{"id":"burial-and-cremation-act-2022","name":"Burial and Cremation Act 2022","slug":"burial-and-cremation-act-2022","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29880,"registerId":"nt-burial-and-cremation-act-2022-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Burial and Cremation Act 2022.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) Subject to subsection (2), this Act commences on the day fixed by\nthe Administrator by Gazette notice.\n(2) If a provision of this Act does not commence before 23 May 2024, it\ncommences on that day.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are:\n(a) to enable and accommodate different methods and practices\nfor the burial, exhumation and disposal of human remains,\nincluding respecting the rights of Aboriginal people to practice\ncustoms and traditions in relation to burials, exhumations and\ndisposals; and\n(b) to ensure records of burials, exhumations and disposals of\nhuman remains are kept and maintained for the benefit of next\nof kin and future generations; and\n(c) to regulate record keeping for the protection and maintenance\nof burial sites; and\n(d) to recognise different burial areas for the burial of human\nremains; and\n(e) to regulate cemeteries for the burial of human remains; and\n\nBurial and Cremation Act 2022 2\n(f) to regulate the management of cemeteries in a way that takes\ninto account economic, social, cultural and regional interests;\nand\n(g) to regulate facilities for the disposal of human remains.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"4 Application of Act\nThis Act does not apply in relation to the following:\n(a) a cemetery or part of a cemetery controlled by the\nCommonwealth War Graves Commission incorporated by\nRoyal Charter on 21 May 1917;\n(b) a part of a human that has been or is intended to be disposed\nof following a medical or surgical procedure;\n(c) human remains that are a heritage object or archaeological\nobject, including an Aboriginal or Macassan archaeological\nobject, under the Heritage Act 2011;\n(d) human remains that are historically associated with a heritage\nplace or an archaeological place, including an Aboriginal or\nMacassan archaeological place, under the Heritage Act 2011;\n(e) the exhumation of human remains if the exhumation is\nauthorised under another law in force in the Territory.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Recognition of rights and interests of Aboriginal people","content":"5 Recognition of rights and interests of Aboriginal people\n(1) The rights and interests of Aboriginal traditional owners and\nAboriginal people specified in subsections (2), (3) and (4) are to be\nrecognised and the regulation of burials, exhumations, disposals\nand related activities under this Act must be in harmony with those\nrights and interests.\n(2) This Act is not intended to limit traditional rights to use Aboriginal\nland otherwise than in accordance with the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\n(3) This Act is not intended to limit native title rights and interests\notherwise than in accordance with the Native Title Act 1993 (Cth).\n(4) This Act must be interpreted in a way that does not prejudice\ntraditional rights and interests to use Aboriginal land and native title\nrights and interests to the extent those rights and interests are\nrecognised and protected by law.\n\nBurial and Cremation Act 2022 3\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Act binds Crown","content":"6 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its capacities.\n(2) The Crown is liable for an offence against this Act as a body\ncorporate.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"7 Definitions\nIn this Act:\nAboriginal community living area means an area granted as an\nAboriginal community living area under Part 8 of the Pastoral Land\nAct 1992, or the corresponding previous legislative provisions.\nAboriginal community living area association, see section 7 of\nthe Local Government Act 2019.\nAboriginal land, see section 3 of the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\naffected person, see section 187(2).\narchives service, see section 4 of the Information Act 2002.\nburial means the following:\n(a) natural burial in the ground without a shroud or funerary box;\n(b) burial in the ground in a shroud;\n(c) burial in the ground in a funerary box;\n(d) interment in a structure;\n(e) any other funerary practice for burial or interment.\nburial approval, see section 38(1).\nburial approval form, see section 40(1).\nburial area means the following areas of land:\n(a) a cemetery;\n(b) a burial ground.\n\nBurial and Cremation Act 2022 4\nburial fee, for a burial, means a fee charged for the following:\n(a) use of the burial plot;\n(b) digging the grave;\n(c) any other fee for a service required to undertake the burial.