Western Australian Consolidated Acts

CEMETERIES ACT 1986 - SECT 3

3 .         Terms used in this Act

        (1)         In this Act, unless the contrary intention appears — 

        alleged offender means a person to whom an infringement notice has been given under section 63;

        authorised person means a person authorised under section 64 to give infringement notices;

        Board means a cemetery board established under section 7 or deemed to have been established under this Act and in relation to a cemetery means the Board responsible for the care, control and management of that cemetery;

        burial , except in the definition of “funeral” and in sections 11, 12 and 43(2), includes the disposal of ashes of a dead body in a cemetery after cremation;

        cemetery means land declared by the Governor to be a cemetery under section 4(1) or deemed to be a cemetery under this Act and so far as the context allows includes a disused burial ground and a closed cemetery;

        dead body means the body of a human being who was born alive and also means the body of a child of not less than 28 weeks’ gestation that was still born;

        funeral means the burial or cremation of a dead body;

        holder in relation to a grant of right of burial includes a person for the time being appearing to the Board to be the holder of that grant;

        infringement notice means a notice given under section 63;

        licence means a funeral director’s licence issued or deemed to have been issued under Part IV;

        member means a member of a Board;

        memorial includes headstone, plaque, tombstone, monumental work, inscription, kerbing, enclosure and any other fixture or thing commemorating a grave or the placement of ashes;

        redevelopment area means a portion of land in a cemetery which is the subject of a redevelopment scheme or proposed redevelopment scheme under Division 4 of Part V;

        right of burial means the right to use a specified area of a cemetery for burial.

        (2)         Notwithstanding the definition of “dead body” in subsection (1), a Board may in a particular case deem to be a dead body for the purposes of this Act the body of a child of not less than 20 weeks’ gestation that was still born and where a Board so deems this Act shall apply accordingly.

        [Section 3 amended by No. 14 of 1996 s. 4.]