250 DARWIN PUBLIC CEMETERY REGULATIONS* Short title. Repeal. Definitions. Appointment of Curator. Register of burials. Plan of 1. These Regulations may be cited as the Darwin Public Cemetery Regulations. * 2. By-law No. 36 made by the Darwin Town Council on the fifteenth day of January, 1920, and published in the Government Gazette of the Northern Territory on the twenty-fourth day of January, 1920, and By-law No. 39 made by the Darwin Town Council on the twenty-ninth day of January, 1924, and published in the Government Gazette of the Northern Territory on the twenty-second day of February, 1924, are repealed. 3.-(1.) In these Regulations, unless the contrary intention appears "Cemetery" means the New Public Cemetery at Darwin; " Curator" means Curator of the New Public Cemetery at Darwin. (2.) For the purposes of these Regulations, the night shall be deemed to commence at the hour of seven of the clock in the evening of each day and to conclude at the hour of six of the clock in the morning of the next succeeding day. 4. The Administrafor may, by notice in the Gazette, appoint a Curator. s. The Curator shall keep a Register of Burials in which he shall enter a record of- (a) the name, sex, age, occupation immediately prior to death, country of birth, last place of residence and date of burial of any person interred in the Cemetery; (b) the name of the clergyman officiating at each burial; (c) the number, locality and depth of the grave in which any dead body is interred in the Cemetery, and whether a coffin lined with lead has been used. 6.-(1.) A plan of the Cemetery shall be prepared and kept in the office of the Curator. (2.) The plan of the Cemetery shall, as far as possible, show the situation and recorded number of all graves. (3.) Any person may, on payment to the Curator of a fee of One shilling, inspect the plan of the Cemetery during office hours. The Darwin Public Cemetery Regulations. in force under the Darwin Administration Ordinanc~ 1937-1956, comprise the following Regulations:- Date notified in Year and Number Date on which made Northern Territory Government Gazette Date of Commencement 1937, No.-.. 22nd March, 1937.. 25th March, 1937.. (See Note below) 1951, No. 3.. 8th March, 1951.. 28th March, 1951.. 28th March, 1951 Note.-The Regulations made on 22nd March, 1937, were expressed to come into operation on 1st April,1937.
Darwin Public Cemetery Regulations 251 7.-(1.) No person shall- No burials permitted (a) bury any dead body in the Cemetery; or without order of Curator. ( b ) cause any burial of any dead body to take place in the Cemetery, unless an order for burial of that dead body has first been issued by the Curator. Penalty: Twenty pounds. (2.) No person shall- (a) bury any dead body in the Cemetery; or (b) cause any burial of any dead body to take place in the Cemetery, except in the particular grave specified by the Curator for burial of that dead body. 8. No order for burial shall be issued by the Curator until he has Notice of received- interment and interment fee. (a) a notice of interment setting out the particulars specified in the form of notice in the First Schedule to these Regulations or such particulars as may satisfy the Curator; and (b) such interment fee as may be determined upon from time to time by the Administrator: Provided that no interment fee shall be required in cases where the Curator is notified by the proper authority that any burial is to be carried out at the expense of the Commonwealth. 9. In lieu of the interment fee referred to in sub-regulation (1.) of Undertaking the last preceding regulation the Curator may, if he thinks fit, accept ~~!~e~[ fee. from any person a written undertaking to pay the interment fee within a period (to be specified in the undertaking) commencing from the date of the signing of the undertaking. 10. Any person who signs an undertaking referred to in the last pre- Liability for ceding regulation shall be deemed to be the person by whom the inter- interment fee. ment fee shall be payable under these Regulations. 11.-(1.) The Curator shall require the production of a certificate Ce~tifica.te of (signed by the Registrar-General of Births, Marriages and Deaths for the ~~~~auon of Territory) to the effect that the death of the deceased has been duly registered. (2.) The certificate referred to in the last preceding sub-regulation shall be produced to the Curator- (a) before any order for burial of the deceased person named in the certificate is issued; or (b) after an order for burial is issued, if a satisfactory reason for the non-production of the certificate is given to the Curator:
