{"id":"tas:sr-2019-018","name":"Aboriginal Lands (Settlement Point Cemetery) Regulations 2019","slug":"aboriginal-lands-settlement-point-cemetery-regulations-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"18 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184401,"registerId":"tas-tas:sr-2019-018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Aboriginal Lands (Settlement Point Cemetery) Regulations 2019](/view/html/inforce/2026-04-12/sr-2019-018) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 15 April 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Aboriginal Lands Act 1995](/view/html/inforce/2026-04-12/act-1995-098) ;\n> \n> > ***authorised representative***, in relation to a religious or cultural group, means a person authorised by the appropriate authority of the religious or cultural group to exercise spiritual or ceremonial functions in connection with the burial of the dead;\n> \n> > ***cemetery*** means the Settlement Point cemetery shown in Plan 4806 in the Central Plan Register;\n> \n> > ***Director of Public Health*** means the person appointed as Director of Public Health under [section 6 of the](/view/html/inforce/2026-04-12/act-1997-086#GS6@EN) [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) ;\n> \n> > ***exclusive right of burial*** means –\n> > \n> > > > (a) an exclusive right to be buried in the unallocated portion of the cemetery granted under [section 37A](/view/html/inforce/2026-04-12/act-1995-098#GS37A@EN) of the Act; or\n> > > \n> > > > (b) an exclusive right to be buried elsewhere in the cemetery granted by the Council, or the previous trustees of the cemetery, before the commencement of these regulations;\n> \n> > ***monument*** includes a tombstone, plaque, tablet, cenotaph or any other structure or object intended to commemorate a deceased person;\n> \n> > ***unallocated portion of the cemetery*** means that portion, of the cemetery, shown bounded by heavy black lines on Plan 4806 in the Central Plan Register.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of revenue of cemetery","content":"### 4 Application of revenue of cemetery\n\n> The Council is to make adequate provision for the maintenance and improvement of the cemetery out of any revenue received by it in respect of the cemetery.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Religious or cultural ceremonies","content":"### 5 Religious or cultural ceremonies\n\n> The Council is not to interfere, directly or indirectly, with the performance at the cemetery of any religious or cultural ceremony that relates to the mourning process or the burial of the dead and is in accordance with the rites or practices of the religious or cultural group performing the ceremony.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Representative of religious or cultural group to have free access","content":"### 6 Representative of religious or cultural group to have free access\n\n> The Council is to permit an authorised representative of any religious or cultural group to –\n> \n> > > (a) have free access and admission to the cemetery; and\n> > \n> > > (b) freely exercise functions in the cemetery in connection with the burial of the dead without any hindrance or disturbance by the Council or any other person.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Exercise of exclusive right of burial","content":"### 7 Exercise of exclusive right of burial\n\n> > (1)  A person who wishes to bury the body or human remains of a deceased person in the cemetery is to notify the Council and request approval from the Council for the burial.\n> \n> > (2)  A request for approval under [subregulation (1)](#GS7@Gs1@EN)  –\n> > \n> > > > (a) may only be made in respect of a deceased person who is entitled to burial under an exclusive right of burial; and\n> > > \n> > > > (b) is to include the following information:\n> > > > \n> > > > > > (i) the full name of the person making the request;\n> > > > > \n> > > > > > (ii) the residential or contact address of that person;\n> > > > > \n> > > > > > (iii) the full name of the deceased person;\n> > > > > \n> > > > > > (iv) the last place of residence of the deceased person, if known;\n> > > > > \n> > > > > > (v) the date of birth of the deceased person;\n> > > > > \n> > > > > > (vi) the date of death of the deceased person;\n> > > > > \n> > > > > > (vii) the age of the deceased person at the date of his or her death;\n> > > > > \n> > > > > > (viii) the date of grant, if known, and details of the exclusive right of burial;\n> > > > > \n> > > > > > (ix) any further information the Council reasonably requires.\n> \n> > (3)  The Council may make the enquiries that it considers necessary in order to satisfy itself that the deceased person is a person entitled to be buried in the cemetery under the exclusive right of burial in respect of which the request for approval for burial is made.\n> \n> > (4)  If the Council is satisfied that the deceased person is entitled to be buried under the exclusive right of burial, it is to approve the request for burial subject to the conditions and restrictions it considers appropriate.\n> \n> > (5)  If the Council is not satisfied that the deceased person is entitled to be buried under the exclusive right of burial, it is to refuse to approve the request for burial.\n> \n> > (6)  The Council is to notify the person making the request for approval for burial under [subregulation (1)](#GS7@Gs1@EN) of its decision under [subregulation (4)](#GS7@Gs4@EN) or [(5)](#GS7@Gs5@EN) and, if the request has been refused, is to give the person, in writing, reasons for the refusal.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Permission to erect monuments","content":"### 8 Permission to erect monuments\n\n> > (1)  The Council may, subject to the terms and conditions it considers necessary, permit a monument to be erected or placed in the cemetery.