Revised Laws of Saint Lucia (2021)

44.   Exhumation of human remains

  1.  

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

  1.  

    (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.

  1.  

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

  1.  

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

    1.  

      (a)     be in the prescribed form;

    1.  

      (b)     be accompanied by the prescribed fee;

    1.  

      (c)     include any prescribed information.

  1.  

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

  1.  

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

  1.  

    (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.

  1.  

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

    1.  

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

    1.  

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

    1.  

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