\nburial ground means an area of land declared to be a burial\nground by the Minister under section 31(1).\nburial outside a cemetery, see section 65(2).\ncemetery means an area of land declared to be a cemetery by the\nMinister under section 16(1).\ncemetery plan means a plan required for a cemetery under\nsection 24(1).\nCEO means the Chief Executive Officer of the Agency\nadministering this Act.\nclosed cemetery, see section 106.\ncommunity cemetery means a class of cemetery declared under\nsection 16(2)(b).\ncouncil, see section 7 of the Local Government Act 2019.\ncremation means the process of using fire and heat in a\npurpose-built furnace to reduce human remains to ashes.\nculturally sensitive information, in relation to a deceased person,\nmeans information identified as culturally sensitive in:\n(a) a burial approval form;\n(b) a burial notification;\n(c) an application for exhumation and relocation of human\nremains under section 87(1);\n(d) an exhumation notification;\n(e) a disposal approval form.\ndecision maker, see section 9.\ndecision notice, for a decision, means a written notice setting out\nthe matters required for a notice of decision under section 34 of the\nNorthern Territory Civil and Administrative Tribunal Act 2014.\n\nBurial and Cremation Act 2022 5\ndeclared infectious disease means a disease declared by the\nChief Health Officer under section 192(1).\ndisposal, in relation to human remains, means disposal by:\n(a) cremation; or\n(b) any other process prescribed by regulation.\ndisposal approval, see section 138(1).\ndisposal approval form, see section 139(1).\nenforcement order:\n(a) for a cemetery – means an order issued under section 164; or\n(b) for a facility – means an order issued under section 172.\nexclusive right of burial means a right mentioned in section 50(1).\nexhumation approval, see section 87(5).\nfacility means a place or premises, whether fixed or mobile, for\ncremation or any other process prescribed by regulation for the\ndisposal of human remains.\nfuneral director means a person who carries on the business of\narranging for the burial of human remains or the disposal of human\nfunerary box includes a coffin, casket or other container used to\nkeep human remains for burial.\ngrantee, in relation to an exclusive right of burial, means the\nindividual to whom an exclusive right of burial is granted under\nsection 50.\nhuman remains means the body, or part of a body, of a deceased\nperson, but does not include a body, or part of a body, that is\ncremated or undergoes any other process of disposal prescribed by\nregulation.\nindependent cemetery means a class of cemetery declared under\nsection 16(2)(d).\ninspector means an inspector appointed under section 149.\ninterest holder, see section 8.\n\nBurial and Cremation Act 2022 6\nLand Council means an Aboriginal Land Council established under\nthe Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).\nlocal cemetery means a class of cemetery declared under\nsection 16(2)(c).\nmanager:\n(a) of a cemetery – see section 23(1); or\n(b) of a facility – see section 131(1).\nmemorial means a gravestone, headstone, tombstone, plaque,\ntablet, cenotaph or any other permanent physical object used to\nmemorialise a deceased person.\nmultiple burials means the burial of human remains in a burial site\nwhere other human remains are already buried.\nnative title, see section 223 of the Native Title Act 1993 (Cth).\nnative title holder, see section 224 of the Native Title Act 1993\n(Cth).\nnative title rights and interests, see section 223 of the Native\nTitle Act 1993 (Cth).\nnext of kin, see section 10.\nofficer means a person specified in section 145(1).\npermanent record:\n(a) for a cemetery – means the records specified in\nsection 182(1); or\n(b) for a facility – means the records specified in section 182(2).\npersonal representative, in relation to a grantee, means the\nperson specified by the grantee under section 54(1)(b).\npremises includes:\n(a) land; and\n(b) a permanent or temporary building or construction on land.\nprovider means a person who, or body that, provides, or holds out\nto provide, a health service or community service.\n\nBurial and Cremation Act 2022 7\npublic cemetery means a class of cemetery declared under\nsection 16(2)(a).\nPublic Trustee, see section 5 of the Public Trustee Act 1979.\nrepresentative for a burial ground, see section 36(1).\nresponsible entity:\n(a) for a cemetery – see section 22(1); or\n(b) for a facility – see section 130(1).\nreviewable decision, see section 187(1).\nsemi-closed cemetery, see section 103.\nsenior next of kin, see section 11(1).