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 |
| Case ID | 4806826 |
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).
Data Tables (1)
Full Response Text
Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im
Our ref: 4806826 13 August 2025
Dear
We write further to your request, received 17 July 2025, which states:
"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)."
Our response to your request is as follows.
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
Section 20 – Information accessible to applicant by other means
While our aim is to provide information whenever possible, under section 20 of the Act,
we are not required to provide information in response to a request if it is already
reasonably accessible to you, whether free of charge or on payment of a fee.
To offer advice and assistance, the Isle of Man legislation relevant to Waste Regulation is available here: • The Public Health Act 1990 • The Collection and Disposal of Waste Regulations 2000
Also considered was: • The Cremation Act 1957 • The Cremation Regulations 2000
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
Section 20 – Information accessible to applicant by other means
While our aim is to provide information whenever possible, under section 20 of the Act,
we are not required to provide information in response to a request if it is already
reasonably accessible to you, whether free of charge or on payment of a fee.
To offer advice and assistance, the relevant regulations are available here:
• The Cremation Regulations 2000
- Disposal of ashes
(1) After cremation of the remains of a deceased person the ashes shall- (a) be given into the charge of the person who applied for the cremation, if he so desires; or (b) otherwise be retained by the cremation authority, and (in the absence of any special arrangement for their burial or preservation) either – (i) decently interred in a burial ground or in land adjoining the crematorium reserved for the burial of ashes, or (ii) scattered on such ground or land.
(2) In the case of ashes left temporarily in the charge of the cremation authority and not removed within a reasonable time, 2 weeks' notice shall be given to the person who applied for the cremation before the remains are scattered or interred.
Additionally guidance was considered from the Institute of Cemetery and Crematorium Management (ICCM) Recycling of Metals Following Cremation as referenced in the email which indicates in the UK there is no legal requirement to use the ICCM scheme for recycling of metals.
In the UK the Cremation (England and Wales) Regulations 2008 states: https://www.legislation.gov.uk/uksi/2008/2841/regulation/30
- — [F1(1) Subject to paragraph (2) F2..., after a cremation the cremation authority—
(a)must dispose of the ashes in accordance with the applicant’s instructions for ashes; or (b)in any case where the applicant does not give instructions for ashes, or where the ashes are not collected in accordance with those instructions, may dispose of the ashes in accordance with paragraph (3); where “instructions for ashes” means the instructions given on the application form completed by the applicant, or any subsequent written instructions given by the applicant to the cremation authority.
(2) In exceptional circumstances the cremation authority may at their discretion release the ashes to someone other than the applicant or the applicant’s nominee.]
(3) [F3Where paragraph (1)(b) applies, any ashes held] by a cremation authority must be decently interred in a burial ground or in part of a crematorium reserved for the burial of ashes, or scattered there.
(4) In relation to ashes left temporarily in the care of a cremation authority, the authority may not inter or scatter the ashes [F4unless the cremation authority has made reasonable attempts to give the applicant 14 days’ notice of their intention to do so].
There does not appear to be any reference in these regulations to a requirement to dispose of these materials in a safe, responsible, and environmentally-friendly manner which may be reference to the UK ‘Duty of Car Code of Practice’ for the safe management of waste to protect human health and the environment which the Isle of Man Government does not currently have the equivalent. However, the Department is considering introducing a similar ‘Duty of Care’ under currently proposed Environmental Protection Bill currently out to public consultation here:
https://consult.gov.im/environment-food-and-agriculture/environmental-protection-bill/
In reference to the Environment Agency legal advice summarised in ICCM scheme:
‘If any metals are separated from the cremated remains they become waste and must comply with current waste legislation in the way they are handled and disposed of.’
This advice relates to the UK and EU waste management legislation under the Environmental Protection Act 1990, the Waste (England & Wales) Regulations 2011, and the Waste Framework Directive etc. Please see:
https://www.gov.uk/guidance/waste-environmental-permits
The Isle of Man Government regulates under the Public Health Act 1990 and associated regulations which is based on the UK historic Control of Pollution Act 1974, so this advice does not apply to the Isle of Man. Please see:
https://www.gov.im/about-the-government/departments/environment-food-and- agriculture/environment-directorate/environmental-protection-unit/waste- regulation/waste-disposal-licences/
Douglas Borough Council has advised metals recovered from cremation, if not returned to the bereaved families, are buried in a specific plot. The Environmental Protection Unit is content this remains regulated under Isle of Man cremation legislation, although this may change if equivalent legislation to the UK Environmental Protection Act 1990 is enacted in the Island.
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)."
Please see Appendix A.
Please quote the reference number 4806826 in any future communications.
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I will now close your request as of this date.
Yours sincerely