremation Cremation Chapel: Date FCB letter sent Ashes reminder
Permit No. Certificate letter
East / West / Central

COSTING: Invoice / Receipt Crem Fee Sat Fee Memorial Catering Other
$_____________ fee

Date plaque Order number Date of witnessing Advised Completed
ordered
Notes:

5666 GOVERNMENT GAZETTE, WA 23 October 2001

Fifth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
CERTIFICATE OF IDENTIFICATION

I, .........................................................................................................................................
of.........................................................................................................................................
hereby certify that on the ……………day of ................................... 20..… at …………
I identified the body of the deceased person as that of....................................................
The body was in a coffin bearing the name plate/inscription marked—
............................................................................................................................................
SIGNED: ...................................................
WITNESS: ................................................

Sixth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
CERTIFICATE DISPENSING WITH IDENTIFICATION

I, .........................................................................................................................................
of.........................................................................................................................................
the Funeral Director engaged to arrange the funeral of the body of
............................................................................................................................................
certify that—
(a) the body has not been identified because—
*in my opinion, the body is not in a fit state to be viewed

*after reasonable effort I have been unable to have an identification
made;

and

(b)

the body is in a coffin bearing the name plate/inscription marked: .................. ..............................................................................................................................

Dated this …………… day of ...................................................................... 20 …………..
Signed: ...............................................................................................................................
Endorsed by the applicant for the funeral: ......................................................................
(Full name)

Signed: ...............................................................................................................................
(Signature)

(*delete as applicable)

Seventh Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
APPLICATION FOR GRANT OR RENEWAL OF FUNERAL DIRECTOR’S
LICENCE

I, (director’s name) .........................................................................................................of of (company)....................................................................................................................... hereby apply for the issue of a Funeral Director’s licence for the period commencing 1 July _________ and ending 30 June __________ to undertake funerals within the Fremantle Cemetery and in support of such application supply the following particulars—
TO BE COMPLETED BY ALL APPLICANTS
1. Names and address of principal place of business and of all other branches, business names or premises from which business will be carried on (please attach a separate typed sheet if easier)—

1.1 ........................................................................................................................
Tel ..................... Fax ..................... Email .................. Manager........................

23 October 2001 GOVERNMENT GAZETTE, WA 5667
1.2 ........................................................................................................................
Tel ..................... Fax ..................... Email .................. Manager........................
1.3 ........................................................................................................................
Tel ..................... Fax ..................... Email .................. Manager........................
1.4 ........................................................................................................................
Tel ..................... Fax ..................... Email .................. Manager........................
1.5 ........................................................................................................................
Tel ..................... Fax ..................... Email .................. Manager........................
1.6 ........................................................................................................................
Tel ..................... Fax ..................... Email .................. Manager........................
3. Number of years for which Applicant has previously held a Funeral Director’s Licence: …………..
4. Details of offences under the Cemeteries Act, Cremation Act or the Bylaw of any Cemetery for which the Applicant or his or its servants or agents have been convicted ......................................................................................................

5.

application—

Full name, address and position or capacity of the person completing this ..............................................................................................................................

TO BE COMPLETED IF APPLICANT IS A COMPANY
6. (a) Full names and addresses of
(Directors) .....................................................................................................
........................................................................................................................
(Manager) ......................................................................................................
(Secretary) .....................................................................................................

(b) (Registered Office).........................................................................................
........................................................................................................................

TO BE COMPLETED IF APPLICANT IS A PARTNERSHIP

7.
Full names and addresses of ..............................................................................................................................

TO BE COMPLETED IF APPLICANT IS NEITHER COMPANY NOR
PARTNERSHIP

8. Full name and address
..............................................................................................................................
..............................................................................................................................

I/We agree to observe the following conditions on which the grant of any Funeral
Director’s Licence will be made—
1.  Funeral Directors shall observe the Bylaws and Regulations framed by the Fremantle Cemetery Board for the management of the Fremantle Cemetery.
2.  Funeral Directors shall pay to the Fremantle Cemetery Board the appropriated Gazetted charges for all work performed for or at the request of Funeral Directors.
3.  All Funeral Directors shall give their customers a reasonable opportunity to select graves if requested or to take advantage of any special conditions offered by the Fremantle Cemetery Board.