\nstructure means a building or a portion of a building used to inter\nhuman remains.\nsuspended cemetery, see section 168(1).\nsuspension notice means a notice issued under section 175(1).\nundeclared area means an area of land that is not within a burial\narea.\nNote for section 7\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of interest holder","content":"8 Meaning of interest holder\nAn interest holder, in relation to land, means the following:\n(a) the person recorded in the land register, as defined in\nsection 4 of the Land Title Act 2000, as the person entitled to:\n(i) the fee simple interest in land; or\n(ii) a lease from the Crown under the Crown Lands\nAct 1992, the Pastoral Land Act 1992 or the Special\nPurposes Leases Act 1953;\n(b) if the land is an Aboriginal community living area – the\nassociation that holds interest in the land;\n\nBurial and Cremation Act 2022 8\n(c) if the land is Aboriginal land – the Land Trust, established\nunder the Aboriginal Land Rights (Northern Territory) Act 1976\n(Cth), that holds interest in the land;\n(d) if the land is subject to native title – the native title holder;\n(e) if the land is Crown land as defined in section 3 of the Crown\nLands Act 1992 – the Territory.\nNotes for section 8(c) and (d)\nA provision of this Act that deals with a matter relevant to an interest holder of\nAboriginal land or land that is subject to native title is subject to a provision\nrelating to that matter in the Aboriginal Land Rights (Northern Territory) Act 1976\n(Cth) or the Native Title Act 1993 (Cth) respectively – see section 5.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of decision maker","content":"9 Meaning of decision maker\nA decision maker, for a deceased person, means:\nperson; or\n(b) if there is no executor or administrator of the estate of the\ndeceased person – the senior next of kin; or\n(c) in any other case – the Public Trustee.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of next of kin","content":"10 Meaning of next of kin\nA next of kin, in relation to a deceased person, means any of the\nfollowing people:\n(a) for a deceased person who was an Aboriginal or Torres Strait\nIslander person and who had strong cultural and traditional\nties to a community or group – a person who, according to the\ncustoms and traditions of the community or group to which the\nperson belonged, is appropriate to perform that role;\n(b) a spouse;\n(c) a de facto partner;\n(d) a child of or above 18 years of age;\n(e) a parent;\n(f) a sibling of or above 18 years of age;\n(g) a person who, immediately before the death of the deceased\nperson, had a relationship with the deceased person.\n\nBurial and Cremation Act 2022 9\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of senior next of kin","content":"11 Meaning of senior next of kin\n(1) A senior next of kin, in relation to a deceased person, means one\nof the following people in descending order:\n(a) if the deceased person was an Aboriginal or Torres Strait\nIslander person and had strong cultural and traditional ties to a\ncommunity or group – a person who, according to the customs\nand traditions of that community or group to which the person\nbelonged, is appropriate to perform that role;\n(b) if paragraph (a) does not apply and the deceased person was,\nimmediately before death, both married and in a de facto\nrelationship then the senior next of kin is:\n(i) in the situation where the deceased person was in a\ncontinuous de facto relationship for at least the 2 years\nimmediately before death and the deceased person did\nnot at any time during those 2 years live with the\ndeceased person's spouse – the deceased person's\nde facto partner; or\n(ii) in the situation where the parent of the deceased\nperson's youngest child is the deceased person's\nde facto partner and the deceased person did not live\nwith the deceased person's spouse immediately before\ndeath – the deceased person's de facto partner; or\n(iii) in any other situation – the deceased person's spouse;\n(c) if paragraphs (a) and (b) do not apply and the deceased\nperson was, immediately before death, married – the\ndeceased person's spouse;\n(d) if paragraphs (a) to (c) do not apply and the deceased person\nwas, immediately before death, in a de facto relationship – the\ndeceased person's de facto partner;\n(e) if paragraphs (a) to (d) do not apply – the deceased person's\neldest child who is 18 years of age or older who can be\ncontacted within a reasonable period;\n(f) if paragraphs (a) to (e) do not apply – the deceased person's\nparent;\n(g) if paragraphs (a) to (f) do not apply – the deceased person's\neldest sibling who is 18 years of age or older who can be\ncontacted within a reasonable period;\n\nBurial and Cremation Act 2022 10\n(h) if paragraphs (a) to (g) do not apply – a person who\nimmediately before the death of the deceased person, had a\nrelationship with the deceased person.