How can graves at Cheltenham be protected under the “Significant Places Policy”?…

Our South Australian legislation leads the country in making it lawful, and absolutely acceptable, for graves to be re-used if the lease has not been renewed.  I am so ashamed. You can read about my views HERE.

Back in June 2013 it was a shock to discover my Great Grandmother’s grave had one of those lease renewal notices on it, despite me spending much money to back pay the lease, and keep her safe for a few more years, whilst sorting out what this was all about.

Thankfully it was confirmed, by the records department of the ACA, that her lease was indeed paid up and the notice had been removed.  However, questions about the process remained ignored, and unanswered for some three months, until eventually I took my questions to the “higher authority” ie. the Attorney General’s Department which oversee the Adelaide Cemeteries Authority in it’s management of Cheltenham, West Tce, Enfield and Smithfield cemeteries, on behalf of the South Australian Government. It was most pleasing to get a full and detailed response, especially in regard to the order in which Cheltenham gravesites, with unpaid leases, will come up for redevelopment.  If you missed that post, please click HERE to read.

One of my questions was in regard to the preservation of the graves of  our Pioneers at Cheltenham Cemetery. This was the response.

Response to my query from the Attorney General's Dept.

Response to my query from the Attorney General’s Dept.

Okey Dokey… great info and now it was time to go to the ACA’s  “Significant Places Policy” to see how this actually protects the graves of our pioneering Ancestors.

Q:   Am I able to ask that a gravesite be protected under the “Significant Places Policy” of the Adelaide Cemeteries Authority?

A:   4.2 of the policy (page 55) states:  “Any person or organisation may make re-commendations for inclusion in the Authority’s Significant Places List within Cheltenham Cemetery, Enfield Memorial Park or Smithfield Memorial Park. This includes members of the public, local government, State or Federal Government departments, Authority staff and Board Directors.”

Q:   What is the criteria for having a gravesite declared a “Significant Place” and therefore protected from being re-used if the lease has not been renewed?

A:  Pages 55 and 56 of the Policy describe the criteria for a gravesite being declared a “Significant Place” as:

Places
1. Design or layout of a cemetery, or part thereof, reflects history and cultural heritage or a movement in cemetery planning.
2. A structure within a cemetery is unique or unusual.
3. A structure within a cemetery reflects a particular style or trend in design.
4. Trees or vegetation of significance or expected to become significant in time.
5. Remnant vegetation at West Terrace Cemetery.
6. Expresses a particular group’s identity.
7. Reflects the diversity of the Australian community, including social values and customs at a particular time.

Monuments
1. A monument has unique or unusual masonry qualities.
2. A monument is a good example of a particular style of trend of monument design.
3. A monument denotes a significant date or incident in the history of a cemetery or the community.

Burial and Cremation sites
1. The site played a significant role in the development of the cemetery, that is, the first grave site, the first cremation memorial site.
2. The monumentation is dedicated to a particular group who have served the country or the community.

People
This policy allows the grave or memorial of a person to be accorded with significant place listing due to the person’s unique contribution to the community. In making the assessment, the Committee will consider—
1. The person’s international, national or local achievements.
2. The person’s history.
3. Any existing commemoration for the person and the location of that commemoration

Hmmm… I’ve always found Policy docs such a pain and often difficult to grasp… so my next step was to check out those gravesites, at Cheltenham Cemetery, which have been declared “Significant Places” in order to get a better understanding of how this “Significant Places Policy” has been applied, and actually works, in real life.

Once I’ve got this sorted, in my own head to the best of my ability, I will post here. In the meantime maybe you’d like to check the policy out for yourself and post some of your own ideas and thoughts in the comments section below.

Adelaide Cemeteries Authority “Significant Places Policy” (scroll down to pages 50-56)http://www.aca.sa.gov.au/Portals/0/Documents/Annual%20reports/ACEM%20997%20Cheltenham%20Report_full.w.pdf

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Copyright © 2014. Catherine Ann Crout-Habel

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FRIDAY FUNNY… Dead End.

Knowing I needed to post a “Friday Funny”, to cheer myself up… this little gem glided down from cyber- space, from a great blog I follow, arriving like a beautiful little gift from heaven.

When living, and working in the USofA in 1994, I was fascinated by their signs reading “Dead End” where ours read “No Through Road.”