252 Darwin Public Cemetery Regulations Fees other than interment fees. Provided that, if the certificate is not produced to the Curator within ten clear days after the issue of the order for burial, the Curator shall report the fact of its non-production to the Registrar-General of Births, Marriages and Deaths for the Territory. 12. The fees mentioned in the Second Schedule to these Regulations shall be the fees payable in respect of the matters mentioned in that Schedule, but shall not include fees for interments. Burial rights. 13. A burial right in the form contained in the Third Schedule to these Regulations shall give the holder and his representatives, for ninety-nine years, the exclusive right of burial in the portion of the ground allotted thereby, as a family or private burial place, and the right on obtaining the approval of the Curator (as provided in the next succeeding regulation) to erect and maintain any monument, tomb or other erection therein. Monument.sand 14. No person shall construct or place on any ground in the Cemetery other erechons. any monument or other erection unless he has first obtained- (a) an exclusive right of burial in that ground in accordance with the provisions of the last preceding regulation; and (b) the written approval of the Curator to the design of any such monument or erection, and any inscription to be placed thereon. Register of leases. 15. The Curator shall keep a register of leases, in which he shall enter therein the exact locality and number of each leased grave site, by reference to the plan of the Cemetery referred to in Regulation 6 of these Regulations, whether such site has been used for burials, and what monuments or tombstones (if any) have been erected thereon, and the date of the erection of any such monuments or tombstones. 16. All fees referred to in these Regulations shall be paid to the Curator and shall be transmitted by the Curator to the Receiver of Public Moneys Public Moneys. at Darwin. Fees to be transmitted to Receiver of Remission or refund of fees. Inserted by 1951, No. 3. 16A. The Administrator may, whenever he thinks fit, remit any fee or portion of any fee payable under these Regulations, or refund to any person any fee under these Regulations paid by that perso::j. or any portion of that fee. Consent of owner of exclusive right of burial in grave or vault. 17. The consent in writing of the owner of the exclusive right of burial in any grave or vault to the interment of any person in that grave or vault must be delivered to the Curator with a notice of interment in accordance with the First Schedule to these Regulations. Depth of grave. 18. Every grave dug in the Cemetery shall be of a depth of not less than five feet. Vaults. 19. All vaults shall be erected of brick or stone, set in cement, and covered by a slate, stone, concrete or glass slab.
Darwin Public Cemetery Regulations 253 20. Any person performing any work in the Cemetery shall clear Refuse to be away any refuse being in the Cemetery owing to the work performed by cleared away. him. Penalty: Ten pounds. 21. No person shall, except during any funeral conducted fdr the Entry ofhe.arses purposes of a burial in respect of which a burial order has been issued ~~~che~~nmg by the Curator, drive any hearse or any mourning coach of any kind within the Penalty: Five pounds. 22. Any person driving any vehicle in the Cemetery shall carry out any Traffic directions which may be given by the Curator for the regulation of traffic. directions. Penalty: Two pounds. 23. No person shall discharge any firearms in the Cemetery, except at Firearms. a military funeral or with the permission of the Curator. Penalty: Five pounds. 24. No grave shall be permitted to be re-opened for the reception of a Re-opening of body within three years of the preceding burial, in the case of persons graves. aged ten years or upwards, within two years in the case of persons between the ages of five and ten years or within one and a half years in the case of younger children, unless provision is made, in the first instance, by sinking the grave eighteen inches deeper than prescribed for every complete interment. After the lapse of the several periods specified coffins may be lifted to enable fresh interments to take place by sinking the grave to the requisite depth. 