I/WE agree to pay the appropriate fee should a Funeral Director’s Licence be granted pursuant to this application. ! Please invoice our account !! Our cheque is!! enclosed
SIGNATURE(S) ................................................................................................................
BUSINESS NAME ...........................................................................................................
DATE ………………………………..
(FCB office use only)
Date Received: ________ Referred to Board:_________ Date Approved: __________ Date Licence Issued ___________ Invoice No. ___________ Receipt No. __________

5668 GOVERNMENT GAZETTE, WA 23 October 2001

Eighth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAW
FUNERAL DIRECTOR’S LICENCE

Approval for a Funeral Director’s Licence has been granted to—
______________________________________
Premises where licence will be conducted from and trading as—
______________________________________
is hereby approved for one year commencing 1 July ________ to 30 June _______and
the following conditions apply—
1.  Funeral Directors shall observe the By-laws and Regulations framed by the Cemetery Board for the management of the Cemetery.
2.  They shall pay to the Board the Gazetted charges for all work performed through their application, also charges for land, or other charges (gazetted) incurred by them.
3.  They shall give their customers reasonable opportunity to select graves and memorials if requested, or take advantage of any special conditions the Board offers.

Date Issued: _____________
Chairman: __________________ Chief Executive Officer: _____________________

Ninth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAW
APPLICATION FOR SINGLE FUNERAL PERMIT

Name of Applicant ............................................................................................................ details above and in support of such application I declare as follows—
Address .............................................................................................................................
Name of Deceased .............................................................................................................
Date & Time of funeral ....................................................................................................
Cemetery............................................................................................................................
1.  That I have in my possession a doctor’s certificate or coroner’s order, or in the instance of a cremation a “Permit to Cremate”.
2.  That in the event of a Burial

a) I am the holder of the Grant of Right of Burial for the grave

b)

I shall produce to the Board the written consent of the holder of the Grant of Right of Burial for me to exercise the Rights to bury the above named deceased person in the grave.

c)

That without either of the above I will be liable and I indemnify the Board from expenses or damages resulting from the exercise of such Rights.
3. I will complete a Certificate of Identification
4.  That the deceased will be enclosed in a substantial coffin bearing the name of the deceased person stamped (or otherwise indelibly inscribed) in legible characters on a metal plate on the coffins lid. (By Law 21)

The casket will be obtained from .....................................................................................

5. That the vehicle used to transport the body and coffin within the cemetery is a suitable vehicle of the following description—

Make ………………………………. Model …………………………… Year ……………

6. In the event of a permit being issued I will comply with all Cemetery By Laws and conditions prescribed by the Board.
I being the abovementioned applicant hereby declare that I have read an understand all conditions detailed in this application for a single funeral permit.
Signature of Applicant ………………………………….. Date ……………….

Office use only

Received ............................................................
Referred to Board .............................................
Date Approved ..................................................
Licence Issued ..................................................

23 October 2001 GOVERNMENT GAZETTE, WA 5669

Tenth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAW
AUTHORITY FOR PLACEMENT OF ASHES

APPLICATION NO.
……………….. NOTE: Please enclose remittance for total cost as we cannot allocate a memorial location or order a plaque until full payment has been received. this order must be signed by the person to whom this correspondence was addressed.
Of the Late ........................................................................................................................
Died ……………………………………..………………… Aged ...........................................
To ensure our records are correct please check the above details. Sign where
applicable and return to the office.
Please refer to “Memorial Plaques Scale of Fees” brochure for the following—
Placement of Ashes ...........................................................................................................
Plaque code ..................................................................................... $ …………………….
The family/friends wish to be present at placement No Yes (please tick) $ .………….
(See “Administration Fees” in the above mentioned brochure)
Location of ashes ............................................................................ $ ….…………………
(If other than Fremantle Cemetery cremation an administration fee is applicable)
Total amount payable $ …..…………….…..
Name of Personal Representative ...................................................................................
Address .............................................................................................................................
Telephone Home ……………….………………...… work ................................................
Signature …………………………………………………..… Date .......................................
Collection by Agent
Please note: THE BOARD WILL NOT RELEASE ASHES TO AN AGENT UNLESS
the following authority is completed in full.
Full name of person collecting .........................................................................................
Signature of person collection ..........................................................................................
Signature of person who authorised cremation ..............................................................
Date ..............................................
Signature .....................................
Date ..............................................

