CHAPTER 72
GRAVES (REMOVAL) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Power of Minister to cause removal of graves.

   4.   Notice of intention to remove graves.

   5.   Contents of notice.

   6.   Minister may authorise removal of graves.

   7.   Conditions of removal of graves.

   8.   Approval of places to which graves may be removed.

   9.   Compensation payable in certain cases.

   10.   Penalty for obstruction.

   11.   Minister may make regulations.

CHAPTER 72
THE GRAVES (REMOVAL) ACT

An Act to provide for the removal of graves from land required for public purposes.

[28th March, 1969]
[G.N. No. 8 of 1969]

Act No. 9 of 1969

1.   Short title

   This Act may be cited as the Graves (Removal) Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "cemetery" means any area or place appointed or set aside as a cemetery by an appropriate authority under any written law;

   "dead body" means the human remains of a deceased person;

   "grave" includes a burial vault, tomb, mausoleum or coffin and any gravestone, tablet, inscription, monument or memorial to the dead associated therewith;

   "Minister" means the Minister responsible for lands;

   "persons interested" means–

   (a)   in the case of a war grave, the Commonwealth War Graves Commission;

   (b)   in the case of any other grave, the relatives of the deceased person whose dead body is buried therein;

   "public purpose" means any of the purposes specified in section 4 of the Land Acquisition Act *;

   "war grave" has the meaning ascribed to that term in the War Graves Act *.

3.   Power of Minister to cause removal of graves

   Subject to the provisions of this Act, where any land on which a grave is situated is required for a public purpose the Minister may cause such grave and any dead body buried therein to be removed from the land and, in such case, shall take all such steps as may be requisite or convenient for the re-instatement of the grave and the re-interment of the dead body in a place approved by him for the purpose.

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