So, here you have it…  a “ridgy didge” photo of a cemetery in Duncan, Arizona, USA on the blog “Always Backroads”.  Many thanks… it’s terrific to be joining with fun people, in the USofA,  in a good old hearty, belly shaking chuckle.    😆

SAGUT - Dead End. old-cem-duncan-az

Photo attributed to “Always Backroads” http://alwaysbackroads.wordpress.com/2014/02/07/dead-end/

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Copyright © 2014. Catherine Ann Crout-Habel

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Today’s the day…

It’s official…

 

Please click on image to enlarge

Please click on image to enlarge

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Cartoon - cemeteries. cause of death written

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Copyright © 2014. Catherine Ann Crout-Habel

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I am ashamed…

Map of Australia.Sth AustWith my head held high, I’ve always been most proud to be South Australian and enthralled by its uniqueness as a planned and free settlement. This dream of the “dissenters”, often called “The Paradise of Dissent” and “The Utopia of the South”,  was certainly not fulfilled as planned but,  nonetheless, South Australia has always been right at the forefront of social change. One prime example is being only second in the world, with New Zealand being the first, to grant women the right to vote and the very first in the world to allow women to stand for election to Parliament.

It is, therefore, with shame that I realise South Australia has also led the country in the desecration of the Burial Sites of our Pioneers, our Ancestors and our dearly departed.  No longer permitted to R.I.P. –  if the leases on their graves are not renewed the Cemetery claims ownership, buries strangers on top and, if family do not collect the memorials, they are disposed of in whichever way the authorities choose.

Headstone gone and strangers buried in the grave of:  Joseph Petter Bowen, Helen Leitia Bowen (nee Young), and Hilda Jane Bowen, Benjamin Clarence, Josephine Letitia and Estelle Maud Bowen, also memorial to Warwick Young Bowen AIF, who died in Cambridge, UK, in 1918

Headstone gone and strangers buried in the grave of: Joseph Petter Bowen, Helen Leitia Bowen (nee Young), and Hilda Jane Bowen, Benjamin Clarence, Josephine Letitia and Estelle Maud Bowen, also memorial to Warwick Young Bowen AIF, who died in Cambridge, UK, in 1918

Cheltenham isn’t the only cemetery which treats our Ancestors with such contempt.  Centennial Park, Dudley Park and Payneham are three others, that I know of, but there may be more. However Cheltenham is the only public cemetery, managed on behalf of all South Australians, who treats our Ancestors in this most disrespectful way.

The Adelaide Cemeteries Authority (ACA)  is a statutory authority of the State Government of South Australia and, since 2002, has been responsible for managing four cemeteries in the Adelaide metropolitan area—

*  West Terrace Cemetery, established in 1837, is a State Heritage Place (Register Number 12722).
*  Cheltenham Cemetery, established in 1876, originally owned and operated by the Port Adelaide Council.

*  Enfield Memorial Park, established in 1944, and commenced operations in 1947.

*  Smithfield Memorial Park, established in 1986 by the Northern Adelaide Regional Councils.

Cemeteries managed by the Adelaide Cemeteries Authority

Cemeteries managed by the Adelaide Cemeteries Authority

West Terrace Cemetery has, in the past, re-used graves but since receiving “State Heritage Listing”, because of rare indigenous plants growing within its grounds, the graves are protected.  I believe Enfield has also previously re-used graves, but stand to be corrected. In a phone call, a few weeks ago, I was informed that Enfield don’t re-use graves because “we have enough land.” Smithfield is way out in the northern suburbs, in a rather beautiful bushland setting, was only established in 1986 and seems to have huge amounts of excess land. They don’t re-use gravesites and disturb those who’ve been laid to R.I.P in their environs.

Book. Port  Adelaide. Mudflats to metropolisThe destruction of Cheltenham gravesites, and memorials, is the destruction of our history and a profound dishonouring of so very many of South Australia’s earliest Pioneers.  Cheltenham Cemetery is one of the oldest in the Adelaide metropolitan area, having commenced operations as the Port Adelaide and Suburban Cemetery on 27 July 1876 with the burial of Hannah Wheatley Mussared of Le Fevre Peninsula.