Eleventh Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS

Options
Niche Wall
Memorial Wall
Garden of Remembrance
Ground Niche
Memorial Rose, Tree or Shrub
Family Shrub
Memorial Desk
Granite Seat
Family Grave
Non-standard memorials approved by the Board
Scattering to the Winds
Memorial Gardens
Book of Remembrance

5670 GOVERNMENT GAZETTE, WA 23 October 2001

Twelfth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
MONUMENTAL PERMIT

Date: _____________
Grant Number: _____________
Application Number: _____________
TO THE BOARD: I hereby apply for permission to—

(1) New memorial (4) additional inscription
(2) Renovations and major additions to monument (5) cleaning & painting letters

(3) Renovations and small additions to monument in existing monument
on the grave of the late_________________________________________________________
which is located as follows—
Lawn / Monumental Section: ________________ Grave No. _________
(Grave type)

in accordance with the following plan and specifications

Note: All plans and specifications of memorials submitted must be carefully drawn and fully dimensional and all materials specified. All description to be in block letters. All ornaments etc to be shown and dimensions. Size of dowels and dowel holes to be specified.
Note: The Board accept no responsibility whatsoever for the correctness or otherwise of any or all information contained in this form or the plans, specifications or other documents submitted with this form.
The Board further state that they accept no responsibility whatsoever to ensure that he work the subject of this application for permission (“the work”) is carried out in accordance with the information contained in the documentation referred to herein, nor if that information is found to be incorrect or otherwise do they accept any responsibility whatsoever to ensure that the work is carried out correctly.
I, ____________________________ hereby certify that I am authorised as/by the holder
(BLOCK LETTERS GRANTEE OR REPRESENTATIVE)

of the certificate of right of burial for the abovementioned grave to approve erection of the memorial detailed herein. I hereby agree to comply with the Acts, regulations, by-laws and resolutions relative to such permission.
The work will cost $_______________ Signed_________________ Cemetery fee _______ To be completed by Monumental Mason—Signed _________________________________ Name: _____________________________________ Firm: ____________________________
(BLOCK LETTERS)

Address ______________________________________________________________________

FREMANTLE CEMETERY BOARD—OFFICE USE ONLY

Permission Granted/Not Granted ________________ FCB Receipt Number: _________

Thirteenth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
APPLICATION FOR MONUMENTAL MASON’S LICENCE
Application for Monumental Masons Licence or Renewal of Licence

I, (name) ____________________________________________________________________ of (company) _________________________________________________________________ hereby apply for the issue of a Monumental Mason’s licence for the period commencing 1 July ______ and ending 30 June __________ to undertake monumental work within the Fremantle Cemetery and in support of such application supply the following particulars—

23 October 2001 GOVERNMENT GAZETTE, WA 5671
TO BE COMPLETED BY ALL APPLICANTS

1.
will be carried on—
1.1 ...............................................................................................................................
Tel ......................................................................... Fax …………………………………
Email ....................................................................Mobile………………………………
Business names and addresses of all branches or premises from which business Tel ……………..… Fax ………………….. Email …………….… Mobile ………….…..
2.     Postal address (if different from above)— .....................................................................................................................................
3.     Number of years for which Applicant has previously held a Monumental Mason’s Licence: .......................................................................................................................
4.     Details of offences under the Cemeteries Act, Cremation Act or the Bylaw of any Cemetery for which the Applicant or his or its servants or agents have been convicted—
.....................................................................................................................................

5.

application—

Full name, address and position or capacity of the person completing this .....................................................................................................................................
TO BE COMPLETED IF APPLICANT IS A COMPANY

6. (a)
(Directors) ............................................................................................................
..............................................................................................................................

Full names and addresses of (Secretary) ...........................................................................................................
(c) (Registered Office) ...............................................................................................
..............................................................................................................................
TO BE COMPLETED IF APPLICANT IS A PARTNERSHIP

7. Full names and addresses of
(Partners) ....................................................................................................................
......................................................................................................................................
TO BE COMPLETED IF APPLICANT IS NEITHER COMPANY NOR
PARTNERSHIP

8. Full name and address
.....................................................................................................................................
.....................................................................................................................................