\nNote for subsection (1)(e)\nIf the eldest child cannot be contacted within a reasonable period, the next eldest\nchild who is 18 years of age or older who can be contacted is the senior next of\nkin for the deceased person.\nNote for subsection (1)(g)\nIf the eldest sibling cannot be contacted within a reasonable period, the next\neldest sibling who is 18 years of age or older who can be contacted is the senior\nnext of kin for the deceased person.\n(2) Despite the seniority order mentioned in subsection (1), a senior\nnext of kin must be the person in the most senior order:\n(a) who has not been certified as mentally unfit by 2 medical\npractitioners; and\n(b) who can be contacted within a reasonable period.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Mediation to facilitate dispute resolution","content":"12 Mediation to facilitate dispute resolution\n(1) The parties to the following disputes may engage in mediation to\nfacilitate a resolution or other outcome of the dispute if each party\nto the dispute agrees to participate in the mediation:\n(a) determination of the senior next of kin for a deceased person;\n(b) determination of a decision regarding the human remains of a\ndeceased person.\n(2) Any mediation must be conducted by a person agreed to by each\nparty to the dispute.\n(3) At the conclusion of a mediation, the person conducting the\nmediation must issue to each party to the dispute a certificate:\n(a) stating that the mediation took place; and\n(b) if the parties came to an agreement during the mediation –\nstating the agreement; and\n(c) setting out the outcome of the mediation.\n(4) If the parties come to an agreement during mediation, that\nagreement is binding on the parties for the purposes of this Act.\n(5) A party to the dispute may request that any part, or all parts, of the\nagreement mentioned in subsection (4) remain confidential and if all\n\nBurial and Cremation Act 2022 11\nparties agree, the part, or parts, of the agreement must not be\ndisclosed to any person other than for the administration of this Act\nor another Act.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Determination of senior next of kin","content":"13 Determination of senior next of kin\n(1) If there is a dispute regarding who is the senior next of kin for a\ndeceased person, a next of kin may:\n(a) request the other parties to the dispute to engage in mediation\nin accordance with section 12(1) to resolve the dispute; or\n(b) apply to NTCAT for a determination of the senior next of kin\nfor the deceased person.\n(2) NTCAT must consider the following in determining the senior next\nof kin:\n(a) the order of people mentioned in section 11(1);\n(b) if 2 or more people have equal status as the senior next of kin\nbecause of their standing under section 11(1)(a), (f) or (h) –\nwhether any of those people would provide to NTCAT an\nundertaking that they will organise and pay any relevant cost\nfor the burial or disposal of the deceased person;\n(c) if 2 or more people have equal status as the senior next of kin\nbecause of their standing under section 11(1)(f) or (h) – the\nnature of the relationship of each of those people to the\ndeceased person immediately before death.\n(3) NTCAT, after determining who is the senior next of kin for a\ndeceased person, may:\n(a) order that the person is the senior next of kin for the deceased\nperson; and\n(b) make any other order NTCAT considers appropriate.\n(4) Section 140 of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply to a decision of NTCAT under this\nsection.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Decision-making powers concerning human remains","content":"14 Decision-making powers concerning human remains\n(1) The decision maker for a deceased person has the power to:\n(a) make any decision required under this Act regarding the\nhuman remains of the deceased person in accordance with\nthis Act; and\n\nBurial and Cremation Act 2022 12\n(b) decide the outcome of any dispute regarding the human\nremains of the deceased person under this Act.\n(2) If there is more than one executor of the estate of the deceased\nperson and there is a dispute regarding the human remains of the\ndeceased person between the executors, an executor may:\n(a) request the other parties to the dispute to engage in mediation\nin accordance with section 12(1) to resolve the dispute; or\n(b) apply to NTCAT for a determination of which executor has the\nauthority to make decisions under this Act regarding the\nhuman remains of the deceased person.