\n> \n> > (2)  A person must not erect or place a monument in the cemetery except in accordance with a permission of the Council granted under [subregulation (1)](#GS8@Gs1@EN) .\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Power to remove monuments","content":"### 9 Power to remove monuments\n\n> > (1)  In this regulation –\n> > \n> > > ***unauthorised monument*** means any monument that –\n> > > \n> > > > > (a) has been erected or placed contrary to the terms and conditions on which the permission to erect or place it was granted; or\n> > > > \n> > > > > (b) is, in the opinion of the Council, unsafe.\n> \n> > (2)  The Council may, by notice in writing given to a person who erected or placed an unauthorised monument in the cemetery, require the person to –\n> > \n> > > > (a) take it down and remove it; or\n> > > \n> > > > (b) make it safe –\n> > \n> > within a reasonable time that is specified in the notice.\n> \n> > (3)  If a person to whom a notice in relation to an unauthorised monument is given under [subregulation (2)](#GS9@Gs2@EN) fails to comply with the requirement, or the Council is unable, after making reasonable attempts, to find the person who erected or placed an unauthorised monument in the cemetery, the Council may –\n> > \n> > > > (a) take the monument down and remove it or make the monument safe; and\n> > > \n> > > > (b) recover in any court of competent jurisdiction the reasonable cost of doing so from the person who erected or placed the monument in the cemetery.\n> \n> > (4)  The Council may exercise its powers under this regulation without notice if an unauthorised monument appears to be a danger to persons or property.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Register of burials","content":"### 10 Register of burials\n\n> The Council is to keep a register of burials and a plan of the cemetery.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Hours for burials","content":"### 11 Hours for burials\n\n> A burial is to be carried out at the cemetery during the reasonable hours that the Council determines.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Exhumation","content":"### 12 Exhumation\n\n> > (1)  The Council may, in writing, determine that a human body or human remains are to be, on the conditions, if any, specified in the determination, exhumed from any place of burial in the cemetery.\n> \n> > (2)  A determination under [subregulation (1)](#GS12@Gs1@EN) is to be made only on the written request of the Director of Public Health and is to include the conditions, if any, about the exhumation that are required by the Director of Public Health.\n> \n> > (3)  The Director of Public Health, before making a request under [subregulation (2)](#GS12@Gs2@EN) , is to consult with the Council about the conditions to be imposed on the exhumation.\n> \n> > (4)  The Council is to ensure that, following an exhumation, the human body or human remains are reburied in the same place in the cemetery or, if this is not possible, in some other place in the cemetery.\n> \n> > (5)  The reburial is to be in accordance with the conditions determined by the Council on the advice of the Director of Public Health.\n> \n> > (6)  The Council is to ensure that any exhumation or reburial is carried out in accordance with any requirement of the Director of Public Health or any person supervising the work on the Director's behalf.\n> \n> > (7)  A person must not remove a human body or human remains from any place of burial in the cemetery otherwise than in accordance with the determination and conditions specified under [subregulation (1)](#GS12@Gs1@EN) and any requirements under [subregulation (6)](#GS12@Gs6@EN) .\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Offences","content":"### 13 Offences\n\n> A person must not –\n> \n> > > (a) remove, damage, deface or otherwise interfere with any building, monument, memorial or other fixture or structure in the cemetery; or\n> > \n> > > (b) damage, deface or otherwise interfere with any part of the grounds of the cemetery, including any plants, flowers or tokens placed in those grounds; or\n> > \n> > > (c) remove any plants or flowers that are growing in the cemetery; or\n> > \n> > > (d) in any manner, hinder or disturb the performance in the cemetery of any religious or cultural ceremony relating to the burial of human remains; or\n> > \n> > > (e) sell any thing in the cemetery without the permission of the Council; or\n> > \n> > > (f) carry on, promote or advertise a trade, profession or business in the cemetery without the permission of the Council; or\n> > \n> > > (g) commit any breach of the peace or nuisance, or otherwise behave in an offensive manner, in the cemetery.\n> \n> Penalty:  Fine not exceeding 10 penalty units.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 9 April 2019\n\nThese regulations are administered in the Department of Communities Tasmania.","sortOrder":12}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the legislation appears to remain focused on its original, narrow intent — regulating the management and protection of the Settlement Point Cemetery on Aboriginal land in Tasmania. No amendments are indicated that would suggest scope creep or expansion."},"complexity_factors":["Very narrow and specific subject matter — a single named cemetery","Limited jurisdictional scope (Tasmania only)","Appears to be a straightforward regulatory instrument with no significant amendments since 2019","The provided text does not include the actual regulatory content (rules/provisions), limiting full analysis","Operates under a parent Act (Aboriginal Lands Act), adding a small layer of interpretive dependency"],"plain_english_summary":"These regulations set rules for managing, accessing and protecting the Settlement Point Cemetery, an Aboriginal burial site in Tasmania. They govern who may enter and how the site is cared for, with consequences for interference.