I/We agree to observe the following conditions on which the grant of any Monumental
Mason’s Licence will be made -
1.     Monumental Masons shall observe the Bylaws and Regulations framed by the Fremantle Cemetery Board for the management of the Fremantle Cemetery.
2.     Monumental Masons shall pay to the Fremantle Cemetery Board the appropriate Gazetted charges for all work performed through their monumental application for permits to erect, renovate and additions to monumental memorials within the Fremantle Cemetery.
3.     I understand this licence may be cancelled by the Fremantle Cemetery Board, subject to my right of appeal.

I/WE agree to pay the appropriate fee should a Monumental Mason’s Licence be granted pursuant to this application. ! Please invoice our account ! Our cheque is enclosed

SIGNATURE(S) ....................................... ...................................................................
BUSINESS NAME ...........................................................................................................
DATE …………………………………

(FCB office use only)
Date Received: …………… Referred to Board:…………. Date Approved: …………… Date Licence Issued ………….…. Invoice No. ……………….. Receipt No. …………..

5672 GOVERNMENT GAZETTE, WA 23 October 2001

Fourteenth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS

Monumental Mason’s Licence

MONUMENTAL MASON’S LICENCE

Approval for a Monumental Mason’s Licence has been granted to—

_______________________________

Premises where licence will be conducted from and trading as—

_________________________________________________

is hereby approved for one year commencing 1 July __________ to 30 June _________
and the following conditions apply—
4.     Monumental Masons shall observe the By-laws and Regulations of the Cemetery Board for the management of the Cemetery.
5.     The Monumental Permit form must be signed by the owner of the Grant of Right of Burial or their representative as required under By-law 47.
6.     Monumental Masons shall pay to the Board the Gazetted charges for all work performed through their application.
7.     All Monumental Permits must be submitted to the Board and approved by the Board prior to any monumental work commencing.

Date Issued:
Chairman__________________________ Chief Executive Officer___________________

Fifteenth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
APPLICATION FOR SINGLE MONUMENTAL WORK PERMIT

I, ............................................................... ...................................................................

(name) apply for a Single Monumental Permit and agree to observe the following conditions (address)
1      I shall observe the By-Laws and Regulations formed by the Cemetery Board for the management of the Cemetery.
2      I shall pay to the Board the Gazetted charges for all work performed through this monumental application to erect a monumental memorial within the Cemetery.
3      I understand that this permit may be cancelled by the Board subject to my right of appeal.

Monumental By-Laws enclosed.
Signature .....................................
Date ..............................................
(FCB office use only)
Application No: __________ Refer to Board:_____________ Approved: ___________ Permit Issued _________________________ Receipt No. ________________________

Sixteenth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS

Item Clause Nature Of Offence Modified
No. Penalty

1. 47 Unauthorised monumental works $100.00
2. 60 Non-removal of rubbish and surplus material $80.00
3. 61 Unauthorised removals from cemetery $80.00
4. 72(1) (a) & (b) Excessive speed $60.00
5. 72(1)(c), (d), (e) Unauthorised use—driving, parking, or
72 (2) standing of vehicle $40.00
6. 73 Animal at large $40.00
7. 74 Unauthorised fireworks or firearms $100.00

23 October 2001 GOVERNMENT GAZETTE, WA 5673

Item Clause Nature Of Offence Modified
No. Penalty

8. 75 Unauthorised removal of property $80.00
9. 74 Unauthorised advertising. and/or trading $80.00
10. 78 Dumping of rubbish $100.00
11. 79 Committing nuisance $40.00
12. 80 Entry out of hours $50.00
13. 81 Unauthorised swimming or fishing $50.00
14. 82 Unauthorised filming $50.00
15. 83 Unauthorised camping $100.00
16. 82 Unauthorised lighting of fires $100.00
17. 85 Disobeying lawful signs $50.00
18. Any other offence $40.00

Seventeenth Schedule
CEMETERIES ACT 1986

FREMANTLE CEMETERY BOARD BY-LAWS
INFRINGEMENT NOTICE PART 1
TO: .....................................................................................................................................
(Name)
............................................................................................................................................
(Address)

It is alleged that at …………………… am/pm on ……………………………………………
day of ……………………… 20 ……………………………… at ………………….
You committed the offence indicated by an ‘X’ in breach of the Fremantle Cemetery
Board By-law clause number.
……………………………………………………
Authorised Officer