Port Adelaide is an historic area which was central to the colonization of South Australia dating right back to its inception in 1836 when Colonel William Light first sailed up the Port River. Port Adelaide has been the gateway to trade and commerce in the state and the first contact with South Australia for thousands of emigrants when they arrived by ship. Dr Susan Marsden points to the significance of the Port Adelaide region by describing it as:

“South Australia’s main port, its second city, and largest working-class district.”

Initially Cheltenham was the responsibility of the Port Adelaide Council, however, in 1987 this was passed over to the Enfield General Cemetery Trust on the understanding that it would be permitted to run the cemetery according to business principles and that gravesites, in the crowded cemetery, could be reused to provide funding for maintenance and further enhancements. It was a business decision.

Enfield General Cemetery Trust’s assumption of responsibility coincided with a series of State Government legislative reforms and Cheltenham became the first cemetery in Australia to redevelop expired burial sites. This was widely criticised by members of the public and the media and I well remember signing a petition, way back then, opposing this practice.

I would say that the interests of business still predominate in the continuing destruction of our heritage at Cheltenham Cemetery. The ACA Management plan reports,

At present, more than 40 per cent of all burials at Cheltenham Cemetery are in re-used sites. While the practice may be unpopular with some members of the community, it allows space for more than 300 interments each year and for the cemetery to continue to play an active role in meeting the needs of the local community.”

On page 7,  Adelaide Cemetery Authority also reports:

“The Authority provides more than 3,000 burial and cremation services annually, generating $8m in revenue that funds both operating expenses and capital development at our four cemeteries.”

So, who is responsible?… It is not the Cemetery management  nor the staff.  It is our South Australian Law which gives this practice the green light and our South Australian politicians are responsible for allowing it to continue. Many were hopeful the new South Australian “Burial and Cremations Act 2013” would bring an end to this practice but not so.

I’ve written previous about my distress at the destruction of “the final resting place” of so many of our Pioneers which you can read about HERE I also put this concern to the Attorney General, along with the expired leases at GX Section (click HERE to read) and received this response:

Response to my query from the Attorney General's Dept.

Response to my query from the Attorney General’s Dept.

I’ll be writing about this “Significant Places Policy” very soon. In the meantime you may like to read it for yourself on the “Adelaide Cemeteries Authority Management Plan.”   Just click HERE.

The best time to get politicians to listen to our concerns always is leading up to an Election.  As it happens, the South Australian electorate goes to the Polls in March… so we all have an opportunity to contact our local member, the opposition, the Greens, Nick Xenephon… whoever, and say  STOP THIS!!! … that’s if you have a mind to, of course.  Not trying to tell you what to do    😆

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Ancestors

Copyright © 2014. Catherine Ann Crout-Habel

RESOURCES:

http://www.aca.sa.gov.au/Portals/0/Documents/Annual%20reports/ACEM%20997%20Cheltenham%20Report_full.w.pdf

http://www.portenf.sa.gov.au/page.aspx?u=339

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Filed under Adelaide Cemeteries Authority, Centennial Park Cemetery, Cheltenham Cemetery, Dudley Park Cemetery, MEMORIALS, Payneham Cemetery, Pioneer Gravesites, RE-USING GRAVES, West Terrace Cemeter

Plan for re-using Gravesites – Cheltenham Cemetery 2013-2018

Coming across my Great Grandmother’s grave with one of those horrid renewal notices on it, despite having paid her lease (including arrears), I was horrified that this should happen and was concerned for the descendants of all of those laid to R.I.P. in this section.  Had they been informed, had the information been published? etc…  For three months I tried in vain to get a response from the Records Department at Cheltenham Cemetery, South Australia, as to the situation with these 400+ graves in GX section. All attempts to get a response failed which you can read about HERE.  As time began running out, and receiving no reply to my concern, I posted an alert that the Graves in GX were “about to be recycled” as this is how I understood the situation. You can read that post HERE.

Cheltenham Cemetery Plan show GX Section in bottom left hand corner.

Cheltenham Cemetery Plan show GX Section in bottom left hand corner.

What a relief it was to get an official response from the officer appointed by the Attorney General’s Office to investigate my queries.  Our Attorney General is responsible for overseeing the work of the Adelaide Cemeteries Authority (ACA), who manages Cheltenham on behalf of the South Australian Government.  It thankfully took only 6 weeks to receive a detailed, and most courteous response, to my queries.

