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Cemeteries Bylaw 2019

The purpose of this bylaw is to provide for the efficient management and maintenance of cemeteries under the Council’s control. It covers matters such as the requirements for interment, disinterment, purchasing an exclusive right of burial, work in cemeteries, tributes, maintenance of cemeteries, operating hours, conduct and misconduct in cemeteries. The bylaw enables Council to meet its obligations under the Burial and Cremation Act 1964. The bylaw does not regulate activities in private cemeteries or urupa.

Relevant documents

Bylaw and Policy Review 2019 - Statement of Proposal (1MB pdf)

Draft Cemeteries Bylaw - Clean Version (434KB pdf)

Draft Cemeteries Bylaw - Tracked Changes (446KB pdf)

Table of all Proposed Changes to the Cemeteries Bylaw (240KB pdf)

Make a submission on the Cemeteries Bylaw 2019

Click here to make an online submission, or alternatively download the Cemeteries Bylaw Submission Form (245KB pdf).

Key changes proposed to the bylaw through this review include:

  1. Insertion of new definitions of terms that are used throughout the bylaw to aid understanding.
  2. Insertion of a new section in the bylaw that gives Council the ability to set aside areas within cemeteries for certain uses such as lawn cemeteries and memorial ashes gardens and to set monument standards and other controls that are specific to these areas.
  3. Separation of clauses relating to applications for an interment instruction and warrant from those relating to the purchase of an exclusive right of burial.
  4. Amendments to the section on disinterment to separate those clauses that relate to the disinterment of a body or remains of a body from those relating to the disinterment of ashes.
  5. A new requirement that those holding an exclusive right of burial notify Council of any change in address.
  6. A new requirement that installers of new monuments display their identification mark in a visible location on the monument.
  7. Insertion of a new section that sets out the cemetery operating hours.
  8. Amendments to the list of activities that constitute an offence to include:
    1. digging any ground or disturbing vegetation without Council’s prior approval; or
    2. flying an unmanned aerial vehicle in or over a Cemetery, without Council’s prior approval
    And to exclude:
    1. consume any alcohol in a Cemetery;
    2. enter any Cemetery during the hours of darkness; or
    3. do anything that is a breach of the Council’s Cemetery Policy.
  9. Insert a new clause within Schedule 1 (Headstone and Monument Regulations) that specifies Council’s dimension standards for plaques.