Environmental Public Health (Cemeteries) Regulations

Environmental Public Health Act

(Chapter 95, Section 113)

Environmental Public Health (Cemeteries) Regulations

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 Agency or otherwise and includes every part of those premises in which such place is located;

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

“corpse” means the body or remains of a deceased person or stillborn child, whether decomposed or otherwise, but does not include ashes;

[S 416/2022 wef 29/05/2022]

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

“medical practitioner” means a registered medical practitioner under the Medical Registration Act 1997 who holds a valid practising certificate granted under that Act;

[S 416/2022 wef 29/05/2022]

“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]

[S 416/2022 wef 29/05/2022]

“RBDA” means the Registration of Births and Deaths Act 2021, or the repealed Registration of Births and Deaths Act 1937 that was in force immediately before 29 May 2022;

[S 416/2022 wef 29/05/2022]

“stillbirth” has the meaning given by section 2(1) of the Registration of Births and Deaths Act 2021;

[S 416/2022 wef 29/05/2022]

“stillborn child” has the meaning given by section 2(1) of the Registration of Births and Deaths Act 2021.

[S 416/2022 wef 29/05/2022]

[Deleted by S 715/2006 wef 01/01/07]

Permit for and period of burial

3.—(1)  A corpse must not be buried unless —

(a) the Director-General has issued a permit for the burial of the corpse; and

(b) the death or stillbirth (as the case may be) has been registered under the RBDA or, in the absence of such registration, a medical practitioner has issued a written confirmation of the death or stillbirth, as the case may be.

[S 416/2022 wef 29/05/2022]

(1A)  Paragraph (1) does not apply to a corpse if —

(a) the death or stillbirth (as the case may be) occurred outside Singapore; and

(b) a certificate certifying the cause of death of the deceased person or stillborn child (as the case may be) has been issued by a competent authority of the country or territory in which the death or stillbirth (as the case may be) occurred.

[S 416/2022 wef 29/05/2022]

(2)  Except as otherwise determined by the Director-General, 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 Director-General may require.

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

(2)  The application must be made by —

(a) in the case of a deceased person —

(i) the executor of the estate of the deceased person or the nearest surviving relative of the deceased person;

(ii) a person who is duly authorised to do so by any person mentioned in sub-paragraph (i); or

(iii) any other person who has given sufficient reason to the Director-General as to why the application is not being made by any of the persons mentioned in sub-paragraphs (i) and (ii); and

(b) in the case of a stillborn child —

(i) the nearest surviving relative of the stillborn child, or a person who is duly authorised to do so by that relative; or

(ii) any other person who has given sufficient reason to the Director-General as to why the application is not being made by any of the persons mentioned in sub-paragraph (i).

[S 416/2022 wef 29/05/2022]

5.  [Deleted by S 416/2022 wef 29/05/2022]

Register of burials

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 Director-General may require and shall be kept up to date.

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

(3)  For each burial in a cemetery, the following particulars must be recorded in the register of burials kept in the cemetery:

(a) the serial number and date of the burial;

[S 416/2022 wef 29/05/2022]

(b) [Deleted by S 416/2022 wef 29/05/2022]

(c) where the burial is for a deceased person — the name, identity card, passport or birth certificate number, address, occupation, age, sex and marital status of the deceased person;

[S 416/2022 wef 29/05/2022]

(d) the date of death or stillbirth, as the case may be;

[S 416/2022 wef 29/05/2022]

(da) the cause of death of the deceased person or stillborn child, as the case may be;

[S 416/2022 wef 29/05/2022]

(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;

[S 416/2022 wef 29/05/2022]

(f) where regulation 3(1) applies — the document number of the certificate of death or stillbirth issued under the RBDA, or (where such certificate has not been issued) the document number of the written confirmation mentioned in regulation 3(1)(b) that is issued, for the death or stillbirth, as the case may be;

[S 416/2022 wef 29/05/2022]

(g) where regulation 3(1A) applies — the document number of the certificate mentioned in regulation 3(1A)(b) that is issued for the death or stillbirth (as the case may be), and the name of the foreign country or territory in which the certificate is issued.

[S 416/2022 wef 29/05/2022]

[S 416/2022 wef 29/05/2022]

(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 except with the written permission of the Director-General.

[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 Director-General 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 Director-General;

[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 Director-General and that no person is in possession or occupation of the burial ground or a part thereof without the permission of the Director-General;

[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 cemetery maintained by Agency

10.  In a cemetery maintained by the Agency —

(a) no person shall cause any tombstone or monument to be erected on or over a grave plot without the permission of the Director-General;

[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 Director-General;

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

(c) no inscription shall be made on such tombstone or monument without the approval of the Director-General;

[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 Director-General; and

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

(e) the Director-General 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 Director-General or an authorised 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.

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

(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 Agency in respect of the matters stated therein.

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

(2)  The Agency may ––

(a) with the approval of the Minister, waive the payment of any fee for burial specified in item 1 in the Schedule; and

(b) waive the payment of any fee specified in items 2, 2A and 3 in the Schedule.

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

[S 318/2021 wef 17/05/2021]

Late payment interest

12A.—(1)  If any fee payable under regulation 12(1) is not paid in full by the date on which payment is due, an amount equal to simple interest, at the rate of 4.5%‑point above the 3‑month compounded SORA, is payable on the amount outstanding for the period mentioned in paragraph (2).

(2)  The period on which the interest in paragraph (1) is to be levied —

(a) starts from the date the payment of the fee or part of it is in arrears; and

(b) ends on the date the payment is fully made.

(3)  In this regulation —

“3‑month compounded SORA”, in relation to a period, means —

(a) if the period or a part of the period falls within the 6‑month period beginning on 1 April of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3‑month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —

(i) on its Internet website at http://www.mas.gov.sg; or

(ii) where the website is unavailable to the public, in any other form that is readily accessible by the public,

on either of the following days:

(iii) if 1 March of that calendar year is a business day — that day;

(iv) if 1 March of that calendar year is not a business day — the last business day in February of that calendar year; or

(b) if the period or a part of the period falls within the 6‑month period beginning on 1 October of a calendar year, then, for the period or the part (as the case may be) — the compounded average of the SORA values for a 3‑month period computed by the Monetary Authority of Singapore using the prescribed methodology, and published —

(i) on its Internet website at http://www.mas.gov.sg; or

(ii) where the website is unavailable to the public, in any other form that is readily accessible by the public,

on either of the following days:

(iii) if 1 September of that calendar year is a business day — that day;

(iv) if 1 September of that calendar year is not a business day — the last business day in August of that calendar year;

“business day” means any day other than a Saturday, Sunday or public holiday;

“prescribed methodology” means the methodology set out in the document called “Compounded Singapore Overnight Rate Average Index (“SORA Index”), Compounded SORA and MAS Floating Rate Notes (“MAS FRN”): A User Guide” dated 16 March 2021;

“Singapore Overnight Rate Average” or “SORA” means the volume-weighted average rate of borrowing transactions in the unsecured overnight interbank Singapore dollar cash market in Singapore between 8 a.m. and 6.15 p.m., as published by the Monetary Authority of Singapore —

(a) on its Internet website at http://www.mas.gov.sg; or

(b) where the website is unavailable to the public, in any other form that is readily accessible by the public.

[S 259/2024 wef 01/04/2024]

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 document with a view to procuring the burial of a corpse within a cemetery; or

[S 416/2022 wef 29/05/2022]

(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.