\n(3) NTCAT must consider the following in determining which executor\nhas authority to make decisions:\n(a) the status of each executor in relation to the hierarchy of\nsenior next of kin specified in section 11(1);\n(b) if the executors have equal status because of their standing\nunder section 11(1)(f) or (h) – the nature of the relationship of\neach executor to the deceased person immediately before\ndeath.\n(4) NTCAT, after determining which executor of the estate of the\ndeceased person has authority to make decisions under this Act\nregarding the deceased person, may:\n(a) order that the executor is the executor with authority to make\ndecisions under this Act regarding the deceased person; and\n(b) make any other order NTCAT considers appropriate.\n(5) Section 140 of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply to a decision of NTCAT under this\nsection.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Application of Criminal Code","content":"15 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 15\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nBurial and Cremation Act 2022 13\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Declaration of cemetery","content":"16 Declaration of cemetery\n(1) Subject to section 17, the Minister may, by Gazette notice, declare\nan area of land to be a cemetery.\n(2) The notice must classify the cemetery as one of the following\nclasses of cemetery:\n(a) a public cemetery;\n(b) a community cemetery;\n(c) a local cemetery;\n(d) an independent cemetery.\n(3) The notice must specify the following details:\n(c) the location of the cemetery.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Matters to be considered before declaration","content":"17 Matters to be considered before declaration\n(1) Before declaring an area of land to be a cemetery, the Minister\nmust take into account any matters prescribed by regulation relating\nto the declaration of a cemetery.\n(2) In addition to subsection (1), before declaring an area of land to be\nan independent cemetery, the Minister must:\n(a) consult with the responsible entity for any public cemetery,\ncommunity cemetery or local cemetery located within 100 km\nof the proposed independent cemetery; and\n(b) take into account the sustainability of the independent\ncemetery and each cemetery mentioned in paragraph (a) if the\nindependent cemetery was to be declared.\n\nBurial and Cremation Act 2022 14\n(3) The Minister must not declare a community cemetery, a local\ncemetery or an independent cemetery unless the Minister is\nsatisfied that there is one of the following documents:\n(a) a lease between the lessor of the land and the prospective\nresponsible entity for the land to be used as a cemetery;\n(b) a sublease between the sublessor of the land and the\nprospective responsible entity for the land to be used as a\n(c) a licence issued by the licensor of the land to the prospective\nresponsible entity for the land to be used as a cemetery;\n(d) a written agreement between each interest holder of the land\nand the prospective responsible entity for the land to be used\nas a cemetery;\n(e) if an interest holder is the prospective responsible entity –\nwritten consent from each interest holder of the land or if there\nis only one interest holder, written confirmation from the\ninterest holder, for the land to be used as a cemetery.\nExample for subsection (3)(d)\nFor land subject to native title, an indigenous land use agreement under the\nNative Title Act 1993 (Cth) that authorises the use of the land as a burial area.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Agency to keep register of cemeteries","content":"18 Agency to keep register of cemeteries\n(1) The Agency must establish and maintain a register of cemeteries\ndeclared by the Minister under section 16(1).\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Minister may change details of cemetery","content":"19 Minister may change details of cemetery\n(1) The Minister may, by Gazette notice, change the following:\n(c) the location of the cemetery.\n(2) Before the Minister makes a change under subsection (1), the\nMinister must:\n(a) have regard to any matters prescribed by regulation relating to\nchanging the details of a cemetery; and\n\nBurial and Cremation Act 2022 15\n(b) in the case of a change of responsible entity for a community\ncemetery, a local cemetery or independent cemetery under\nsubsection (1)(b) – be satisfied there is one of the documents\nmentioned in section 17(3) for the new responsible entity.