AUSTRALIAN CAPITAL TERRITORY

Canberra Public Cemeteries Regulations
in force under the
Cemeteries Act 1933
Republication No 2A
As in force on 30 September 1999
Includes all amendments up to Subordinate Law 1998 No 18

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
30 September 1999

AUSTRALIAN CAPITAL TERRITORY

Canberra Public Cemeteries Regulations
in force under the
Cemeteries Act 1933
CONTENTS
	Page
	1	Citation	1
	2	Interpretation	1
	3	Meetings of trustees	2
	4	Seal of the trustees	2
	5	Secretary	2
	6	Fees	3
	10	Office hours	3
	11	Public cemetery hours	4
	12	Time of burial	4
	13	Notice board	4
	14	Plans of public cemeteries	4
	15	Exclusive rights to burial	4
	15A	Duration of exclusive rights in Gungahlin Cemetery	5
	16	Register of allotments, burials etc	6
	17	Inspection of register	6
	18	Permit for burial	6
	19	Certificate of death	6
	20	Notice to the groundsperson	6

	21	Digging graves	7
	22	Additional burials	7
	23	Burials in vaults	7
	24	Number of burials in an allotment	7
	24A	One burial only in an allotment set apart for burial of body
		 of deceased member of Defence Force	8
	25	Removal of dead body	8
	26	Design and construction of monuments	8
	27	Alterations or renewals of monuments, inscriptions etc	8
	27A	Lawn burial areas	8
	28	Planting of trees, covering of graves etc	9
	29	Workers to leave grounds in a tidy condition	9
	30	Certain vehicles not to be used in public cemetery	9
	31	Interference with allotments	9
	32	Traffic	9
	33	Offences	10
	34	Removal of offenders	10
	35	Penalty	10
	Schedule 1
	DESIGN OF TRUSTEES’ SEAL	11
	ENDNOTES
	1	About this republication	12
	2	About the republished subordinate law	12
	3	Abbreviation key	12
	4	Table of legislation	13
	5	Table of amendments	13
	6	Table of earlier republications	15

As in force on
30 September 1999

AUSTRALIAN CAPITAL TERRITORY

Canberra Public Cemeteries Regulations
in force under the
Cemeteries Act 1933
1 	Citation
	These regulations may be cited as the Canberra Public Cemeteries Regulations.
2 	Interpretation
(1) 	In these regulations, unless the contrary intention appears—
Act  means the Cemeteries Act 1933.
Canberra public cemeteries means the public cemeteries in the Territory.
grave means any burial place formed in the ground by excavation, and without any internal wall of brickwork or stonework, or any other artificial lining.
lawn burial area means an area set apart as a lawn burial area in pursuance of these regulations.
secretary means the public servant for the time being performing the functions of secretary to the trustees of the Canberra public cemeteries.
the groundsperson, in relation to a public cemetery, means a person appointed to be the groundsperson in respect of that public cemetery.

