Copper Coast Council

Burial and Cremation Act 2013
Burial and Cremation Act 2013
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
section 8(2) Approve the interment of bodily remains 1 Delegates
section 13(4) Inter additional bodily remains 1 Delegates
section 13(6) Be consulted by the Attorney-General regarding the opening of an interment site, exhumation or removal of bodily remains or re-interment of bodily remains 1 Delegates
section 18(1) Ensure that cremated remains are only released to an authorised person 1 Delegates
section 18(2) Dispose of cremated remains 1 Delegates
section 19 Establish a cemetery, natural burial ground or crematorium 1 Delegates
section 20 Establish and manage a public mortuary 1 Delegates
section 21 Establish a mausoleum 1 Delegates
section 22 Provide part of a cemetery as a natural burial ground 1 Delegates
section 23 Set apart part of a cemetery or natural burial ground for a particular religion 1 Delegates
section 24(1) Close a cemetery or natural burial ground 1 Delegates
section 24(2) Provide notice of proposed closure of a cemetery or natural burial ground 1 Delegates
section 24(5) Provide details of representations or submissions to the Minister regarding the proposed closure of a cemetery or natural burial ground 1 Delegates
section 24(8)(a) Discharge unexercised interment rights and provide a refund by agreement with the interment holder on closure of a cemetery or natural burial ground 1 Delegates
section 24(8)(b) Discharge unexercised interment rights and issue a new interment right by agreement with the interment holder on closure of a cemetery or natural burial ground 1 Delegates
section 24(9)(a) Discharge interment rights and issue a new interment right with the interment holder on closure of a cemetery or natural burial ground 1 Delegates
section 24(9)(b) Remove and re-inter human remains by agreement with the interment holder on closure of a cemetery or natural burial ground 1 Delegates
section 24(9)(c) Remove and reposition a memorial by agreement with the interment holder on closure of a cemetery or natural burial ground 1 Delegates
section 24(10) Referral of matter for mediation if agreement cannot be reached on the discharge of an interment right on closure of a cemetery or natural burial ground 1 Delegates
section 24(11) Pay for mediation with respect to the discharge of an interment right on closure of a cemetery or natural burial ground 1 Delegates
section 24(12)(a) Offer land as a gift on closure of a cemetery or natural burial ground 1 Delegates
section 24(12)(b) Demolish, remove, relocate or replace a grave on closure of a cemetery or natural burial ground 1 Delegates
section 24(14) Prepare an inventory prior to closure of a cemetery or natural burial ground identifying all graves and memorial, a record of all inscriptions and other particulars on memorials and a photograph of each memorial 1 Delegates
section 24(15) Make the inventory of graves and memorials available to the public 1 Delegates
section 25(1) Petition the Minister to have trust on which land is held by council which was formerly a cemetery or natural burial ground determined and the land dedicated as park lands 1 Delegates
section 25(5) Pay costs of advertising or inquiry related to the determination of a trust and dedication of land as park lands 1 Delegates
section 25(4)(a) Remove memorials if a closed cemetery is dedicated as park lands 1 Delegates
section 25(4)(b) Relocate memorials if a closed cemetery is dedicated as park lands 1 Delegates
section 25(4)(c) Replace memorials if a closed cemetery is dedicated as park lands 1 Delegates
section 26(2) Convert a closed cemetery which is not on land held on trust by the council or that includes land under the care, control and management of a council into a public park or garden 1 Delegates
section 26(3) Give notice of intention to convert a cemetery into a public park where the cemetery is not on land held on trust by the council or that includes land under the care, control and management of a council 1 Delegates
section 26(6)(a) Remove memorials from a closed cemetery which is not on land held on trust by the council or that includes land under the care, control and management of a council 1 Delegates
section 26(6)(b) Relocate memorials from a closed cemetery which is not on land held on trust by the council or that includes land under the care, control and management of a council 1 Delegates
section 26(6)(c) Replace memorials a closed cemetery which is not on land held on trust by the council or that includes land under the care, control and management of a council 1 Delegates
section 27(1)(a) Construct roads and pathways for purpose of converting closed cemetery into a public park or garden 1 Delegates
section 27(1)(b) Erect or construct buildings for purpose of converting closed cemetery into a public park or garden 1 Delegates
section 27(1)(c) Construct a vault or other repository for human remains for purpose of converting closed cemetery into a public park or garden 1 Delegates
section 27(1)(d) Erect lighting, seating or other infrastructure or public amenity for purpose of converting closed cemetery into a public park or garden 1 Delegates
section 27(1)(e) Take such other action for laying out land as parklands or a public place or garden for purpose of converting closed cemetery into a public park or garden 1 Delegates
section 28(1) Provide notice of cemetery or natural burial ground closure to the Registrar 1 Delegates
section 28(2) Provide notice of crematorium closure to the Registrar or the Environment Protection Authority 1 Delegates
section 28(3) Forward records of closed cemetery, natural burial ground or crematorium to the Libraries Board of South Australia 1 Delegates
section 30(1) Agree to the interment of human remains 1 Delegates
section 30(1) Issue an interment right 1 Delegates
section 30(2) Provide statement in plain English setting out rights and responsibilities in regard to an interment right to person applying for an interment right 1 Delegates
section 30(3) Determine capacity of interment site 1 Delegates
section 30(5) Carry out a lift and deepen procedure 1 Delegates
section 32(1) Renew interment right 1 Delegates
section 32(1) Fix renewal fee 1 Delegates