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Minister may change class of cemetery","content":"20 Minister may change class of cemetery\n(1) The Minister may, by Gazette notice, change the class of a\n(2) The notice must specify who is the responsible entity for the\n(3) Before the Minister changes the class of a cemetery under\nsubsection (1), the Minister must have regard to any matters\nprescribed by regulation relating to changing the class of a\nNote for section 20\nA change in a class of cemetery is subject to the matters mentioned in\nsection 17.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Minister may revoke declaration of cemetery","content":"21 Minister may revoke declaration of cemetery\n(1) If there are no human remains buried in a cemetery, the Minister\nmay, by Gazette notice, revoke the declaration of the cemetery.\n(c) the location of the cemetery;\n(d) the date the revocation takes effect.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Responsible entity for cemetery","content":"22 Responsible entity for cemetery\n(1) The responsible entity for a cemetery is as follows:\n(a) for a public cemetery or a community cemetery located in a\ncouncil area – the council;\n(b) for a public cemetery or a community cemetery located\noutside a council area – the entity specified in the notice under\nsection 16(1);\n\nBurial and Cremation Act 2022 16\n(c) for a local cemetery – the Aboriginal corporation, Aboriginal\ncommunity living area association or other entity specified in\nthe notice under section 16(1);\n(d) for an independent cemetery – the entity specified in the\nnotice under section 16(1).\n(2) For subsection (1), the responsible entity for a cemetery must be a\nbody corporate or an individual.\n(3) The responsible entity for a cemetery must manage and control the\n(4) The responsible entity has the following functions:\n(a) to establish a cemetery plan for the cemetery;\n(b) to establish policies for the cemetery;\n(c) to ensure that there is access to equipment to undertake\nburials and exhumations in the cemetery;\n(d) to care for and maintain the cemetery;\n(e) to fund the maintenance of the cemetery;\n(f) to ensure that the cemetery is accessible to the public in\naccordance with this Act or another Act;\n(g) to ensure that the burial register is accessible to the public in\naccordance with this Act or another Act;\n(h) any other functions conferred on the responsible entity under\n(5) In exercising a power or function under this Act, the responsible\nentity must have regard to the following:\n(a) if the cemetery serves a particular cultural or religious\ncommunity – the values of that community;\n(b) the heritage value of the cemetery, including the heritage\nsignificance of a heritage place or heritage object under the\nHeritage Act 2011;\n(c) the most efficient way of maintaining the cemetery.\n(6) In this section:\ncouncil area, see section 7 of the Local Government Act 2019.\n\nBurial and Cremation Act 2022 17\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Manager of cemetery","content":"23 Manager of cemetery\n(1) The manager of a cemetery is the chief executive officer of the\nresponsible entity for the cemetery.\n(2) If the responsible entity mentioned in subsection (1) does not have\na chief executive officer, the manager of the cemetery is the person\nemployed in the position equivalent to a chief executive officer for\nthat responsible entity.\n(3) The responsible entity for a cemetery must notify the Agency of the\nfollowing information regarding the manager of the cemetery:\n(a) the full name of the manager;\n(b) the contact details of the manager.\n(4) A notification under subsection (3) must be in writing and occur as\nsoon as reasonably practicable after the person becomes the\nmanager of the cemetery.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Cemetery plans","content":"24 Cemetery plans\n(1) The responsible entity for a cemetery must establish and maintain a\ncemetery plan for the cemetery.\n(2) A cemetery plan must include the following information:\n(a) the layout of the cemetery that identifies any portion of the\ncemetery for specific use;\n(b) the types of burials available in the cemetery;\n(c) the location of each burial site;\n(d) whether multiple burials are permitted in the cemetery;\n(e) whether exclusive rights of burial are available in the\n(f) the date the cemetery plan was last reviewed in accordance\nwith subsection (4);\n(g) any other matter prescribed by regulation.\nExample for subsection (2)(c)\nAn aerial photograph that indicates the plot number for each burial site in the\n(3) A burial approval may still be given to bury human remains in the\ncemetery before the cemetery plan is established.\n\nBurial and Cremation Act 2022 18\n(4) The responsible entity for a cemetery must review the cemetery\nplan at least every 4 years.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Public opening hours of public cemetery","content":"25 Public opening hours of public cemetery\nA public cemetery must be open to the public for a minimum of\n8 hours a day.