the trustees means the persons appointed to be the trustees of the Canberra public cemeteries.
vault means a place of any description for the burial or entombment of a dead body, whether above or below ground, other than a grave.
 (2) 	In these regulations, any reference to a schedule shall be read as a reference to a schedule to these regulations.
3 	Meetings of trustees
(1) 	The trustees shall hold such meetings as, in the opinion of the chairperson, or of at least 3 other trustees, are necessary for the efficient conduct of their affairs.
(1A) 	Notice in writing of each meeting shall be given to each trustee by the chairperson or by the trustees convening the meeting, as the case may be.
(2) 	At meetings of the trustees, a majority of trustees shall form a quorum, and the chairperson shall have a deliberative vote and, in the event of an equality of votes, a casting vote.
(3) 	In the case of the illness or absence of the chairperson, the trustees present shall appoint one of their number to act as chairperson.
(5) 	The secretary shall keep minutes of the proceedings of all meetings of the trustees.
4 	Seal of the trustees
(1) 	The seal of the trustees shall be in accordance with the design set out in Schedule 1.
(2) 	The seal shall always be deposited at the office of the trustees and shall not be affixed to any instrument or document except in pursuance of a resolution of the trustees and in the presence of 2 of the trustees, who shall sign the instrument or document.
(3)	However, a person dealing with the trustees shall not be bound or concerned to see or inquire as to the authority under which any instrument or document is sealed or as to whether the seal was affixed to that instrument or document, or that instrument or document was signed, as required by this regulation.
5 	Secretary
(1) 	There shall be a secretary to the trustees of the Canberra public cemeteries.
(1A) 	The chief executive shall create and maintain an office in the government service whose duties include performing the functions of the secretary to the trustees of the Canberra public cemeteries.
(1B) 	The secretary shall be the public servant for the time being performing the duties of the government service office referred to in subregulation (1A).
(2) 	In addition to such other duties as are imposed on him or her by these regulations or by the trustees, the secretary shall, unless otherwise directed by the trustees, have charge of the books and papers and other property of the trustees.
6 	Fees
(1) 	The fee determined in respect of a specified matter is payable in respect of that service or matter.
(2) 	Determined fees shall be paid to the trustees at the office of the trustees, and the trustees shall cause a receipt to be given for them.
(3) 	A statement in writing that any amount is due under these regulations in respect of a determined fee, purporting to be signed by the chairperson of the trustees or the secretary, shall be prima facie evidence that that amount is so due.
(4) 	The trustees may at their discretion remit wholly or in part, or postpone payment of, any fees payable under these regulations.
(5) 	For the purposes of subregulation (4), the trustees may require any person by whom any fee is payable under these regulations to tender such documents and other information as, in the opinion of the trustees, are necessary in order to ascertain the ability of that person to pay that fee.
(6) 	Any fees payable under these regulations shall be a debt due to the trustees and may be recovered in any court of competent jurisdiction.
(7) 	Where—
	(a)	in relation to a burial or to an interment of ashes, a person has paid the fee determined in respect of the provision of a plaque; and
	(b)	a headstone is erected on the allotment in which that burial or interment took place within the period of 2 years commencing on the day on which the burial or interment took place;
the trustees shall, on the application of the person referred to in paragraph (a), refund to the person the amount fixed in respect of the provision of a plaque.
10 	Office hours
(1) 	Subject to subregulation (2), the office of the trustees shall be open during the following hours:
	Mondays to Fridays—10 am to 12.30 pm
	1.30 pm to 4 pm.
(2) 	The office of the trustees shall not be open on any day observed as a holiday in the Australian Public Service in the Australian Capital Territory.
11 	Public cemetery hours
	Each public cemetery shall be open to the public during the following hours:
	Mondays to Saturdays—8 am to 4.45 pm
	Sundays—8 am to 5.30 pm.
12 	Time of burial
(1)	Each public cemetery shall be open for the burial of the dead between the following hours:
	10 am to 12 noon
	2 pm to 4 pm.
(2)	However, the chairperson of the trustees may, upon application by any person, permit a burial to take place at any time during which a public cemetery is open to the public.
13 	Notice board
	The trustees shall erect in a conspicuous part of each public cemetery, and maintain in good order, a notice board indicating—
	(a)	the name of the public cemetery; and
	(b)	the hours during which the public cemetery is open to the public; and
	(c)	the name of the secretary; and
	(d)	the address of the office of the trustees.
14 	Plans of public cemeteries
(1) 	The trustees shall cause plans to be prepared showing a layout and detailed subdivision of each public cemetery.
(2) 	The plans referred to in subregulation (1) shall be kept at the office of the trustees.
(3) 	A copy of the plan of a public cemetery shall be kept at the public cemetery.
15 	Exclusive rights to burial
(1) 	A person who desires to obtain the exclusive right of burial in any specified allotment in a public cemetery shall make an application to the secretary for the grant of that right.
(2) 	An application under subregulation (1) shall not be made for or on behalf of any other person by an undertaker or funeral director.
(3) 	Where the trustees have set apart and granted the exclusive right of burial in any specified allotment, the secretary shall, upon payment of the determined fee, issue to the holder of that right a certificate to that effect.
