Environmental Public Health (Cemeteries) Regulations

Environmental Public Health Act

(Chapter 95, Section 113)

Rg 9

G.N. No. S 119/1978

REVISED EDITION 2000

(31st January 2000)

[1st June 1978]

Citation

1. These Regulations may be cited as the Environmental Public Health (Cemeteries) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“ashes” means the cremated remains of a corpse;

“caretaker” means a person appointed by the owner of a private cemetery to take charge of the cemetery;

“cemetery” means a place of burial maintained by the Government or otherwise and includes every part of those premises in which such place is located;

[S 715/2006 wef 01/01/2007]

“corpse” means a dead human body or its remains whether decomposed or otherwise, but does not include ashes;

“grave plot” means the area occupied by a grave and includes any tombstone or monument erected on or over it;

“owner of a private cemetery” means the person who is registered as the owner of the cemetery under the Registration of Deeds Act (Cap. 269) and includes any other person who manages or maintains the cemetery;

[S 715/2006 wef 01/01/2007]

“public health officer” includes a superintendent of cemeteries and crematoria in the service of the Government.

Permit for and period of burial

3.—(1) No corpse shall be buried unless a permit for the burial of such corpse has been issued by the Commissioner and the death has been registered under the Registration of Births and Deaths Act (Cap. 267).

[S 715/2006 wef 01/01/2007]

(2) Except as otherwise determined by the Commissioner , a permit issued under paragraph (1) on or after 1st November 1998 shall permit a corpse to be buried in any cemetery for a period of 15 years.

[S 715/2006 wef 01/01/2007]

Application to bury corpse

4.—(1) An application for a permit to bury a corpse and the permit to bury a corpse shall be in such form as the Commissioner may require.

[S 715/2006 wef 01/01/2007]

(2) The application shall be made by —

(a)	an executor of the estate of the deceased person or the nearest surviving relative of the deceased person;
(b)	a person who is duly authorised to do so by any person referred to in sub-paragraph (a); or
(c)	any other person who has given sufficient reason to the Commissioner as to why the application is not being made by any of the persons referred to in sub-paragraphs (a) and (b). [S 715/2006 wef 01/01/2007]

Where permit to bury not required

5. A permit to bury a corpse shall not be required under regulation 3(1) if —

(a)	a Coroner has issued an order for or authorised such burial under section 274 or 275 of the Criminal Procedure Code (Cap. 68); or
(b)	the corpse is that of a person who died outside Singapore and a certificate certifying the cause of death of the person has been issued by a competent authority of the country in which the death occurred.

6.—(1) A register of burials shall be kept in safe custody in every cemetery.

(2) The register of burials shall be in such form as the Commissioner may require and shall be kept up to date.

[S 715/2006 wef 01/01/2007]

(3) The following particulars shall be recorded in the register of burials:

(a)	the serial number of each burial in the cemetery in which the register of burials is kept under this regulation;
(b)	the date of the burial;
(c)	the name, identity card, passport or birth certificate number, address, occupation, age, sex and marital status of the deceased person;
(d)	the date of his death;
(e)	where an application for the burial is made under regulation 4, the name, identity card or passport number and address of the person who applied for such burial; and
(f)	except where a Coroner has issued an order for or authorised the burial under section 274 or 275 of the Criminal Procedure Code, the registration number of the death certificate of the deceased person and, where the death certificate is issued in a foreign country, the name of that country.

(4) The particulars in respect of a burial shall be recorded under paragraph (3) immediately after the burial.

(5) A permit issued under regulation 3(1), an application made under regulation 4 and the particulars specified in paragraph (3) shall be preserved for a period of 5 years from the date of the burial to which they relate.

Depth of grave

7. No grave shall be less than 1.8 metres below the general surface of the ground.

[S 715/2006 wef 01/01/2007]

Location of grave plots or land

8. No grave plot or land shall be used or allowed to be used for burial if it is within 60 metres from the edge of a road or 1.5 metres of any drain or watercourse or within 6 metres of a dwelling-house unless the written permission of the Commissioner for such use is obtained.

[S 715/2006 wef 01/01/2007]

Duties of owner of private cemetery

9. The owner of a private cemetery shall ensure that —

(a)	the cemetery is used for no other purpose than the burial of corpses;
(b)	no grave contains more than one corpse;
(c)	adequate measures are taken to prevent any offence under the Vandalism Act (Cap. 341) from being committed within the cemetery;
(d)	no burial is carried out within the cemetery between 6 p.m. and 6 a.m. without the written permission of the Commissioner ; [S 715/2006 wef 01/01/2007]
(e)	a caretaker of the cemetery is present at the cemetery whenever a burial is being carried out;
(f)	the public has proper and free access to all parts of the cemetery at all times;
(g)	the burial ground of the cemetery does not have any structure which was built without the permission of the Commissioner and that no person is in possession or occupation of the burial ground or a part thereof without the permission of the Commissioner; [S 715/2006 wef 01/01/2007]
(h)	the cemetery is kept clean and free of noxious odours, smoke, fumes and rank vegetation; and
(i)	the cemetery is not used for the dumping of rubbish or the storage of materials.

Rules for Government cemetery

10. In a Government cemetery —

(a)	no person shall cause any tombstone or monument to be erected on or over a grave plot without the permission of the Commissioner ; [S 715/2006 wef 01/01/2007]
(b)	a tombstone or monument erected on or over a grave plot shall be of such type and size as may be approved by the Commissioner ; [S 715/2006 wef 01/01/2007]
(c)	no inscription shall be made on such tombstone or monument without the approval of the Commissioner; [S 715/2006 wef 01/01/2007]
(d)	no person shall deposit any material for the construction of such tombstone or monument in any place other than within such areas as may be specified by the Commissioner; and [S 715/2006 wef 01/01/2007]
(e)	the Commissioner may remove or cause to be removed any remaining material which has been left over from the construction of such tombstone or monument and may require the person who made the application for the burial of the corpse in respect of which such tombstone or monument has been constructed to bear the cost of such removal. [S 715/2006 wef 01/01/2007]

Inspection of private cemeteries

11.—(1) The Commissioner or a public health officer may —

(a)	enter and inspect a private cemetery;
(b)	examine any book, register of burials or other document relating to the burial of a corpse within the cemetery; and
(c)	require from the owner or a caretaker of the cemetery or any other person such information as he may think necessary to determine whether the cemetery has been established, used, managed, maintained or operated or every burial has been carried out in accordance with the provisions of the Act and these Regulations.

(2) Any of the officers mentioned in paragraph (1) may make or cause to be made copies of or extracts from such books, registers or documents.

(3) Any person who, without reasonable cause, refuses or fails to furnish such information as may be required under paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.

Fees

12.—(1) The fees specified in the Schedule shall be payable to the Commissioner in respect of the matters stated therein.

[S 715/2006 wef 01/01/2007]

(2) The Commissioner may, in his discretion, waive any fee payable under these Regulations.

Offences

13. No person shall —

(a)	carry out, permit or take part in the burial of a corpse except in accordance with these Regulations;
(b)	make any false declaration or representation or sign any false certificate with a view to procuring the burial of a corpse within a cemetery; or
(c)	with intent to conceal the commission or impede the prosecution of an offence, procure or attempt to procure the burial of a corpse within a cemetery or, with such intent, make any declaration or issue any document under these Regulations.

Penalty

14. A person who contravenes or fails to comply with any of the provisions of these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.

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