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Fees for cemetery services","content":"26 Fees for cemetery services\n(1) The responsible entity for a cemetery may impose a fee to be\ncharged for a service.\n(2) The amount of any fees charged by the responsible entity for a\ncemetery must be specified as individual fees for each good or\nservice provided by the responsible entity.\nExample for subsection (2)\nThe fee for the use of a burial plot and the fee for digging the grave must be\nspecified as individual fees and cannot be combined to be specified as one fee.\n(3) A burial fee charged by the responsible entity for a community\ncemetery or a local cemetery must not exceed the estimated cost\nincurred in relation to carrying out the burial.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Waiver of fees","content":"27 Waiver of fees\n(1) The responsible entity for a cemetery may grant a waiver, wholly or\npartly, of a fee charged by the responsible entity.\n(2) The granting of the waiver must be in accordance with:\n(a) any guidelines made by the CEO under section 194; and\n(b) any policy established by the responsible entity for the waiver\nof fees.\n(3) Subject to subsection (4), the responsible entity for a cemetery may\nestablish a policy for the waiver of fees charged by the responsible\nentity.\n(4) The responsible entity for a community cemetery or a local\ncemetery must establish a policy for the waiver of burial fees\ncharged by the responsible entity.\n(5) A policy established by the responsible entity for a cemetery under\nsubsection (3) or (4) must provide for the following:\n(a) circumstances in which a fee may be waived, including\nalleviating financial hardship;\n\nBurial and Cremation Act 2022 19\n(b) the process for applying for a waiver, including establishing\nfinancial hardship;\n(c) the process for granting a waiver.\n(6) A policy established by the responsible entity for a cemetery under\nsubsection (3) or (4) must not be inconsistent with any guidelines\nmade by the CEO under section 194.\n(7) The responsible entity for a cemetery must:\n(a) publish the policy mentioned in subsection (3) or (4) on the\nresponsible entity's website; and\n(b) provide, or make available, a copy of the policy for waiving\nburial fees mentioned in subsection (4) to each person\napplying for a burial approval.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Multiple burials policy","content":"28 Multiple burials policy\n(1) The responsible entity for a cemetery must establish a policy for\nmultiple burials if the responsible entity permits multiple burials in\n(2) The policy must provide for the following matters:\n(a) the application process for a multiple burial;\n(b) information and conditions relating to multiple burials;\n(c) the date the policy was last amended or replaced.\nNote for section 28\nPart 3, Division 1 provides for the application process for burials within a\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Information to be publicly available","content":"29 Information to be publicly available\nThe responsible entity for a cemetery must ensure that the following\ninformation is available on the responsible entity's website:\n(a) the cemetery plan;\n(b) general information relating to the cemetery including the\npublic opening hours of the cemetery;\n(c) details of the application process for a burial approval;\n(d) if available at the cemetery – details of the application process\nfor an exclusive right of burial;\n\nBurial and Cremation Act 2022 20\n(e) the amount of any fees charged by the responsible entity and\nspecified as individual fees;\n(f) any other information prescribed by regulation.\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Information to be displayed at cemetery","content":"30 Information to be displayed at cemetery\nThe responsible entity for a cemetery must ensure that the following\ninformation is displayed at the cemetery:\n(b) the contact details of the responsible entity;\n(c) for a public cemetery – the public opening hours of the\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Declaration of burial ground","content":"31 Declaration of burial ground\n(1) Subject to section 32, the Minister may, by Gazette notice, declare\nan area of land to be a burial ground for the burial of human\n(b) the name of the representative for the burial ground;\n(c) the location of the burial ground.\n(3) For a burial ground that is located on Aboriginal land, the burial\nground may incorporate more than one area of land held by one or\nmore Land Trusts.