Aboriginal Lands (Settlement Point Cemetery) Regulations 1999
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and being satisfied that the Aboriginal Land Council of Tasmania has been consulted, make the following regulations under the Aboriginal Lands Act 1995 .
14 April 1999G. S. M. GREEN
Governor
By His Excellency's Command,
J. A. BACON
Premier
These regulations may be cited as the Aboriginal Lands (Settlement Point Cemetery) Regulations 1999 .
These regulations take effect on the day on which the Aboriginal Lands (Wybalenna) Amendment Act 1999 commences.
In these regulations –authorised member, in relation to a religious faith, means a person authorised by the appropriate authority of the faith to exercise spiritual functions in connection with the burial of the dead;cemetery means the Settlement Point cemetery shown on Plan 4806 in the Central Plan Register;unallocated portion of the cemetery means that portion of the Settlement Point cemetery shown bounded by heavy black lines on Plan 4806 in the Central Plan Register.
4. Application of revenue of cemetery
The Council is to expend any revenue received by it in respect of the cemetery in the maintenance and improvement of the cemetery.
The Council is not to interfere, directly or indirectly, with the performance at the cemetery of any religious ceremony in the burial of the dead according to the usage of the denomination or religious faith to which the minister of that denomination, or the authorised member of that faith, performing the ceremony belongs.
6. Minister of religion to have free access
The minister of any denomination or the authorised member of any religious faith –(a) has free access and admission to the unallocated portion of the cemetery; and(b) may freely exercise functions in the unallocated portion of the cemetery in connection with the burial of the dead without any hindrance or disturbance by the Council or any other person.
(1) The Council may, on payment to it of the relevant fee prescribed by it pursuant to regulation 12 and subject to such terms and conditions as it considers necessary, permit any grave to be dug in the unallocated portion of the cemetery and any monument, tombstone, tablet or other structure to be erected or built in that portion of the cemetery.(2) The Council may determine the type and fix the position of any monument, tombstone, tablet or other structure which is proposed to be erected or built according to the description, size and character of the monument, tombstone, tablet or other structure.
8. Protection of exclusive rights
If an exclusive right of burial has been granted by the Council or sold or granted by any previous trustees of the cemetery in the unallocated portion of the cemetery, the Council may, before any human body or human remains may be buried, make such inquiries as it considers necessary in order to satisfy itself that the person entitled to the exclusive right is the person being buried.
9. Power of Council to remove monuments, &c.
If any monument, tombstone, tablet or other structure has been erected or built in the unallocated portion of the cemetery contrary to the terms and conditions upon which permission to erect or build it was granted, or if these regulations have not been complied with, the Council may take down and remove that monument, tombstone, tablet or other structure.
(1) The Minister may, by notice in writing, authorise the removal of a human body or human remains from any place of burial in the unallocated portion of the cemetery subject to such conditions as may be specified in the notice.(2) The Council –(a) before any exhumation is carried out, is to obtain the written approval of the Minister administering the Public Health Act 1997 ; and(b) in the course of the exhumation, removal and reburial, is to ensure that the requirements of that Minister, or any person supervising the work on that Minister's behalf, are complied with.(3) A person who removes a human body or human remains from any place of burial in the unallocated portion of the cemetery –is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.(a) without authority under subregulation (1) ; or(b) otherwise than in accordance with the conditions specified in the authority or any requirement under subregulation (2) –
11. Preservation of exclusive burial rights
If there is an exclusive right of burial in the unallocated portion of the cemetery, the Council may grant permission for the exercise of that right after the cemetery has been closed at such time, and subject to such conditions and restrictions, as the Council thinks fit.
The Council, by notice published in the Gazette, may prescribe a scale of fees or revoke, amend or vary a scale of fees payable for any of the following in the unallocated portion of the cemetery:(a) the provision of graves;(b) exclusive rights of burial;(c) permission to dig graves;(d) permission to erect or build a monument, tombstone, tablet or other structure;(e) maintenance of graves, monuments, tombstones, tablets or other structures;(f) exhumations.
(1) An order for burial is to be in accordance with a form approved by the Council.(2) An order for burial, if practicable, is to be lodged with the Council by the person to whom it is given not less than 12 working hours before the time fixed for the burial to which the order relates.
The Council is to keep a register of burials and a plan of the cemetery.
A burial is to be carried out between the hours of 8.00 am and 5.00 pm.
16. Prohibition of burials except upon delivery of certificate of death, &c.
A person must not carry out a burial in the cemetery unless there is delivered to the minister of any denomination, or authorised member of any religious faith, officiating at the burial at the cemetery a certificate of death signed by the Registrar-General or an order of a coroner or, in the case of a stillborn child, a certificate or declaration in accordance with the Registration of Births and Deaths Act 1895 .
(1) A person must not commit any nuisance or behave in an unseemly manner in the cemetery.Penalty: Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.(2) A person must not plant any vegetation in the cemetery except with the consent of the Council.Penalty: Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.(3) A person must not remove or interfere with anything placed in or on a grave or burial place without authority under regulation 10 .Penalty: Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.(4) A person must not damage, deface or destroy any grass, pot, border or plantation or shrubbery on a grave or burial place.Penalty: Fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 April 1999
These regulations are administered in the Department of Premier and Cabinet.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations make provision with respect to the conduct, control and management by the Aboriginal Land Council of Tasmania of the Settlement Point cemetery on Flinders Island.