❓ Question regarding the legal basis and public consultation process for the Metropolitan Cemetery Board's Monumental Mason's Policy and building requirements for beam foundation systems in cemeteries. The answer clarifies the policy's status as a non-regulation, its development, and the legislative basis for the building requirements.
AnsweredQoN 5129Legislative Assembly
QuestionView source ↗
(1) Is the Monumental Mason’s Policy of the Metropolitan Cemetery Board a regulation within the powers of the
Cemeteries Act 1986
; and
(i) if yes, when was it gazetted;
(ii) if yes, what section of the Act gives it power to regulate; and
(iii) if no, was the policy subject to public comment; and
(A) if yes, when and who was consulted; and
(B) if not, why not?
(2) With respect to the building requirements for the two beam foundation system under the
Cemeteries Act 1986
, does it apply to:
(a) Fremantle Cemetery;
(b) Guildford Cemetery;
(c) Karrakatta Cemetery;
(d) Midland Cemetery;
(e) Binaroo Valley Memorial Park;
(f) Rockingham Regional Memorial Park; and
(g) where the answer is no to any of (2)(a) to (2)(f) above, why not?
(3) With respect to the building requirements for cemeteries under the
Cemeteries Act 1986
for a new beam system, what powers in the Act were used to establish the building requirement?
(4) What section of the Act gives the Cemetery Board this power?
(5) Were the building requirements for the new beam system made as regulation or policy?
(6) If the building requirements for the new beam system are regulations, when were they gazetted?
(7) If the building requirements for the new beam system are regulations, was a regulatory impact statement done?
(8) If the building requirements for the new beam system are policy, did the policy go out for public comment; and
(a) if yes, when and for how long?
Cemeteries Act 1986
; and
(i) if yes, when was it gazetted;
(ii) if yes, what section of the Act gives it power to regulate; and
(iii) if no, was the policy subject to public comment; and
(A) if yes, when and who was consulted; and
(B) if not, why not?
(2) With respect to the building requirements for the two beam foundation system under the
Cemeteries Act 1986
, does it apply to:
(a) Fremantle Cemetery;
(b) Guildford Cemetery;
(c) Karrakatta Cemetery;
(d) Midland Cemetery;
(e) Binaroo Valley Memorial Park;
(f) Rockingham Regional Memorial Park; and
(g) where the answer is no to any of (2)(a) to (2)(f) above, why not?
(3) With respect to the building requirements for cemeteries under the
Cemeteries Act 1986
for a new beam system, what powers in the Act were used to establish the building requirement?
(4) What section of the Act gives the Cemetery Board this power?
(5) Were the building requirements for the new beam system made as regulation or policy?
(6) If the building requirements for the new beam system are regulations, when were they gazetted?
(7) If the building requirements for the new beam system are regulations, was a regulatory impact statement done?
(8) If the building requirements for the new beam system are policy, did the policy go out for public comment; and
(a) if yes, when and for how long?
AnswerView source ↗
Answered
17 May 2011
Responded by
Minister for Local Government
Response time
41 days
(1) The Monumental Masons Policy is not a regulation. Policies, procedures and guidelines enable the Board to supplement its by-laws to ensure that its responsibilities relating to the care, control and management of cemeteries are met, section 5
Cemeteries Act 1986
(the Act).
(i) Not applicable.
(ii) Not applicable.
(iii) No.
(A) Not applicable
(B) The intent of this policy was to enhance the construction of monuments to ensure greater longevity (on average 50 years) and to improve safety, therefore it was not considered necessary to seek public consultation.
The Monumental Mason's Policy was developed in consultation with representatives from the monumental masons industry. The intent of the policy is to establish standards consistent with and supplementary to the Australian Standard AS 4204-1994 Headstones and Cemetery Monuments and to address identified issues relating to Occupational Safety and Health.
(2) The building requirement for the two beam foundation system applies to some new burial sections where full monumental work is to be allowed, and to renewed full monumental sections (under the Cemetery Renewal Program).
(a) It will be applied as areas of the cemetery are subject to redevelopment in the future.
(b) Yes.
(c) Yes.
(d) It will be applied to areas of the cemetery subject to redevelopment in the future.
(e) No, there are no full monumental sections at Pinnaroo Valley Memorial Park.
(f) It will be applied as areas of the cemetery are subject to redevelopment in the future.
(g) See (2)(e).