(4) 	The trustees may, at their discretion, refuse to set apart and grant to any person the exclusive right of burial in more than 1 allotment.
(5) 	An exclusive right of burial may be transferred or transmitted, and the trustees shall, upon production to them, within a reasonable time after the transfer or transmission, of—
	(a)	the certificate of the exclusive right of burial; and
	(b)	proof to their satisfaction of the transfer or transmission, record the transfer or transmission and note it upon the certificate.
(5A) 	The trustees may refuse to record or note a transfer to a person who is already the holder of an exclusive right of burial.
(5B) 	A transfer or transmission of an exclusive right of burial shall not confer any rights against the trustees in respect of the allotment to which the exclusive right relates unless and until it has been noted on the certificate in accordance with subregulation (5).
(6) 	The secretary may, upon being satisfied that a certificate of exclusive right of burial has been lost or destroyed, and upon payment of the determined fee, issue a duplicate certificate.
(7) 	The trustees may in their discretion accept the surrender of any exclusive right of burial, and may refund to the holder so surrendering his or her right a sum equal to 3/4 of the fee paid in respect thereof.
15A 	Duration of exclusive rights in Gungahlin Cemetery
(1) 	An exclusive right of burial granted under regulation 15 in any specified allotment in the public cemetery known as Gungahlin Cemetery shall, unless it is sooner surrendered, expire on the expiration of a period of 25 years after the date on which it was so granted but may, upon application made by the holder of the right in accordance with this regulation, be renewed for a period of 25 years from the date of expiration of the right or of the last period of renewal, as the case may be.
(2) 	An application for renewal of an exclusive right of burial shall be in writing and lodged with the secretary together with the determined fee before the date of expiration of the right or of the last period of renewal.
(3) 	Where an exclusive right of burial has been renewed under this regulation, the secretary shall—
	(a)	note particulars of the renewal on the certificate issued to the holder of the right in pursuance of subregulation 15 (3); and
	(b)	enter those particulars in the register referred to in regulation 16.
16 	Register of allotments, burials etc
	The trustees shall cause a register to be kept in which shall be entered—
	(a)	particulars of the subdivision of each portion of each public cemetery, and the appropriate number of each allotment, together with the name and address of any person to whom any exclusive right of burial has been set apart and granted; and
	(b)	immediately after any burial, the name, description, and late address of the person buried, the date of burial, and the number of and particulars identifying the allotment; and
	(c)	particulars of the burial of any stillborn child.
17 	Inspection of register
(1) 	The register referred to in regulation 16 shall be open to inspection at any time during office hours.
(2) 	The secretary shall, upon payment of the determined fee, furnish a copy of any entry in the register.
18 	Permit for burial
(1) 	A person shall not bury any dead body in a public cemetery unless a permit has been obtained from the secretary.
(2) 	On Sundays and holidays permits for burial may be issued by the groundsperson.
19 	Certificate of death
	A permit for burial shall not be issued except on production of—
	(a)	the certificate of death issued in pursuance of the provisions of the Births, Deaths and Marriages Registration Act 1997; and
	(ab)	a certificate issued by a Coroner authorising the burial of the body of the deceased; and
	(b)	particulars of the length, breadth, and depth of the coffin.
20 	Notice to the groundsperson
(1)	At least 12 hours notice of the time for any burial shall be given to the secretary, and the permit provided for in regulation 18 shall be delivered to the groundsperson at least 8 hours before the time fixed for the burial.
(2)	However, in cases of special emergency, where it is impracticable to give notice as provided by this regulation, such notice may be given as is determined by the chairperson of the trustees.
21 	Digging graves
	The trustees shall be responsible for the digging of all graves.
22 	Additional burials
	A person shall not be entitled to have an allotment reopened for the purpose of an additional burial therein unless he or she is the holder of the exclusive right of burial in respect of that allotment, or produces the written consent of the holder or, if the holder is dead, of the lawful successor of the holder.
23 	Burials in vaults
(1) 	A person shall not cause or suffer any dead body to be buried or entombed in a vault unless—
	(a)	the body is enclosed in a wooden shell; and
	(b)	the wooden shell is enclosed in lead or zinc and hermetically sealed; and
	(c)	the whole is enclosed in a coffin.
(2) 	A certificate of compliance with subregulation (1), signed by the undertaker supplying the coffin, shall be furnished to the groundsperson.
24 	Number of burials in an allotment
(1) 	Not more than 2 adults shall be buried in any 1 allotment, and the upper surface of a coffin shall not in any case be less than 1 metre below the natural surface of the soil.
(2) 	For the purpose of subregulation (1), 2 children under the age of 10 years shall be deemed to be 1 adult.
(3) 	The second burial shall not take place before the expiration of 6 months from the date of the first burial.
(4) 	When a grave is opened for the purposes of a second burial, the excavation shall be so made as to leave a layer of earth not less than 150 millimetres in thickness above the upper surface of the first coffin.
(5) 	Ashes of a cremated body may be buried in an allotment subject to such conditions as are determined by the trustees.