\n\nThey primarily affect Aboriginal Tasmanians with ties to Settlement Point, the Aboriginal Land Council of Tasmania, members of the public seeking access, and government authorities charged with enforcement—ensuring cultural respect and protection of the burial ground."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations implement operational and procedural controls for the Settlement Point cemetery under the Aboriginal Lands Act 1995 rather than extending substantive legal rights. They allocate cemetery revenue for maintenance (reg 4), grant the Council discretion over burial approvals and conditions (reg 7), guarantee authorised religious/cultural representatives free access (regs 5–6), require permissions for monuments and allow removal and cost recovery for unauthorised or unsafe monuments (regs 8–9), set exhumation rules requiring a written Director of Public Health request and consultation (reg 12), and create offences and penalties (reg 13). Who pays: persons erecting unauthorised monuments may bear removal costs (reg 9(3)(b)); individuals breaching rules may incur fines (regs 8(2), 12(7), 13)."},"complexity_factors":["Defined technical terms and limited geographic scope (reg 3: definitions; 'cemetery' and 'unallocated portion')","Discretion delegated to the Council for approvals, conditions and hours (regs 4, 6, 7(4), 8(1), 11)","Procedural requirements for burial approvals and record‑keeping (reg 7: required information; reg 10: register & plan)","Interaction and conditional authority with the Director of Public Health for exhumations (reg 12)","Enforcement mechanics: penalties (regs 8(2), 12(7), 13) and cost recovery for unauthorised monuments (reg 9(3)(b))","Situations allowing action without notice for safety (reg 9(4))"],"plain_english_summary":"These regulations set operational rules for the Settlement Point cemetery: they require the Council to apply cemetery revenue to upkeep, manage approvals for burials tied to exclusive burial rights, allow authorised religious or cultural representatives free access, control the erection and removal of monuments, and set exhumation procedures and offences. They affect the Council, holders of exclusive burial rights, religious or cultural groups, monument installers, and visitors; compliance can result in conditions, fines or recovery of removal costs."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing operational rules for a specific cemetery on Aboriginal land. The scope covers cemetery management, burial procedures, cultural protections, and maintenance obligations — exactly what would be expected for subordinate legislation of this type. No significant mission creep or expansion beyond the core regulatory function is evident."},"complexity_factors":["Short, self-contained instrument with only 13 regulations","7 defined terms in the interpretation section, all straightforward (e.g., 'monument', 'cemetery', 'Act')","Minimal cross-referencing — only references to the parent Aboriginal Lands Act 1995 and Public Health Act 1997","Simple conditional structure: basic 'if-then' logic for burial approvals (regulation 7) and exhumations (regulation 12)","No nested exceptions or complex deeming provisions","Clear offence provisions with flat penalty structures (5 or 10 penalty units)","Procedural requirements are explicit and linear (application form details listed in subregulation 7(2))"],"plain_english_summary":"These regulations set the rules for managing the Settlement Point Cemetery, which is on Aboriginal land in Tasmania. They cover who can be buried there, how burials are approved, what religious and cultural ceremonies are allowed, and what behaviour is prohibited in the cemetery.\n\n**Key points:**\n\n- **Who runs it:** The Aboriginal Land Council of Tasmania (referred to as \"the Council\") manages the cemetery and must use any money it receives to maintain and improve the grounds.\n\n- **Who can be buried there:** Only people with an \"exclusive right of burial\" — either granted under the Aboriginal Lands Act or by previous trustees before these rules started. Families must apply to the Council for approval before burying someone, providing details like the deceased's name, dates of birth and death, and proof of their burial right.\n\n- **Religious and cultural rights:** The Council cannot interfere with religious or cultural mourning ceremonies or burials. Authorised representatives of religious or cultural groups have free access to perform burial rites without hindrance.\n\n- **Monuments and headstones:** You need Council permission to put up any monument (tombstone, plaque, etc.). The Council can remove unsafe or unauthorised monuments and charge the owner for the cost.\n\n- **Exhumations:** Bodies can only be dug up with written approval from the Council, and only if the Director of Public Health requests it for health reasons. Reburial must happen in the cemetery.\n\n- **Offences:** It's illegal to damage graves, disturb ceremonies, remove plants, sell things, run a business, or behave offensively in the cemetery. Fines apply for putting up unauthorised monuments (up to 5 penalty units) or improper exhumations and other offences (up to 10 penalty units).\n\n- **Records:** The Council must keep a burial register and a plan of the cemetery.\n\nThese rules balance the Council's management responsibilities with respect for Aboriginal cultural practices and community health needs."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-lands-settlement-point-cemetery-regulations-2019","history":"/api/acts/aboriginal-lands-settlement-point-cemetery-regulations-2019/history","analysis":"/api/acts/aboriginal-lands-settlement-point-cemetery-regulations-2019/analysis","conflicts":"/api/acts/aboriginal-lands-settlement-point-cemetery-regulations-2019/conflicts","importantCases":"/api/acts/aboriginal-lands-settlement-point-cemetery-regulations-2019/important-cases","documents":"/api/acts/aboriginal-lands-settlement-point-cemetery-regulations-2019/documents"}}