Advice to Douglas City Council - burial of post cremation metals
Authority [[department-of-environment-food-and-agriculture
Date received 2025-07-17
Outcome All information sent
Outcome date 2025-08-13
Topic [[environment-agriculture

Summary

The applicant requested details regarding DEFA's advice to Douglas City Council that a Waste Management Licence is not required for burying post-cremation metals. DEFA disclosed the relevant legislation consulted and specific extracts from the Cremation Regulations 2000, citing Section 20 to withhold full lists and extracts as they are publicly accessible.

Key Facts

  • DEFA advised Douglas City Council that a Waste Management Licence is not required for the burial of post-cremation metals.
  • Crematoria are regulated under the Cremation Act 1957 rather than the Collection and Disposal of Waste Regulations 2000.
  • The response cites Section 20 of the FOI Act to refuse providing full lists and extracts of legislation already available to the public.
  • Relevant legislation includes the Public Health Act 1990, Collection and Disposal of Waste Regulations 2000, Cremation Act 1957, and Cremation Regulations 2000.
  • The response includes an extract of Regulation 15 regarding the disposal of ashes from the Cremation Regulations 2000.

Data Disclosed

  • 2025-07-17
  • 2025-08-13
  • 12th March 2025
  • 30th May 2025
  • 1957
  • 2000
  • 1990
  • 2 weeks
  • Section 20
  • Regulation 15

Exemptions Cited

  • Section 20 – Information accessible to applicant by other means

Original Request

In Freedom of Information responses from Douglas City Council (the Council) dated 12th March 2025 and 30th May 2025 regarding the policy and practice of the Council on the management of metals recovered following cremation, and specifically the need for a Waste Management Licence for the burial of metals within cemetery grounds, the Council references advice provided by DEFA Environmental protection Unit that a Waste Management Licence (WML) is not required by the Council.

'Crematoria are regulated under the Cremation Act 1957 rather than the Collection and Disposal of Waste Regulations 2000. Information sought from DEFA needs to be requested to them directly, the Council cannot respond on their behalf.'

Further to this direction from the Council, DEFA EPU is requested to provides the following:

a) a list of the IOM Acts and Regulations that DEFA EPU consulted in advance of providing its advice to The Council regarding the management of post cremation metals

b) extracts from the Acts and Regulations DEPA EPU relied upon to draft its advice to the Council regarding the management of post cremation metals

c) a copy of its advice to the Council that a WML is not required for the disposal of post cremation metals in the Douglas Borough Cemetery(ies).

d) justification for its advice to the Council that a WML is not required for the disposal of post cremation metals in the Douglas Borough Cemetery(ies).