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

~~~~~~~~~
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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Filed under Cheltenham Cemetery, MEMORIALS, Payneham Cemetery, RE-USING GRAVES, The Legislation

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