5. Cemetery Bye-Laws No.s 6-11 & 13: Regulations for Burial (See Section C of Summary Document))

Open17 Nov, 2025, 09:00 - 31 Mar, 2026, 23:59

Bye Laws no.s 6-11 & no. 13 refer to regulations for burial, and address depths and modes of burial, and the opening of graves.

Human Remains

6.

Only human remains and cremated human remains shall be interred in a Cemetery.

First Interment

7.

Each gravespace, when opened for the first interment therein, shall be sunk to a perpendicular depth of 2.45 metres (8ft) at least, or, in case the nature of the sub-soil will not permit the gravespace being sunk to such depth, then to such lesser depth   as the Council shall specify.

Mode Of Burial

8.

  1. Subject to (II) below, no interment shall be permitted in any cemetery, nor shall any deceased person be admitted into any place of reception of bodies previous to interment, unless the body is enclosed in a coffin of wood or other sufficiently strong material, except cardboard, as agreed with the Council in writing.
  2. Uncoffined burials may be permitted, unless a direction has been issued not to do so by the relevant sanitary authority or medical officer of health of the sanitary authority, in an area of a burial ground designated exclusively for that purpose. Where an uncoffined burial is permitted, any reference in these provisions to a coffin includes a reference to the wrappings of the uncoffined body.

Cremated Remains

9.

  1. Cremated remains may be interred in an urn or small casket or other approved containers in conventional gravespaces or gravespaces for cremated remains.
  2. The Council may also provide columbarium walls or other facilities for cremated remains.
  3. Full details of the deceased person’s cremated remains must be recorded in the burial ground register.

Opening of

Graves

10.

  1. The Caretaker or, where applicable, the Cemetery Manager must always be notified prior to the opening of a grave.
  2. No grave, in which any body has been interred, shall be opened, save for the purpose of interment or exhumation or the erection of a tombstone or headstone, without the written permission of the Council which must be produced in advance to the Caretaker or where applicable, the Cemetery Manager.
  3. No un-walled burial plot shall be re-opened within fourteen years after the burial of a person  unless a layer of not less than 250mm (10 ins) in depth shall be left undisturbed above the previously buried coffin or casket; but if on re-opening any gravespace the soil be found to be offensive, such soil shall not be disturbed. In no case shall human remains be removed from the gravespace.  Depth of burial shall be in accordance with Bye Law 11.
  4. In cemeteries, where Council employees are not employed to open/close graves, a gravespace owner shall employ his own workmen to carry out such works. Such workmen shall comply with such conditions as may be specified from time to time by the Council. Any person contravening this Bye Law shall immediately leave the cemetery on request and shall not enter without the permission of the Council.

Depth of Burial

11.

  1. The Council reserves the right to determine the capacity of each grave space and cannot be held responsible for the capacity of any grave space unless a depth test is carried out.
  2. No coffin shall be buried in any un-walled grave unless the lid or upper surface thereof shall be sunk to a depth of at least 1.2m (4ft) below the ordinary level of the ground in the cemetery, unless otherwise agreed with the Caretaker/Cemetery Manager.
  3. Permission of the Council must be sought to install pre-cast concrete vaults.
  4. In older cemeteries, the depth of pre-existing burials shall be established by probing.

 

Exhumation

13.

No body, or the remains of any body including cremated remains, shall be removed from one place of burial to another, or exhumed without the prior written consent of the Council, and with such precautions as such Authority may prescribe as the condition of such Licence. Any person who shall remove or assist in removing any such body or remains contrary to this Rule, or who shall neglect to observe the precautions prescribed as the condition of the Licence for removal, shall be in breach of these Bye Laws. 

Bye-Law 10, No. 4 – Responsibility for Grave Maintenance and Ground Levels
Bye-Law 10, No. 4 is unclear and must be amended. The bye-law fails to state who is responsible for the maintenance of a grave where subsidence occurs following burial.   For the avoidance of...
Such workmen shall comply with such conditions as may be specified from time to time by the Council.
A clear set of conditions and expectations must be defined.
Burial restrictions very harsh