Law and permits
Exhumation is regulated by Section 46 of the Local Government (Sanitary Services) Act 1948, as amended by the Local Government Act 1994. Following these amendments, local councils issue the licences. Exhumation without a licence is an offence.
The application is submitted to the council's Environment Section. You must attach:
- a completed application form;
- a copy of the death certificate;
- a certificate from the HSE Director of Public Health (in older forms, Director of Community Care and Medical Officer of Health) stating that the exhumation poses no threat to public health;
- consent from the authority or owner of the cemetery.
Meath County Council describes what happens next. The application is forwarded to the HSE Environmental Health department. An Environmental Health Officer inspects the grave, gathers details from the cemetery and the funeral director, and gives the council a recommendation with conditions. After this, the council grants or refuses the licence.
Councils will not grant a licence if the grave cannot be accurately identified, if the remains lie beneath another body that is not being exhumed, or if respect for the deceased and protection of public health cannot be ensured.
Councils do not state how long it takes to get a licence. It depends on the council and the HSE, so we clarify this for the specific cemetery.