Offence Offence

! Animal at large ! Excessive Speed in vehicle
! Entry out of hours ! Unauthorised vehicle use
! Swimming or fishing ! Unauthorised removal of property
! Disobeying lawful signs ! Unauthorised advertising or trading

! Unauthorised filming ! Dumping rubbish
! Unauthorised camping ! Committing a nuisance
! Non-removal of rubbish ! Unauthorised fireworks/firearms

! Unauthorised removal of materials ! Unauthorised Monumental Work
! Other offences
Penalty $
You may dispose of this matter—
By payment of the penalty as shown within 21 days of this notice to the Fremantle Cemetery Board, Carrington Street, Palmyra between the hours of 8.30am and 5.00pm Monday to Friday

If neither the prescribed penalty is paid nor representation is made within the time should be addressed to the Chief Executive Officer, PO Box 222, Palmyra WA 6957 Do not detach. Please complete Part 2 and present this notice intact when making payment.
specified, Court proceedings may be instituted against you.

Seventeenth Schedule
CEMETERIES ACT 1986

FREMANTLE CEMETERY BOARD BY-LAWS
INFRINGEMENT NOTICE PART 2
TO: .....................................................................................................................................
(Name)
............................................................................................................................................
(Address)

It is alleged that at …………………… am/pm on …………………………………………… day of ……………………… 20 ……………………………… at ………………….

5674 GOVERNMENT GAZETTE, WA 23 October 2001
You committed the offence indicated by an ‘X’ in breach of the Fremantle Cemetery
Board By-law clause number.
……………………………………………………
Authorised Officer

Offence Offence

! Animal at large ! Excessive Speed in vehicle
! Animal at large ! Excessive Speed in vehicle
! Entry out of hours ! Unauthorised vehicle use
! Swimming or fishing ! Unauthorised removal of property
! Disobeying lawful signs ! Unauthorised advertising or trading

! Unauthorised filming ! Dumping rubbish
! Unauthorised camping ! Committing a nuisance
! Non-removal of rubbish ! Unauthorised fireworks/firearms
! Unauthorised removal of materials ! Other offences

! Unauthorised Monumental Work

Penalty $
I: ........................................................................................................................................

(Name)
of ........................................................................................................................................
(Address)

tender herewith the sum of ………………………………. (insert amount) in settlement
of the penalty for the above offence.
……………………… (insert “cash”, “Cheque”) being the penalty for such an offence.
……………………………………. Dated ………………………………………….. Signature

*Please register Notes or Cash otherwise mail is at sender’s risk.

Eighteenth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
WITHDRAWAL OF INFRINGEMENT NOTICE

No …………..
Date …./…./….

TO (1): ...........................................................................................................................
...........................................................................................................................
Infringement Notice No. …….. dated …/…./... for the alleged offence of (2) ……………
............................................................................................................................................
Penalty (3) $ ……………………….. is hereby withdrawn.
(Delete whichever does not apply)
• No further action will be taken.

• It is proposed to institute court proceedings for the alleged offence.
(1) Insert name and address of alleged offender
(2) Insert short particulars of offence alleged.
(3) Insert amount of penalty prescribed.

Nineteenth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
ASSIGNMENT OF OWNERSHIP OF GRANT OF RIGHT OF BURIAL
(Cemeteries Act 1986 Section 26)
Western Australia
The Evidence Act, 1906
STATUTORY DECLARATION

I, .................................................................................. ...............................................
(print full name) (occupation)

of .......................................................................................................................................

(address)

23 October 2001 GOVERNMENT GAZETTE, WA 5675
in the State of Western Australia, do solemnly and sincerely declare that—
1.  I am applying to the Fremantle Cemetery Board for a assignment of the Grant of Right of Burial No. ………………..
2. I am unable to effect an assignment in accordance with Section 26 of the Act.
3.  I certify that there is no other person with equal or greater interest in the graves which are covered by this grant that will object to the assignment of this Grant in my name.
4.  I and my personal representative indemnify the Fremantle Cemetery Board against costs or litigation resulting in the assignment of this Grant.

I make this solemn declaration by virtue of section 106 of the Evidence Act 1906.

