Welcome to the Shire of Nannup

The Nannup Cemetery is situated on Vasse Highway

The Shire of Nannup can advise on:

  • Purchase of graves for burials
  • Sinking of graves and re-openings
  • Permission to erect headstones, monuments or kerbing
  • Interment of ashes
  • Grave reservations
  • Niche wall memorials
  • Rose garden memorial 
  • Memorial plaques

Your designated Funeral Director will be able to assist you in all matters concerning a funeral and will provide you with the relevant application forms.

 

Grant of Right of Burial – A legal document

Tenure on private graves is specified in a legal document called the “Grant of Right of Burial”. It is important to give careful consideration when nominating a person or agreeing to hold the Grant of Right of Burial as the Grantee has the right of all activities within the grave plot area. This includes approval to place cremated remains, for further burials in the nominated grave plot, and/or to erect monumental work upon the grave. In some situations, conflict can arise and responsibility for the outcome lies with the holder of the Grant.

Grants are issued for 25 years with the right of renewal. When the grant expires and a renewal has not been granted the control of the site reverts to the Shire of Nannup. The nominated person on the “Grant of Right of Burial” should make provisions in their will to ensure that a nominated person retains the legal ownership of the grave plot.

The Shire will write to the registered owner of the address detailed on the Burial Register of the “Grant of Right of Burial” at the time of renewal inviting the holder to renew. If a renewal request is not received or the holder of the “Grant of Right of Burial” is unable to be contacted within 60 days, the “Grant of Right of Burial” will lapse. If the Grantee no longer wants the legal responsibility the Grant of Right of Burial can be transferred to another person upon application and payment of a fee.

 

If the Grantee is unknown, then a Statutory Declaration can be obtained from the Shire and filled out by the person wishing to become a Grantee. When a Grant expires, control of the grave plot reverts to the Shire of Nannup and the following conditions apply:

  • If a grave is to be used for further interments or placement of ashes or a monument, then a new Grant would be required, which would mean that the family member or nominated person would need to repurchase the land for graves. This would then give the nominated person a current Grant of Right of Burial for the required 25-year period.

 

Grant of Right of Burial in relation to burials

The original Grant of Right of Burial is required to be produced before a second burial can take place and for any placement of ashes within a grave and any monumental works can occur. The Grantee can approve or deny any activity within the burial plot which has a life span of 25 years.

For this reason, it is important that the Grantee makes provisions in a legal document (i.e. their Will) to allow transfer of the grant to another person to ensure their wishes will be carried out. After the 25-year period has lapsed, an application for the re-issue of a Grant can be made for a further 25 years if the family should desire this. Further information can be obtained from the Shire administration staff.

First Burial – A Grant of Right of Burial is automatically issued for the first burial. This is for a period of 25 years.

Second Burial – When the second burial takes place, the Grant of Right over the plot must be produced with the Grantee’s permission

Expiry – Upon expiry of 25-year period the Shire will attempt to notify the Grantee and advise of expiry and ability to have Grant of Righty of Burial re-issued as per current fees and charges.

Transfer – If a Grantee no longer wants the responsibility an application can be lodged for the transfer of the Grant of Right of Burial. There is a fee involved for this service. If the Grantee is the person being buried, then the Grant of Right of Burial can be transferred to a nominated person. If the Grant of Right of Burial holder cannot be found, then a person can sign a Statutory Declaration to become a Grantee.

 

Why are Grant of Right of Burial only valid for 25 years?

Prior to the commencement of the Cemeteries Act on 1 July 1987 there was no legislation regarding the term of a Grant of Right of Burial and cemeteries throughout the State issued grants for varying times. Some were issued in perpetuity, others 100 years, 50 years etc.

In Schedule 2 of the Cemeteries Act 1986 there is a provision for any Grant, issued prior to the commencement of the Act to expire twenty-five years after the commencement day, i.e. 1 July 2012. This is irrespective of the term that it may have been issued for. To put it plainly, all Grants issued prior to 1 July 1987 will expire no later than 1 July 2012.

The new Act provides for cemeteries throughout Western Australia to issue Grants for a term of 25 years with the right to extend or renew the tenure for a further 25 years.

Cemeteries Act 1986