Schedule 3, Part 3, paragraph 7(3)
For the purpose of paragraph 8(a)(ii) of Schedule 2, the conditions in relation to a burial of that description are that the operator ensures that— any activity relating to the burial must not cause pollution of surface water or groundwater, the burial is not within 10m of any field drain, including any dry ditch, the grave has at least 1m clearance between the base of the grave and the top of the water table, the burial is not undertaken directly into groundwater, the grave is not dug in unaltered or unweathered bedrock, the grave is not dug in an area susceptible to groundwater flooding, the burial is not within 30m of any spring or watercourse, the burial is not in, or within 50m of, a protected site, the burial is not in an ancient woodland, the new cemetery or extension in question does not have more than 2500 burials per hectare, in proportion to the total area of the new cemetery or extension, no part of the new cemetery or extension in question is within a groundwater Source Protection Zone 1, no part of the new cemetery or extension in question is within 250m of any well, spring or borehole that is used to supply water for domestic drinking or food production purposes, the new cemetery or extension is located either— entirely on strata which are unproductive strata, entirely on strata which are a secondary B aquifer or entirely on strata which are secondary undifferentiated rocks, where the number of burials is less than 100 burials per annum, entirely on a secondary A aquifer, where the number of burials is less than 50 burials per annum, entirely on a principal aquifer and not in a groundwater Source Protection Zone 2, where the number of burials is less than 30 burials per annum, or on any combination of strata mentioned in paragraphs (i) to (iv), subject to sub-paragraph (4), and the new cemetery or extension does not need ongoing active control measures to be in place to protect the environment.
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Source: legislation.gov.uk · retrieved 2026-07-30