)

Declared at …………………………………… )

(suburb) )
………………………………………

in the State of Western Australia, this )
(signature)
)

………….. day of ……………………… 2001
)

Before me …………………………………………
(JP or CD print full name)

Justice of Peace / Commissioner for Declarations

Twentieth Schedule
CEMETERIES ACT 1986
FREMANTLE CEMETERY BOARD BY-LAWS
APPLICATION FOR PRE-NEED CREMATION CERTIFICATE

I hereby apply for a Certificate of Pre-need Cremation in accordance with the Board’s policy and schedule of fees, charges and enclose the sum of $

Particulars of Applicant

Full Name: ........................................................................................................................
Previous Name of Names (if any) ....................................................................................
............................................................................................................................................
Address .............................................................................................................................
............................................................................................................................................
Occupation ........................................................................................................................
Date of Birth .....................................................................................................................
Marital Status ..................................................................................................................
Religious Affiliation (if any) .............................................................................................
Signature of Applicant .....................................................................................................
Date ...................................................................................................................................
OFFICE USE ONLY
Cert. No. ...................................................
Receipt No. ...............................................
Approved by .............................................

Twenty First Schedule
CEMETERIES ACT 1986

FREMANTLE CEMETERY BOARD BY-LAWS
APPLICATION FOR PRE-NEED INTERMENT CERTIFICATE

I hereby apply for a Certificate of Pre-need Interment in accordance with the Board’s policy and schedule of fees, charges and enclose the sum of $

Particulars of Applicant

Full Name: ........................................................................................................................
Previous Name of Names (if any) ....................................................................................
............................................................................................................................................
Address .............................................................................................................................
............................................................................................................................................
Occupation ........................................................................................................................

5676 GOVERNMENT GAZETTE, WA 23 October 2001
Date of Birth .....................................................................................................................
Marital Status ..................................................................................................................
Religious Affiliation (if any) .............................................................................................
Signature of Applicant .....................................................................................................
Date ...................................................................................................................................
OFFICE USE ONLY
Cert. No. ...................................................
Receipt No. ...............................................
Pre-purchase Location: (if applicable) ..........................
Approved by .............................................
Date: .........................................................

Twenty Second Schedule
CEMETERIES ACT 1986

FREMANTLE CEMETERY BOARD BY-LAWS

Fremantle Cemetery Board

FUNERAL DIRECTORS—GRAVE DIGGING REQUISITION

Funeral Director: ........................................... Branch:..................................................
Contact Name: ............................................... Phone: ...................................................
Name of Deceased:.........................................
Date of Funeral:.............................................
Time of Funeral: ............................................
Grave Location/No:........................................ New Grave! Reopen! Preselected!

OR (tick if applicable) (tick one box only)

Grave Location/No. to be advised !

Coffin Size Details

Tick Box Indicating
coffin shape

STANDARD COFFIN

!
SQUARE

CASKET !

Maximum Coffin Sizes

Standard: Coffin Shape 2040mm × 640mm at shoulders
Oversize Coffin Shape 2100mm × 680mm at shoulders
Square Casket 2100mm × 690mm
Oversize Batesville Square 2190mm × 725mm

Child 1480mm × 520mm at shoulders
Baby 1100mm × 400mm at shoulders

Please indicate the exact coffin dimensions in the space provided below.

………………. mm ………………. mm !

Coffin Length Coffin Width Child/Infants Coffin (tick if applicable)
I hereby request the Fremantle Cemetery Board to dig a grave (at the location as stated) for interment of the coffin size as indicated on this form.
............................................ .......................................................... ..............................

Signature of Arranger Name of Arranger Date
(FCB office use only)
Grave digging order
issued on ………..…..….. grave size ………..….. clerks signature …..….…………..

23 October 2001 GOVERNMENT GAZETTE, WA 5677
Twenty Third Schedule
CEMETERIES ACT 1986

FREMANTLE CEMETERY BOARD BY-LAWS

Fremantle Cemetery Board
APPLICATION/INSTRUCTION FOR INTERMENT OF

ASHES/BODY IN GRAVE

Name of Applicant: ..........................................................................................................
Address: ..........................................................................................................................
..........................................................................................................................

