St John’s Anglican Cemetery Policy

St John’s Anglican Cemetery

General Regulations

2018

NOTE: Where appropriate, these regulations conform strictly with General Cemetery Regulations under the Local Government Act of South Australia.

1. The Anglican Parish of Salisbury’s Parish Council having the care, control and management of the cemetery (hereinafter in respect of such cemetery called (“the Controlling Authority”) shall from time to time appoint a person to be the Curator of the cemetery.

2. Subject to any direction of the Controlling Authority of the cemetery, the Curator shall have the care control and management thereof. The Curator may from time to time with the approval of the Controlling Authority, appoint a person to act for the Curator when absent from duty.

3. The Curator of the cemetery shall at all times carry out and comply with the orders and directions of the Controlling Authority. The Curator shall also observe, perform and comply with the provisions of these regulations, and cause them to be observed by all other persons in or about the cemetery.

4. The Curator of the cemetery shall keep a Register of Burials and shall from time to time enter therein the date of every burial or interment in the cemetery, the name, age and last place of abode of the deceased person whose remains are buried or interred, the number, location and depth of the grave and the type of coffin, casket or urn. The Curator shall also, from time to time, enter particulars in the Register of Burials of every exhumation and re-burial in the cemetery. In entering any burial, interment, exhumation, or re-burial in the said Register of Burials, the Curator shall also enter therein the number or description of the plot, allotment, or place in which the same takes place referring to the number, description or place thereof.

5. No person shall bury or inter a body in a grave or vault or cremated remains in a licensed plot or allotment unless the Curator is satisfied that authority for such burial or interment has been obtained from a person having the right of burial or interment therein.

6. Licences shall grant a tenure of minimum 50 years / maximum 200 years (renewable). Tenure is to commence on date of reservation.

(a) Requests for License periods greater than the maximum of 200 years are at the discretion of the Parish of Salisbury’s Parish Council.

7. Right of interment of cremated remains is available prior to, and at need, on application and payment of the current fee. Licences shall grant a tenure of a minimum of 25 years / maximum of 200 years (renewable). To commence from date of reservation.

8. Right of burial or interment of cremated remains may be assigned, at the discretion of the Controlling Authority, by the original licence holder or executors, on payment of the current fee.

9. The Curator shall keep a Register of Licences and shall from time to time enter in such Register, the location, number, or description of each plot, or allotment for which Right of Burial, Interment of cremated remains is granted or issued, referring to the number, description or place shown in the plan of the cemetery.

10. The Curator shall keep a plan of the cemetery showing marked thereon the plots and allotments with their respective numbers of description.

11. No person shall scatter, or cause to be scattered, any cremated remains on the surface of the cemetery, but all such cremated remains shall be interred in the ground or placed in a designated columbarium niche.

12. No person shall bury or inter a body in the cemetery unless it is fully encased in a coffin of wood or metal.

13. No person shall bury or inter a body in a coffin in a cemetery unless there is affixed to the lid of the coffin a metal plate having the name of the deceased distinctly engraved, printed or stamped thereon.

14. Memorials shall only be erected after the approval of the curator or the Controlling Authority has been given in writing.

15. The decision whether or not a particular memorial or inscription thereon should be permitted, and if so, what form it should take, is to be left to the controlling authority.

16. Ownership of a memorial shall rest with the holder of the licence or the holder’s next of kin or executors, as the case may be.

17. The holder or the holder’s next of kin shall be responsible for the maintenance, repair and removal of damaged or deteriorated memorial work.

18. In the event that a memorial becomes a danger to the public and can be made safe by repair during the period of the licence, the holder’s next of kin or the executor shall be notified of the need and requested to repair or remove the memorial. If repair or removal is not undertaken, the Controlling Authority has the power to perform the necessary work and to recover the cost from the holder or the holder’s representatives.

20. No person shall bury a body in the cemetery with any part of the body at a depth of less than 1.0 metres from the natural surface of the ground, unless such body is buried or provided in General Cemetery Regulations.

21. No person shall open a grave to deepen it for the purpose of burying a body therein if another body has been buried therein for a shorter period than 3 years.

22. In the event of the surface of any grave in the cemetery sinking below the natural surface of the ground, the Curator may, cause such grave to be filled up to the level of the natural surface of the ground.

23. The term of the burial licence may be renewed at any time during its tenure.

24. Irrespective of whether or not the existing burial licence has expired, no re-use of the site is to be undertaken within 3 years of the last burial.

25. When the site is to be re-used, any remains found are to be interred at a greater depth.

26. If the burial licence expires without renewal, the Controlling Authority is empowered to remove the memorial if it requires to re-use the site. Reasonable attempts are to be made to notify the holder of the licence, by writing to the last known address or by public notice, of the expiration of the licence, the option of renewal, the Controlling Authority’s power to remove the memorial to enable re-use of the site if a renewal is not sought and the holder’s right to claim the memorial in such case.

