Operations near cemetery
110 Operations near cemetery
(1) Subject to subsection (4), a permittee or licensee must not carry out an operation on land that is used as, or within 200 m of land being used as, a cemetery.
(2) A permittee or licensee commits an offence if the permittee or licensee carries out an operation in contravention of subsection (1).
Maximum penalty: 200 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) A permittee or licensee is exempt from subsection (1) if given written approval to carry out the operations by the responsible entity for the cemetery.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters in subsection (4) (see section 43BU of the Criminal Code).
In this section:
cemetery, see section 7 of the Burial and Cremation Act 2022.
This Act’s bill:Second reading speech
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