section 32(2) Provide notice of interment right expiry 1 Delegates
section 32(3) Provide statement in plain English setting out rights and responsibilities in regard to an interment right to person renewing interment right 1 Delegates
section 33(1) Transfer an interment right 1 Delegates
section 33(1)(a) Determine consideration for transfer of interment right 1 Delegates
section 33(3) Record interment right transfer in register 1 Delegates
section 34(1) Receive surrendered interment right 1 Delegates
section 34(2) Provide a refund on the surrender of an unexercised interment right 1 Delegates
Section 35(4) Comply with obligations under an interment right 1 Delegates
section 37(1) Keep a register of interment rights 1 Delegates
section 37(2) Record information in the interment rights register 1 Delegates
section 38(1)(a) Reuse an interment site on expiry of an interment right 1 Delegates
section 38(1)(b) Remove a memorial on expiry of an interment right 1 Delegates
section 38(2)(a) Give notice of intention to reuse an interment site by public advertisement 1 Delegates
section 38(2)(b) Give notice of intention to reuse an interment site by notice to the personal representative of the deceased 1 Delegates
section 39(2) Deal with and dispose of a memorial in accordance with the Burial and Cremation Act 1 Delegates
section 40 Enter into an agreement with an interment right holder to maintain memorial 1 Delegates
section 41(1) Provide notice requiring repair, removal or reinstatement of memorial 1 Delegates
section 41(2) Carry out repair, removal or reinstatement work 1 Delegates
section 41(2) Recover costs of work repairing, removing or reinstating a memorial 1 Delegates
section 41(3) Carry out repair, removal or reinstatement work 1 Delegates
section 41(3) Recover costs of work repairing, removing or reinstating a memorial 1 Delegates
section 42(1) Remove and dispose of memorial where interment right has expired 1 Delegates
section 42(1)(c) Give notice of intention to remove and dispose of a memorial on expired interment site by public advertisement and notice affixed to the memorial 1 Delegates
section 42(1)(d) Give notice of intention to remove and dispose of a memorial on expired interment site by public notice to owner of memorial 1 Delegates
section 42(2) Keep prescribed records of disposed memorials 1 Delegates
section 43(a) Enlarge a cemetery, natural burial ground or crematorium 1 Delegates
section 43(b) Improve or embellish a cemetery, natural burial ground or crematorium 1 Delegates
section 43(c) Restrict interments in any part of a cemetery or natural burial ground 1 Delegates
section 43(d) Take action for proper management and maintenance of a cemetery, natural burial ground or crematorium 1 Delegates
section 45 Restrict interments in any part of a cemetery or natural burial ground 1 Delegates
section 46(1) Issue notice that cemetery or natural burial ground is in a neglected condition or fails to comply with the Burial and Cremation Act 1 Delegates
section 46(1) Respond to notice from the Minister that cemetery or natural burial ground is in a neglected condition or fails to comply with the Burial and Cremation Act 1 Delegates
section 46(3) Cause work to be undertaken to satisfy notice that cemetery or natural burial ground is in a neglected condition or fails to comply with the Burial and Cremation Act 1 Delegates
section 46(4) Cause work to be undertaken to satisfy notice that cemetery or natural burial ground is in a neglected condition or fails to comply with the Burial and Cremation Act 1 Delegates
section 46(5) Recover costs of work to be undertaken to satisfy notice that cemetery or natural burial ground is in a neglected condition or fails to comply with the Burial and Cremation Act 1 Delegates
section 47(1) Apply for review of decision requiring work to be undertaken to satisfy notice that cemetery or natural burial ground is in a neglected condition or fails to comply with the Burial and Cremation Act 1 Delegates
section 47(1) Make submissions on a review of decision requiring work to be undertaken to satisfy notice that cemetery or natural burial ground is in a neglected condition 1 Delegates
section 48(1) Receive land used as a cemetery or natural burial ground on trust 1 Delegates
section 49(1) Assume administration of cemetery or natural burial ground 1 Delegates
section 49(1)(c) Agree to transfer administration of cemetery or natural burial ground 1 Delegates
section 50(1) Allow access to of cemetery, natural burial ground or crematorium 1 Delegates
section 50(2) Require person to leave cemetery, natural burial ground or crematorium 1 Delegates
section 51(1) Deal with land used as a cemetery or natural burial ground in ordinary course of commerce 1 Delegates
section 51(2) Discharge interment rights prior to dealing with land used as a cemetery or natural burial ground in ordinary course of commerce 1 Delegates
section 51(2)(a) Provide refund to holder of an interment right on the discharge of that right in order to deal with land used as a cemetery or natural burial ground in ordinary course of commerce 1 Delegates
section 51(2)(b) Issue new interment right to holder of an interment right on the discharge of that right in order to deal with land used as a cemetery or natural burial ground in ordinary course of commerce 1 Delegates
section 52 Deal with land which was a cemetery or natural burial ground closed in accordance with the Burial and Cremation Act in ordinary course of commerce 1 Delegates
section 53(1) Keep registers and plan prescribed by Burial and Cremation Act 1 Delegates
section 53(3) Keep records prescribed by Burial and Cremation Act 1 Delegates
section 53(4) Make registers prescribed by Burial and Cremation Act publicly available 1 Delegates
section 53(5) Produce a register prescribed by Burial and Cremation Act for inspection 1 Delegates
section 56(1) Request Public Trustee to act for interment right holder 1 Delegates
section 58(2) Appoint authorised officers 1 Delegates
section 58(3) Impose conditions on appointment of an authorised officer 1 Delegates
section 58(4) Issue identity card to an authorised officer 1 Delegates
section 58(7) Vary or revoke appointment or impose further conditions on an authorised officer 1 Delegates
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