Name of Deceased: ...........................................................................................................
Grave No./Location: .......................................................
Grant of Right of Burial No: .........................................
Declaration: (Delete whichever is not applicable)
I hereby certify that I am the applicant for this interment and have the authority for the use of the above mentioned grave as—

(a) I am the person whose name the Grant of Right of Burial was issued.
(b) I am the personal representative of the holder of the Grant of Right of Burial.
(c) I am the person acting expressly on behalf of the Grant of Right of Burial holder’s personal representative.
(d) None of the above persons are immediately available or ascertainable and I hereby authorise the use of the above-mentioned grave for interment of the remains of the above mentioned deceased.

In making this declaration I hereby indemnify the Fremantle Cemetery Board in the event that there is a dispute over the interment of the ashes/or body of the above- mentioned deceased.
Signature of applicant .....................................................................................................
Date ....................................................
(FCB office use only)
Reference No. ……………..…..
Grant No. ………..…………..... Owner of Grant …..….………………………..……..

The By-laws were adopted by members of the Fremantle Cemetery Board at a duly convened meeting of the Board held on 26 July 2001.
Given under the Common Seal of the Fremantle Cemetery Board by authority of the
Board.
RALPH H. FARDON, Chairman.
BRIAN J. ADAMS, Chief Executive Officer.

PART I	PRELIMINARY
PART II	ADMINISTRATION
PART III	RIGHT OF BURIAL
PART IV	APPLICATIONS FOR FUNERALS— Division 1 Application Division 2 Time for Funerals
PART V	FUNERAL DIRECTORS
PART VI	SINGLE FUNERAL PERMITS
PART VII	FUNERALS Division 1 General Division 2 Cremation Division 3 Placement of Ashes Division 4 Burial
PART VIII	MONUMENTAL AND OTHER WORK Division 1 Permission for Monumental Work Division 2 Lawn Section Division 3 Memorial Plaque Section Division 4 General Division 5 Licensing of Monumental masons Division 6 Single Monumental Work permit
PART IX	GENERAL
PART X	OFFENCES AND MODIFIED PENALTIES

(a)	a person issued with a grant by the Board under clause 7 or clause 9;
(b)	a person for the time being appearing to the Board to be the holder of a grant;

(a)	a plan of the Cemetery showing the location and identifying number of every burial place or grave and the distribution of the land, compartments and sections;
(b)	a register containing the identification numbers of graves and the names and description of the persons buried;

(a)	to bury one or more dead bodies, or the ashes of one or more dead bodies in the grave specified in the grant; and
(b)	to carry out monumental works on the grave specified in the grant.

(e)	a person acting expressly on behalf of the holder’s personal representative; or
(f)	where no one described in paragraphs (d) or (e) is available or immediately ascertainable, any other person,

(a)	make an application to the Board in the form prescribed in the Fourth Schedule; and
(b)	lodge with the application referred to in paragraph (a) a permit to cremate issued in accordance with the Cremation Act 1929.

(a)	in the opinion of the Funeral Director, the dead body is not in a fit state to be viewed; or
(b)	after reasonable effort the Funeral Director is unable to arrange for a person to identify the dead body.

(a)	all the requirements of— (i) the licence, (ii) these By-laws, (iii) the Act; and
(b)	the conditions imposed by the Board in respect of that licence.

(a)	the holder of the licence or any employee has committed a breach of these By-laws, the Act, the Cremation Act 1927 or any of the conditions upon which the licence was issued;
(b)	in the opinion of the Board, the conduct of the holder of the Funeral Director’s licence or any employee of the holder in directing or attempting to direct any funeral within the Cemetery is inappropriate or unbecoming.
(c)	the holder of the Funeral Director’s licence has purported to transfer the licence issued to that holder,
(d)	the Funeral Director’s licence was issued erroneously or in consequence of a false or fraudulent document, statement or representation;
(e)	the fee for the Funeral Director’s licence is due and unpaid;
(f)	the holder of the Funeral Director’s licence is convicted of an offence against this Act or these By-laws; or
(g)	the Board is no longer satisfied that the holder of the Funeral Director’s licence has suitable facilities and equipment for handling and storing dead bodies and conducting funerals.
(h)	the Board considers a criminal conviction against the Funeral Director is sufficiently serious to warrant cancellation;

(a)	has not given directions for the placement of ashes in the application for a cremation referred to in clause 16; or
(b)	wishes to vary the directions for the placement of ashes specified in the application for cremation referred to in clause 16,

(a)	the person requesting the placement of the ashes has the permission of the Board; and
(b)

(a)	any monumental work commemorating the deceased person is in accordance with Part VIII of these By-laws;
(b)	the ashes are not deposited in a niche wall; and
(c)	the person requesting the placement of the ashes has the approval of the Board.

