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Burial on Private Land Application - Byron Shire Council

Burial on Private Land Application - Byron Shire Council

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Date of Lodgement:<br />

Applicant Details<br />

Applicant:<br />

Ph: ( ) Fax: ( )<br />

Address:<br />

Postal Address:<br />

BYRON SHIRE COUNCIL<br />

APPLICATION FOR PRIVATE BURIAL<br />

#78105<br />

Fees: (1625.008)<br />

Applicati<strong>on</strong> for <str<strong>on</strong>g>Burial</str<strong>on</strong>g> $155<br />

Insp. of proposed site $135<br />

Insp. of excavated site $135<br />

Deceased Details<br />

Name of Deceased: D.O.B / /<br />

Last Residential Address:<br />

Details of Undertaker<br />

Name:<br />

Place of Business:<br />

<str<strong>on</strong>g>Burial</str<strong>on</strong>g> Site Details<br />

Parcel No.: Lot DP <strong>Land</strong> Size (Ha) (see pt 4 over)<br />

Property Owner:<br />

Address:<br />

Internment Details<br />

Preferred Date and Time for proposed gravesite inspecti<strong>on</strong>:<br />

Preferred Date and Time for excavated grave inspecti<strong>on</strong>:<br />

Proposed Date and Time of Internment:<br />

The following c<strong>on</strong>diti<strong>on</strong>s will be required to be implemented within 60 days from the date of approval.<br />

1. The Undertaker is to certify to <strong>Council</strong> that the deceased preparati<strong>on</strong> and burial has been carried<br />

out in accordance with the Public Health (Disposal of Bodies) Regulati<strong>on</strong> 2002.<br />

2. The granting of and registrati<strong>on</strong> of a right-of-way <strong>on</strong> the property from the nearest public road to<br />

the grave site. The right-of-way shall provide visitor access to the gravesite and shall be of<br />

sufficient area to allow future servicing requirements.<br />

3. The submissi<strong>on</strong> of a locati<strong>on</strong> plan of the gravesite prepared by a registered surveyor and attached<br />

to the survey plan of the right-of-way.<br />

4. The registrati<strong>on</strong> of a Secti<strong>on</strong> 88B or 88E, C<strong>on</strong>veyancing Act 1919 instrument <strong>on</strong> the title deed,<br />

suitably identifying the existence and locati<strong>on</strong> of the grave.<br />

I hereby declare that the above details are true and correct and I will abide by the c<strong>on</strong>diti<strong>on</strong>s of this<br />

approval.<br />

Applicant:<br />

Agent or Property Owner:<br />

Date:<br />

Date:<br />

Official Use Only<br />

Receipt No.: Previous <str<strong>on</strong>g>Burial</str<strong>on</strong>g> <strong>on</strong> Property: No Yes Attach Details<br />

Applicati<strong>on</strong> Approved: No Yes Date: Officer:<br />

Inspecti<strong>on</strong> Comments:<br />

NOTE: Please notify <strong>Council</strong>’s <strong>Land</strong> Informati<strong>on</strong> Officer for inclusi<strong>on</strong> <strong>on</strong> the 149(5) Certificate.


CONDITIONS RELATING TO BURIALS ON PRIVATE LAND<br />

#78105<br />

1. No internment shall take place unless <strong>Council</strong> issues a “Permit for <str<strong>on</strong>g>Burial</str<strong>on</strong>g>”.<br />

2. Only <strong>on</strong>e burial may take place <strong>on</strong> a property unless council has granted an “Approval for the<br />

Establishment of a <strong>Private</strong> Cemetery”.<br />

3. No internment shall take place until council’s authorised officer has inspected the excavated<br />

grave.<br />

4. The land <strong>on</strong> which the gravesite/cemetery is to be located must have a minimum area of five<br />

(5) hectares and must not be c<strong>on</strong>tained within a drinking water catchment area.<br />

5. The proposed gravesite/cemetery must be sited a minimum of 100 metres from the boundary<br />

of the land, or to the satisfacti<strong>on</strong> of an authorised officer of <strong>Council</strong>, and adequately<br />

screened from public roads.<br />

6. The boundaries of the gravesite/cemetery must be permanently marked with posts, fencing<br />

or other approved method.<br />

7. Once placed within the grave the upper surface of the coffin must not be less than 900mm<br />

below the natural level of the soil where it is buried.<br />

Establishment of <strong>Private</strong> Cemetery<br />

Establishment of a cemetery <strong>on</strong> private land may be made by submissi<strong>on</strong> to <strong>Council</strong> of an applicati<strong>on</strong><br />

in writing from the owner/s of the land and including the following informati<strong>on</strong>:<br />

a) Proof of ownership of land.<br />

b) Written approval of the Body Corporate Neighbourhood Associati<strong>on</strong> or other similar<br />

owner governing body where the property is held in such ownership. Such approval<br />

must refer to the resoluti<strong>on</strong> of the governing body granting its approval to the<br />

applicati<strong>on</strong> and must include approval of the proposed cemetery locati<strong>on</strong>, number of<br />

proposed allotments and the like.<br />

c) Accurate details to an approved scale showing the precise locati<strong>on</strong> of the cemetery as<br />

verified by a registered surveyor. (On approval to be registered under Secti<strong>on</strong> 88E <strong>on</strong><br />

the title deed.)<br />

d) Accurate details to an approved scale showing the layout of the cemetery including<br />

each gravesite and proposed dimensi<strong>on</strong>s of same. The layout of the cemetery must<br />

also take into account the need for future maintenance.<br />

e) The name and address of the “cemetery authority” where a register of all burials will<br />

be kept and maintained. The register must comply with the Public Health<br />

(Disposal of Bodies) Regulati<strong>on</strong>s 2002.

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