Here is the reply to my major, and most urgent question, regarding the Graves in GX Section:

Response from the Attorney General's Office - 18 Nov 2013

Response from the Attorney General’s Office – 18 Nov 2013

How wonderful to finally get a reply, and to be directed, to the information I’d been seeking for almost 5 months. The “Cheltenham Cemetery Plan of Management” shows exactly those sections of the Cemetery where graves, with un-renewed leased, be re-used/re-cycled up to and including 2018.

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CHELTENHAM CEMETERY PLAN OF MANAGEMENT 2013 – 2018

http://www.aca.sa.gov.au/Portals/0/Documents/Annual%20reports/ACEM%20997%20Cheltenham%20Report_full.w.pdf

 

Cheltenham Cemetery – Plots to be re-used from 2013 to 2018

The Following paths in Cheltenham Cemetery have been identified to be redeveloped during the life of the plan to ensure the ongoing provision of burials plots.

2013/2014 (Year 1)
Section F Path 7(29) East & West
Section J Path 5(6) East & West
Section J Path 6(7) East & West
Section J Path 7(8) East & West
Section K Path 9(20) East & West
Section K Path 10(21) East & West 

2014/2015 (Year 2)
Section L Path 2(13) East & West
Section L Path 3(14) West only 

2015/2016 (Year 3)
Section F Path 6(28) East & West
Section L Path 3(14) East only
Section L Path 4(15) West only
Section L Path 5(16) East & West
Section L Path 6(17) West only 

2016/2017 (Year 4)
Section L Path 6(17) East only
Section L Path 7(18) East & West
Section L Path 8(19) West only 

2017/2018 (Year 5)
Section F Path 5(27) East & West
Section L Path 8(19) East only
Section L Path 9(20) East & West
Section L Path 10(21) East & West

(Page 39 of 70 pages)

The sections proposal for redevelopment at Cheltenham Cemetery during the life of this plan are marked on the aerial view below.

Cheltenham Cemetery - 5year plan for re-use of gravesite with expired leases

Cheltenham Cemetery – 5year plan for re-use of gravesite with expired leases

                        Cheltenham Cemetery Burial Sites Redevelopment Program 2013—2018

1 Cleared factory earmarked for residential development.
2 Site identified as potential offsite office and depot. Currently privately owned.
3 Existing Port Road house/office. Privately owned, potential relocation site for offices and workshop.
4 Existing workshop & staff facilities: Approx 375 Sq.M

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So, the plan is that the graves under threat this year – 2014/2015 (Year 2 ) are:
Section L Path 2(13) East & West
Section L Path 3(14) West only 

I was advised that

“The online listing of the sites flagged for redevelopment is current. The current listing of the Authority’s website was advertised in the Public Notices of the Advertiser on 30 January 2013…”

Gravesites planned to be re-used 2013-2014 and published on the ACA website

Gravesites planned to be re-used 2013-2014 and published on the ACA website

With the date given by the AG’s department of the advertising of expired grants for 2013-2014, and with the help of Nathan from The Advertiser, I finally managed to locate the Advertisement. Many thanks Nathan…

The Advertiser, Public Notices - 30 January 2013

The Advertiser, Public Notices – 30 January 2013

The advice from the Attorney General’s Department, 18 Nov 2013, is that
“…the next advertisement of expired grave sites will be in early 2014, at which time the website listing will be updated to reflect the new expired site/grant details.”

So, “keep your eyes peeled folks”… it will be published in the Public Notices of the Advertiser and is easy to miss.

computer reading orig

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Copyright © 2014. Catherine Ann Crout-Habel

Apologies folks for your “likes” not appearing.  It’s a bug in the system which WordPress are working hard to get sorted.  I’m having the same prob with some of your Blogs in that the like button is not working… it just reads “loading”. Very frustrating and hope they get it sorted soon. Cheerio for now…  

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THE ACT… all ready to rock ‘n roll

Cheltenham Cemetery Dec 2013  - thankyou to Michelle Lucas Watson for the photo.

Cheltenham Cemetery Dec 2013 – thankyou to Michelle Lucas Watson for the photo.

The Regulations for South Australia’s new “Burial and Cremation Act 2014” were gazetted on 16 Jan 2014 which enables the Act to be commenced. I thank the helpful staff at our South Australian Attorney General’s Department for immediately forwarding this information along with copies of the Regulations and the Act. You can read about the consultation process by clicking HERE.