27. When a burial site has been reserved in advance of need and remains unused after a period of twenty five (25) years, the licence may be revoked at the discretion of the Controlling Authority after a reasonable attempt has been made by the controlling authority to contact the licence holder.

28. The holder of the licence is responsible for the insurance of any memorials on the grave, but the Controlling Authority has no right to require such insurance by the holder. (Note: The description ” lease” was discontinued and substituted by ” licence ” in 1986.)

29. Proof of ownership of or entitlement to, any licence whether issued or transferred under these Regulations shall in all cases be the responsibility of, and rest upon the person claiming such ownership or entitlement, and nothing in these Regulations shall impose, or be deemed to impose, any liability or responsibility on the Controlling Authority for proof of ownership of any licence nor shall the controlling authority be under any liability or responsibility to carry out or comply with, any request or direction by a licensee in any case where a burial licence for a multiple depth grave is presented for a second or subsequent burial.

30. Any person becoming entitled to any licence in consequence of the death or bankruptcy of the licensee, upon producing such evidence of entitlement as the Curator thinks sufficient, may with the consent of the Controlling Authority (which that authority shall not be under any obligation to give) be registered as the licensee of such licence, or may, subject to Regulation 9 hereof, assign such licence.

31. Such licence shall not confer upon the licensee or licensees, as the case may be, the right to use the plot of ground to which it relates for any other purpose than the interment of human remains.

32. No burial or interment of cremated remains shall take place in any portion of the Cemetery in respect of which a licence for the exclusive right of interment has been granted, unless such licence (or a written declaration that the licence has been lost or destroyed) is provided to the Curator.

33. All monuments are to be of first grade granite, marble or other durable natural stone. Ornamental fittings or fixtures may be permitted at the discretion of the Curator provided they are of a non-ferrous or durable material.

34. All monuments shall be of a design and workmanship approved by the Curator and plans and specifications shall be submitted to the Curator before the work is done. The Controlling Authority shall be at liberty to reject any such plan or specification without giving reasons for rejection.

35. A copy of any proposed inscription shall be submitted to the Curator before the work is done. The Controlling Authority shall be at liberty to reject any proposed inscription without giving reasons for rejection.

36. Masons and other work persons shall take care not to allow refuse or rubbish to fall upon the surface of the Cemetery, except that the materials for fixing may be mixed within the Cemetery upon an appropriate board.

37. The Controlling Authority reserves the right to alter any plant, tree, monument, memorial or garden bed as it sees fit.

38. All plants and trees planted in the Cemetery remain the property of the Controlling Authority.

39. No person other than an employee or agent of the Controlling Authority shall cultivate any portion of the soil of the Cemetery whether by planting lawns, flowers, trees or shrubs, or in any other manner whatsoever.

40. No person shall, within the Cemetery, without consent of the Controlling Authority:

(a)  Sell or buy any article or thing.

(b)  Carry on any trade, business, or calling or promote or advertise the same by solicitation, or by any other system of advertisement whatsoever.

(c)   Distribute or display any handbill, card or circular or other advertisement.

(d)  Organise or take part in any meeting unless the permission of the Controlling Authority shall have been obtained.

(e)  Disturb any funeral service at any grave.

(f)   Discharge any firearms except at a military funeral.

(g)  Cut, break, or deface any of the statuary, monuments, trees, shrubs, plants, seats, gates, posts or fences or write thereon.

(h)  Affix any bill or mark to any tree, seat, gate, post, fence, wall, pillar or railing.

(i)   Take or injure any of the plants, flowers or fruit.

(j)   Interfere with trees, shrubs, flowers, vases, labels, fish, birds, animals, or other property.

(k)  Commit any riot, breach of the peace, or nuisance or otherwise against decency or decorum.

41. No person not being an employee of the Cemetery Authority or another person so authorised by or on behalf of the said Authority shall enter or remain in Cemetery at any hour when they are closed to the public

42. The Controlling Authority does not in any circumstances accept responsibility for damage to or destruction of, monuments and furnishings on or around grave sites.

43. The Controlling Authority is not responsible for upkeep and repair of monuments, furnishings on grave sites. This is the responsibility of the lease/licence holder.

44. The Controlling Authority does not in any circumstance accept responsibility for personal injury due to insecure, deteriorated or damaged monuments/furnishings.

45. The pre-purchasing of a right to a plot in the Cemetery does not reserve a particular plot, it simply reserves the right to a plot in the cemetery that when need will be issued at the discretion of the Curator or the Controlling Authority.