Revised Laws of Saint Lucia (2022)

44.   Exhumation of human remains

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    (1)   A person shall not exhume human remains which have been interred in a burial ground without a removal permit issued under this Act.

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    (2)   A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or imprisonment for a term not exceeding 2 years.

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    (3)   A person may make an application to the Minister for a removal permit.

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    (4)   An application under subsection (3) must —

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      (a)     be in the prescribed form;

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      (b)     be accompanied by the prescribed fee;

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      (c)     include any prescribed information.

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    (5)   Before issuing a removal permit the Minister shall consult with the Chief Medical Officer and the Commissioner of Police.

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    (6)   The Minister may grant with or without conditions or refuse an application for a removal permit.

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    (7)   Where the Minister grants a removal permit, he or she shall issue a removal permit in the prescribed form upon payment of the prescribed permit fee.

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    (8)   Notwithstanding subsection (1), a person may exhume any human remains which have been interred in a burial ground —

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      (a)     by the order of the Chief Medical Officer;

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      (b)     on the authority of a court order; or

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      (c)     under section 27 of the Coroners Act, Cap. 2.16.