(6)		This regulation applies only to a burial in a grave.
24A 	One burial only in an allotment set apart for burial of body of deceased member of Defence Force
	Notwithstanding anything contained in regulation 24, not more than 1 body shall be buried in an allotment specially set apart in pursuance of paragraph 5 (1) (c) of the Cemeteries Act 1933.
25 	Removal of dead body
	A person shall not on any Saturday or Sunday remove any dead body or the remains thereof from any allotment for the purpose of re-burial in another allotment or removal to another cemetery.
26 	Design and construction of monuments
(1) 	A person shall not erect any monument, tablet, gravestone, vault, kerbing, railing or other structure in a public cemetery—
	(a)	unless an application in writing for permission to do so has been made to the trustees, accompanied by the determined fee; and
	(b)	unless plans and particulars thereof have been submitted to and approved by the trustees and a permit obtained; and
	(c)	otherwise than in accordance with the plans and particulars so approved.
(1A) 	A person shall not, in a lawn burial area, erect a tablet on which are inscribed more than 91 characters.
(2) 	The erection of any monument, tablet, gravestone, vault, kerbing, railing or other structure shall be carried out to the satisfaction of the trustees.
27 	Alterations or renewals of monuments, inscriptions etc
	The trustees may at their discretion remove, alter or repair any monument, tablet, gravestone, vault, kerbing, railing or other erection in a public cemetery, or any inscription thereon which, in their opinion, is dangerous, unsightly, or in disrepair, or has not been erected in accordance with the plans and particulars approved by the trustees.
27A 	Lawn burial areas
(1) 	Subject to this regulation, the trustees may, in their discretion, set apart as a lawn burial area any section of any separate portion of a public cemetery.
(2) 	The trustees shall not exercise their powers under subregulation (1) so as to reduce below a reasonable area the area in any separate portion of the cemetery in which, subject to the provisions of these regulations, a monument, tablet, gravestone, vault, kerbing, railing or other structure may be erected.
(3) 	A person shall not erect or place in a lawn burial area any monument, tablet, gravestone, kerbing, railing or structure other than a tablet of the standard type approved by the trustees.
28 	Planting of trees, covering of graves etc
	A person shall not, without the consent of the trustees—
	(a)	plant a tree or shrub in a public cemetery; or
	(b)	cover a grave in a public cemetery with tiles, cement, chips or any other covering; or
	(c)	place a vessel or container on a grave in a public cemetery; or
	(d)	place an inscription on a monument, tablet, gravestone, vault, kerbing, railing or other structure in a public cemetery.
29 	Workers to leave grounds in a tidy condition
(1) 	Any mason or other worker who performs any work in, on, or to any monument, tablet, gravestone, vault, kerbing, railing or other erection in a public cemetery shall, to the satisfaction of the trustees, clear away all refuse, rubbish and unsightly material resulting from that work, and shall make good all damage done by him or her or his  or her servants.
(2) 	If any mason or other worker fails to clear away any refuse, rubbish or unsightly material, or to make good any damage, in accordance with the provisions of subregulation (1), within such time as the trustees think reasonable, the trustees may perform the work which the mason or other worker has failed to do, and any expense incurred by the trustees in so doing shall be a debt due by the mason or other worker to the trustees, payable on demand, and recoverable in any court of competent jurisdiction.
30 	Certain vehicles not to be used in public cemetery
	A person shall not—
	(a)	draw heavy materials over any road or path of a public cemetery while the road or path is wet; or
	(b)	use in a public cemetery any handcart the wheel tyres of which are less than 150 millimetres in width.
31 	Interference with allotments
	Any person shall not interfere with any allotment without the written authority of the trustees, unless he or she is the holder of the exclusive right of burial in the allotment, or the authorised agent of the holder of that right.
32 	Traffic
	A person shall not—
	(a)	disobey a direction of the groundsperson with respect to—
	(i)	the parking of any vehicle; or
	(ii)	the route or direction upon which any vehicle shall proceed; or
	(b)	fail to observe the provisions of any notice erected by the trustees with respect to pedestrian or vehicular traffic; or
	(c)	suffer or permit any animal to trespass upon a public cemetery.
33 	Offences
	A person shall not within a public cemetery—
	(a)	sell or buy any article or thing; or
	(b)	distribute any handbill, card, circular or advertisement;
	(c)	take part in any meeting, other than of a religious or commemorative character, or in connection with a burial; or
	(d)	disturb any funeral service, whether by working in the neighbourhood, or otherwise; or
	(e)	discharge any firearms, except at a military funeral; or
	(f)	wantonly damage or disturb any real or personal property or disturb flowers or other tokens; or
	(g)	throw, cast or lay, or cause to be thrown, cast or laid, in or upon the public cemetery, any refuse, or rubbish, except in receptacles provided for the purpose, or any offensive, noxious or dangerous matter; or
	(h)	commit any breach of the peace or nuisance, or otherwise offend against decency or decorum.
34 	Removal of offenders
	Any person who commits an offence against, or contravenes, any provision of these regulations, may forthwith be removed from a public cemetery by any trustee or officer or servant of the trustees, or by any constable or officer of police.
35 	Penalty
	Any person who contravenes, or fails to comply with, any provision of these regulations, shall be guilty of an offence.
Penalty:  $20.