On 1 Feb 2014 all cemeteries in South Australia will finally come under one comprehensive Law which has been 10 years in the making.  Sadly the re-use/ re-cycling of our Ancestor’s gravesites remains part of how Cemeteries are legally able to destroy and desecrate the burial sites of South Australian’s who were laid to R.I.P. and destroy their memorials.

The relevant sections of the legislation, dealing with this appalling sacrilege, are posted below.  Please refer to the entire document for further information.

South Australia

Burial and Cremation Regulations 2014

under the Burial and Cremation Act 2013

Version: 16.1.2014—

Part 3—Cemeteries, natural burial grounds and crematoria

(Excerpts below have been taken from pages 12, 13 & 14)

30—Renewal of interment rights (section 32 of Act)

A notice under section 32(2)(c) of the Act must inform the holder of the interment right of the following matters:

(a) that if the interment right is not renewed, the relevant authority is entitled to re-use the interment site under section 38 of the Act;

(b) the cost of renewing the interment right.

31—Surrender of interment rights (section 34 of Act)

The fee that may be deducted by a relevant authority from a refund under section 34(2) of the Act on the surrender of an interment right is an amount to be determined in accordance with Schedule 1.

32—Exercise or enforcement of interment rights (section 35 of Act)

If the holder of an interment right has died, the interment right may be exercised or enforced under section 35(1)(b) of the Act—

(a) by the spouse or domestic partner of the deceased interment right holder; or

(b) if there is no surviving spouse or domestic partner—by the eldest living relative of the deceased interment right holder in the following descending order of priority:

(i) a child;
(ii) a grandchild or great-grandchild;
(iii) a brother or sister;
(iv) a parent;
(v) a grandparent;
(vi) an aunt or uncle;
(vii) a nephew or niece;
(viii) a cousin;
(ix) any other blood relative.

33—Re-use of interment sites (section 38 of Act)

A notice under section 38(2)(b) of the Act must inform the personal representative or relative of the deceased that the relevant authority may re-use an interment site if the interment right relating to the site has expired and—

(a) the personal representative or relative of the deceased has informed the relevant authority that there is no objection on the part of the relatives to the re-use of the interment site; or

(b) the interment right is not renewed within 2 years from the date on which thenotice is given.

Work at Cheltenham Cemetery Sep 2013

Work at Cheltenham Cemetery Sep 2013

34—Disposal of unclaimed memorials (section 42 of Act)

A record kept under section 42(2) of the Act relating to a memorial that has been disposed of by a relevant authority must include—

(a) a digital photograph of the memorial that shows—

(i) any inscription on the memorial; and

(ii) the design of the memorial; and

(b) particulars of the previous location of the memorial within the cemetery or natural burial ground; and

(c) if it is not evident from the digital photograph—details of the materials from which the memorial was made.

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

www.legislation.sa.gov.au.

Principal regulations –
Gazette 16.1.2014. p156  Commencement 1.2..2o14 except r 36—1.8.2014: r 2

Payneham Cemetery... demolition in progress

Payneham Cemetery… demolition in progress

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DON’T FORGET THE DATE –
1 FEB 2014!!!

LEGISLATION:
BURIAL AND CREMATION ACT 2013

BURIAL AND CREMATION REGULATIONS 2014 to commence 1Feb2014

Copyright © 2014. Catherine Ann Crout-Habel

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Almost Cemetery Fences

The destruction and desecration of gravesites disturbs my very soul and to see these old burial sites allowed to simply return to nature fills my heart with gladness…

Always Backroads

The cemetery from the time when Elephant Butte Dam was being built (about 1916 but there are a few newer graves) is guarded by a couple of ‘no trespassing’ signs.  No fence, just the fence posts.  no trespassing

And this is what they guard.  This is the newer grave (R. J. Schmalhausen, 1861-1932).
EB fenced grave

Most graves that can be seen are just piles of rocks overgrown with cactus and creosote.  This one had a nice fence once, but I think the cactus protects the grave more than the metal fence ever did.

EB grave cactus

Here’s an overview of the cemetery.  Not many family members visit to put flowers on the graves.  But the other day there were bluebirds decorating the area.  Very nice.

EB cemeteryI’ll link with Friday Fences, although mine are minimal.

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