(3) Under Section 7 of the Act
the Board is responsible for the care, control and management of its cemeteries. In order to meet its responsibilities under the Occupational Safety and Health Act, address safe working practices which are scrutinised by WorkSafe, and ensure a safe environment for the public generally, it is incumbent on the Board, as with any authority, to take all steps necessary to ensure compliance and mitigate risk.
(4) Section 5 (2) of the Act vests
the "care, control and management of a cemetery in a Board."
Section 7 (2) (c) states that a Board is a body corporate and is capable of, among other things,
"doing and suffering all such acts and things as bodies corporate may do and suffer
." This would reasonably include the making of policy, procedures and guidelines for the care, control and management of a cemetery.
Section 24 (1) (b) states that the Board shall
"preserve and maintain a cemetery in a safe, clean and orderly condition"
Section 24 (2) (a) states that the Board may provide
"other works for the effective management of a cemetery".
Section 29 states that
"the Board shall control the kinds of memorials permitted in a cemetery and may impose different requirements for different areas of a cemetery."
Clause 44 (1) (b) of the Metropolitan Cemeteries Board By-law 1992 states that a person shall not carry out monumental work on a grave
"except in accordance with the plans and specifications for different areas of a cemetery."
The Monumental Masons Policy sets out the Board's plans and specifications for these memorials.
"Memorial" includes headstone, plaque, tombstone, monumental work, inscription, kerbing, enclosure and any other fixture or thing commemorating a grave or the placement of ashes. (Section 3 of the Act)
(5) Policy.
(6) Not applicable.
(7) Not applicable.
(8) As per (1) (iii).
(a) Not applicable.
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Cemeteries Act 1986
(the Act).
(i) Not applicable.
(ii) Not applicable.
(iii) No.
(A) Not applicable
(B) The intent of this policy was to enhance the construction of monuments to ensure greater longevity (on average 50 years) and to improve safety, therefore it was not considered necessary to seek public consultation.
The Monumental Mason's Policy was developed in consultation with representatives from the monumental masons industry. The intent of the policy is to establish standards consistent with and supplementary to the Australian Standard AS 4204-1994 Headstones and Cemetery Monuments and to address identified issues relating to Occupational Safety and Health.
(2) The building requirement for the two beam foundation system applies to some new burial sections where full monumental work is to be allowed, and to renewed full monumental sections (under the Cemetery Renewal Program).
(a) It will be applied as areas of the cemetery are subject to redevelopment in the future.
(b) Yes.
(c) Yes.
(d) It will be applied to areas of the cemetery subject to redevelopment in the future.
(e) No, there are no full monumental sections at Pinnaroo Valley Memorial Park.
(f) It will be applied as areas of the cemetery are subject to redevelopment in the future.
(g) See (2)(e).
(3) Under Section 7 of the Act
the Board is responsible for the care, control and management of its cemeteries. In order to meet its responsibilities under the Occupational Safety and Health Act, address safe working practices which are scrutinised by WorkSafe, and ensure a safe environment for the public generally, it is incumbent on the Board, as with any authority, to take all steps necessary to ensure compliance and mitigate risk.
(4) Section 5 (2) of the Act vests
the "care, control and management of a cemetery in a Board."
Section 7 (2) (c) states that a Board is a body corporate and is capable of, among other things,
"doing and suffering all such acts and things as bodies corporate may do and suffer
." This would reasonably include the making of policy, procedures and guidelines for the care, control and management of a cemetery.
Section 24 (1) (b) states that the Board shall
"preserve and maintain a cemetery in a safe, clean and orderly condition"
Section 24 (2) (a) states that the Board may provide
"other works for the effective management of a cemetery".
Section 29 states that
"the Board shall control the kinds of memorials permitted in a cemetery and may impose different requirements for different areas of a cemetery."
Clause 44 (1) (b) of the Metropolitan Cemeteries Board By-law 1992 states that a person shall not carry out monumental work on a grave
"except in accordance with the plans and specifications for different areas of a cemetery."
The Monumental Masons Policy sets out the Board's plans and specifications for these memorials.
"Memorial" includes headstone, plaque, tombstone, monumental work, inscription, kerbing, enclosure and any other fixture or thing commemorating a grave or the placement of ashes. (Section 3 of the Act)
(5) Policy.
(6) Not applicable.
(7) Not applicable.
(8) As per (1) (iii).
(a) Not applicable.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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