(a)	the exhumation is ordered or authorised pursuant to the Act; or
(b)	the holder of the grant of right of burial has applied in writing to the Board requesting the exhumation and the Board has authorised the exhumation.

(a)	unless the monumental work has first been approved by the Board;
(b)	except in accordance with the plans and specifications approved by the Board; and

(a)	may, without the approval of the Board, carry out monumental work on a military grave; and
(b)	is not required to pay the set fee for any monumental work that is carried out on a military grave.

(a)	the plans and specifications of the proposed monumental work, including precise details of all words, designs and pictures intended to be inscribed on or attached to the monumental work;
(b)	if the applicant is not the holder of the grant in respect of the grave on which the work is to be carried out, the written consent of the holder; and

(a)	be made of admiralty bronze or any other material approved by the Board.
(b)	not be less than the dimensions 380mm x 280mm, nor more than 560mm x 350mm; and

(a)	not exceed 50mm in thickness placed upon a base mounting approved by the Board; or
(b)	not be less than 100mm in thickness if it is not to be placed upon a base mounting.

(a)	be prepared as far as practicable before being brought into the Cemetery; and
(b)	be admitted at such entrances of the Cemetery and at such times as the Chief Executive Officer may direct.

(a)	That the holder of the licence has committed a breach of these By-laws, the Cemeteries Act, the Occupational Health Safety and Welfare Act or any of the conditions upon which the licence was issued;
(b)	That, in the opinion of the Board, the conduct of the holder of the licence or any person in the employ of that holder in carrying out or attempting to carry out any works within the Cemetery, is inappropriate or unbecoming; or
(c)	That the holder of the licence has purported to transfer the licence to that holder.
(d)	Upon determination of a Monumental Mason’s licence under this clause no part of any fee paid for the issue of that licence is refundable by the Board.

(a)	if the standing or parking of vehicles on that part is prohibited at all times by a sign; or
(b)	so as to cause an obstruction to or impede the flow of traffic.

First	Declaration of Ownership of Missing Grant of Right of Burial
Second	Assignment/Transfer of Grant of Right of Burial
Third	Application for Burial and Instruction for Grave
Fourth	Application for Cremation and Instruction for Ashes
Fifth	Certificate of Identification
Sixth	Certificate Dispensing With Identification
Seventh	Application for Grant or Renewal of Funeral Directors Licence
Eighth	Funeral Director’s Licence
Ninth	Application for Single Funeral Permit
Tenth	Authority for Placement of Ashes
Eleventh	Options
Twelfth	Monumental Permit
Thirteenth	Application for Monumental Mason’s Licence
Fourteenth	Monumental Mason’s Licence
Fifteenth	Application for Single Monumental Permit
Sixteenth	List of Penalties
Seventeenth	Infringement Notice Part 1 Infringement Notice Part 2
Eighteenth	Withdrawal of Infringement Notice
Nineteenth	Assignment of Ownership of Grant of Right of Burial
Twentieth	Application for Pre-Need Cremation Certificate
Twenty First	Application for Pre-Need Interment Certificate
Twenty Second	Grave Digging Requisition
Twenty Three	Application for Interment of Ashes/Body in Grave

___________________________	___________________________
Signature	Signature
(Original Owner)	(Assigned Owner)
Date: _____________	Date: ______________

_______________	______________	_____________	___________________
date of death	date of burial	time of burial	(pre-need interment agreement number)

surname of deceased	other names	title
____________	________	_________________________________________________
date of birth	age	place of death

_____________________________________________________	_____________________
Last address of deceased	Occupation

Grant No. for	Location	Grave No	Type:
reopening)
Lawn or Monumental

______________________	________________
signature of grantee	date

_____________________________________________	___________	______________
full name of grantee	title	phone

•	I am the person whose name the grant of right of burial was issued.
•	I am the personal representative of the holder of the grant