	SCHEDULE 1	(See reg 4)
Design of Trustees’ Seal

ENDNOTES
1	About this republication
This is a republication of the Canberra Public Cemeteries Regulations as in force under the Cemeteries Act 1933  on 30 September 1999.  It includes all amendments made to the regulations up to Subordinate Law  1998 No 18.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished subordinate law
The Canberra Public Cemeteries Regulations were originally made under the Cemeteries Ordinance  1933  (now the Cemeteries Act 1933).
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Subordinate law*	Year and number*	Gazette
notification	Commencement	Transitional provisions	
Canberra Public  Cemeteries Regulations	—	13 July 1939	13 July 1939		
	1942 No 5	23 Apr 1942	23 Apr 1942	—	
	1943 No 6	9 Dec 1943	9 Dec 1943	—	
	1950 No 4	6 July 1950	6 July 1950	—	
	1955 No 4	6 Apr 1955	6 Apr 1955	—	
	1959 No 18	31 Dec 1959	31 Dec 1959	—	
	1961 No 9	3 Aug 1961	3 Aug 1961	—	
	1966 No 1	27 Jan 1966	27 Jan 1966	—	
	1968 No 4	7 Mar 1968	7 Mar 1970	—	
	1970 No 9	13 Aug 1970	13 Aug 1970	—	
	1971 No 2	1 July 1971	1 July 1971	—	
	1974 No 22	22 Oct 1974	22 Oct 1974	—	
	1975 No 9	16 May 1975	16 May 1975	—	
	1976 No 13	30 July 1976	1 Aug 1976	—	
	1979 No 15	3 Sept 1979	3 Sept 1979	—	
	1980 No 3	25 Mar 1980	25 Mar 1980	—	
	as amended by				
	1980 No14	9 Oct 1980	reg 1:  25 Mar 1980 reg 2: 
9 Oct 1980	—	
	1981 No 17	4 Sept 1981	4 Sept 1981	reg 4	
	1982 No 29	30 June 1982	1 July 1982	—	
	1984 No10	11 May 1984	11 May 1984	—	
	1985 No 25	28 Oct 1985	28 Oct 1985	—	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	Act 1994 No 38	30 June 1994	ss 1 and 2: 
30 June 1994
remainder: 
1 July 1994 (see Gaz 1994 No S142  p 2)	—	
Coroners (Consequential Provisions) Act 1997	Act 1997 No 58	9 Oct 1997	9 Oct 1997	—	
	1998 No 18	28 May 1998
	28 May 1998	—	
5	Table of amendments

