Local Government (Exhumation of Human Remains) Regulations 2005 (SA)

South Australia

Local Government (Exhumation of Human Remains) Regulations 2005

under the Local Government Act 1934

1Short title

These regulations may be cited as the Local Government (Exhumation of Human Remains) Regulations 2005.

2Commencement

These regulations come into operation on the day on which they are made.

3Exhumation of human remains

1. (1)

   Subject to subregulation (2), a person must not cause, suffer or permit non cremated human remains to be exhumed or removed from their place of interment without the consent in writing of the Attorney-General.

   Maximum penalty: $200.

2. (2)

   Subregulation (1) does not apply where a warrant has been issued under the Coroners Act 2003 for the exhumation of human remains.

3. (3)

   The Attorney-General must, before giving a consent under subregulation (1), consult with—

   1. (a)

      in the case of human remains interred in a cemetery—the relevant cemetery authority; or

   2. (b)

      in any other case—the Minister for Health.

4. (4)

   The Attorney-General must, before giving a consent under subregulation (1) in relation to human remains not interred in a coffin or vault, also consult with the Minister for Aboriginal Affairs and Reconciliation.

5. (5)

   A consent under this regulation may be made subject to such conditions as the Attorney-General thinks fit.

6. (6)

   A person must not contravene, or fail to comply with, a condition of a consent under this regulation.

   Maximum penalty: $200.

7. (7)

   In this regulation—

   cemetery authority means the person or body for the time being responsible for the administration of a cemetery;

   exhumation includes the removal of non cremated human remains from a vault;

   human remains means the body or part of the body of a deceased person.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

  The Local Government (Exhumation of Human Remains) Regulations 2005 were revoked by r 3 of the Local Government Revocation Regulations 2014 on 1.2.2014.

  Principal regulations

  Year	No	Reference	Commencement
  2005	213	Gazette 13.10.2005 p3700	13.10.2005: r 2