25. If a corpse is interred in a coffin having an inner receptacle of Removal of lead soldered close, it may on proper application, be removed at any time coffins. to a family vault or grave situated either in a public cemetery or any private lands, provided that proof was given to the Curator, at the first burial, that the coffin was so lined; but, in any other instance, no such application for the removal can be granted without the permission in writing of the Administrator having been first obtained. Persons permitted to remove bodies shall take such sanitary precautions, by the use of disinfectants and otherwise, as the Curator directs. 26. Any person causing any damage in the Cemetery shall, time specified by the Curator, repair the damage. Penalty: Twenty pounds. within the Repair of damage. 27. Any person who injures any trees or shrubs in the Cemetery shall Injuries to be guilty of an offence. trees. Penalty: Ten pounds. 28. No person shall permit any dog owned by him or under his con- Dogs not trol to be within the Penalty: Two pounds. permitted in
254 Wooden structures prohibited. No burials permitted at night. No entry to Cemetery at night. Children under ten not admitted without guardian. Disturbinll graves. Behaviour in Regulations to be posted in Penalties. Darwin Public Cemetery Regulations 29. No person shall erect any wooden structure or fence in the Penalty: Five pounds. 30. No burial shall take place in the Cemetery at any time during the night, unless the Curator considers that there are exceptional circumstances which render burial at night desirable. 31. No person shall, without the written authority of the Curator, enter, remain or be in the Cemetery at any time during the night. Penalty: Ten pounds. 32. Children under the age of ten years shall not be permitted to enter, remain or be in the Cemetery, unless accompanied by a guardian. 33. Any person who, without the written authority of the Curator (proof whereof shall lie upon him), disturbs or interferes with any grave in the Cemetery, shall be guilty of an offence. Penalty: Twenty pounds. 34. The Curator may expel from the Cemetery any person, who, in the opinion of the Curator, does not behave in a proper manner. 35. The Curator shall cause a copy of these Regulations to be posted and kept posted in a conspiouous place in the Cemetery Dear the main entrance to the 36. Any person who contravenes any provlslon of these Regulations in respect of which no penalty is provided shall be guilty of an offence and shall be liable upon conviction to a penalty not exceeding Five pounds. THE SCHEDULES THE FIRST SCHEDULE The Curator, New Public Cemetery, Darwin. NOTICE OF INTERMENT Name of deceased- Age of deceased- Birth, country of- Occupation of deceared- Date and hour of buriai Name of clergyman officiating- Late place of residence of deceased Is it a public grave?- If lease required, state size of allotment- If previously leased, state number and name of lessee Length and width of coffin- (Signature of undertaker)
Darwin Public Cemetery Regulations 2SS THE SECOND SCHEDULE FEES (EXCLUSIVE OF ORDINARY INTERMENT FEES) s. d. New Public Cemetery, Darwin- Lease of allotment 9 feet x 4 feet for 99 years Lease of allotments 9 feet x 8 feet for 99 years Permission to construct vault Permi!;6ion to construct brick grave Permission to erect headstone Permission to erect monument 206 410 1 1 0 076 050 1 1 0 THE THIRD SCHEDULE DARWIN, NORTHERN TERRITORY OF AUSTRALIA New Public Cemetery, Darwin 19, Darwin. Lease No.- Lease No. I, hereby testify my desire to rent, on lease, a piece of land in the New Public Cemetery, Darwin, containing Name of on the north side feet, on the east feet, on the south Lessee- feet, and on the west feet, containing by admeasurement square feet, being allotment No. and I agree Address- to comply with the Darwin Public Cemetery Regulations now in force for the general management of the Description of Allotment- Date of Lease- 19 (Signature of Applicant) (Address) I hereby lease the piece of land herm described, for the term of ninety-nine years, to and order it to be placed at h disposal for funeral purposes. Date of Registry- 19 (Signature of Curator) Registered by the Curator on the day of,19. NOTE.-Applicants for graves are informed that they can select an allotment on application to the Curator, who is hereby authorized to commence the work on payment of the money required by the Darwin Public Cemetery Regulations.