Provision	How affected*

reg 1	sub 1979 No 15
reg 2	am 1950 No 4; 1959 No 18; 1979 No 15; 1985 No 25; Act 1994 No 38; 1998 No 17
reg 3	am 1961 No 9; 1980 No 3; R2 (LR s 15(1)(e))
reg 4	am 1979 No 15; 1980 No 3 (as am by 1980 No 14); R2 (LR s 15(1) (e))
reg 5	am Act 1994 No 38
reg 6	am 1955 No 4; 1961 No 9; 1979 No 15; 1980 No 3 (as am by 1980 No 14); 1981 No 17; 1985 No 25
regs 7-9	om 1961 No 9
reg 10	am 1959 No 18; 1980 No 3 (as am by 1980 No 14)
reg 11	am 1979 No 15
reg 12	am 1979 No 15; R2 (LR s 15(1)(e))
regs 13, 14	sub 1979 No 15
reg 15	am 1942 No 5; 1950 No 4; 1959 No 18; 1979 No 15; 1985 No 25
reg 15A	ins 1981 No 17
	am 1985 No 25
reg 16	am 1979 No 15
reg 17	am 1955 No 4; 1985 No 25
reg 18	am 1959 No 18; 1979 No 15
reg 19	am 1979 No 15; Act 1997 No 58
reg 20	am 1980 No 3 (as am by 1980 No 14); R2 (LR s 15(1)(e))
reg 23	am 1984 No 10; 1998 No 17
reg 24	am 1974 No 22; 1980 No 3; 1998 No 17
reg 24A	ins 1943 No 6
	sub 1979 No 15
reg 26	am 1955 No 4; 1975 No 9; 1979 No 15; 1985 No 25
reg 27	am 1979 No 15
reg 27A	ins 1950 No 4
	am 1979 No 15
reg 28	sub 1955 No 4
	am 1979 No 15
reg 29	am 1979 No 15
reg 30	am 1979 No 15; 1980 No 3 (as am by 1980 No 14)
regs 32-34	am 1979 No 15
reg 35	am 1968 No 4; 1980 No 3
hdg to The sch 	om 1979 No 15
1st sch	om 1959 No 18
2nd sch	om 1979 No 15
sch 1	ins 1979 No 15
hdg to 3rd sch 	om 1979 No 15
hdg to sch 2	ins 1979 No 15
3rd sch	am 1942 No 5; 1950 No 4
	sub 1955 No 4
	am 1966 No 1
	sub 1968 No 4
	am 1970 No 9; 1971 No 2; 1974 No 22; 1975 No 9; 1976 No 13
sch 2	am 1979 No 15; 1980 No 3
	sub 1981 No 17; 1982 No 29
	om 1985 No 25

6	Table of earlier republications
Republication No	Amendments  to	Republication date	

(1)	SL 1985 No 25 	31 October 1991	
2	SL 1998 No 17	30 September 1999	

©  Australian Capital Territory 1999

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