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Matters to be considered before declaration","content":"32 Matters to be considered before declaration\n(1) Before declaring a burial ground, the Minister must take into\naccount any matters prescribed by regulation relating to the\ndeclaration of a burial ground.\n(2) The Minister must not declare a burial ground if:\n(a) the proposed area of land overlaps with another burial area; or\n\nBurial and Cremation Act 2022 21\n(b) in the case of the proposed area of land being located on\nAboriginal land – the area has more than one Land Council for\nthat area.\nNotes for subsection (2)(a)\n1 A parcel of land may have more than one burial area located on it as long\nas the burial areas do not overlap.\n2 Burial area means a cemetery or a burial ground.\n(3) The Minister must not declare a burial ground unless the Minister is\nsatisfied that there is written consent:\n(a) from each interest holder of the proposed burial ground for the\nuse of the land as a burial ground; and\n(b) from the prospective representative to be the representative\nfor the burial ground.\nExample for subsection (3)\nFor land subject to native title, an indigenous land use agreement under the\nNative Title Act 1993 (Cth) that authorises the use of the land as a burial area.\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Agency to keep register of burial grounds","content":"33 Agency to keep register of burial grounds\n(1) The Agency must establish and maintain a register of burial\ngrounds declared by the Minister under section 31(1).\n(3) If the representative for a burial ground consents, in writing, to the\nrepresentative's name and contact details being published on the\nAgency's website, the Agency must publish those details with the\ncopy of the register mentioned in subsection (2).\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Minister may change details of burial grounds","content":"34 Minister may change details of burial grounds\n(1) The Minister may, by Gazette notice, change the following details of\na burial ground:\n(b) the representative for the burial ground;\n(c) the location of the burial ground.\n\nBurial and Cremation Act 2022 22\n(2) Before the Minister changes the details of a burial ground under\nsubsection (1), the Minister must:\n(a) be satisfied there is written consent from each interest holder\nof the burial ground and the representative for the burial\nground; and\n(b) have regard to any matters prescribed by regulation relating to\nchanging the details of a burial ground.\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Minister may revoke declaration of burial ground","content":"35 Minister may revoke declaration of burial ground\n(1) The Minister may, by Gazette notice, revoke the declaration of the\nburial ground if there is written consent from each interest holder of\nthe burial ground for the revocation.\n(b) the representative for the burial ground;\n(c) the location of the burial ground;\n(d) the date the revocation takes effect.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Representative for burial ground","content":"36 Representative for burial ground\n(1) The representative for a burial ground is:\n(a) for Aboriginal land – the Land Council for the area on which\nthe burial ground is located; or\n(b) for all other land – the entity agreed to by each interest holder\nof the burial ground.\nExamples for subsection (1)(b)\nFor land that is subject to native title, the registered native title body corporate as\ndefined in section 253 of the Native Title Act 1993 (Cth) or the Land Council for\nthe area on which the burial ground is located.\n(2) Despite subsection (1), an interest holder of Aboriginal land may\nnominate another entity to be the representative for the burial\nground if the entity mentioned in subsection (1) does not consent to\nbe the representative.\n(3) An entity mentioned in subsection (1)(b) or (2) must:\n(a) be a body corporate or an individual; and\n(b) consent to being the representative for the burial ground.\n\nBurial and Cremation Act 2022 23\n(4) The representative for a burial ground has the following functions:\n(a) to be the point of contact with the public for proposed burials\nand exhumations in the burial ground, if relevant;\n(b) to consent to burials in the burial ground, if relevant;\n(c) to receive information about burials and exhumations in the\nburial ground from the Agency;\n(d) to provide comments under section 79(1) in relation to the\nrequest for information in the register of burials outside a\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Burial in undeclared area","content":"37 Burial in undeclared area\n(1) A person may, in accordance with Part 3, Division 4, bury the\nhuman remains of a deceased person in an undeclared area.\n(2) The regulations may prescribe restrictions on the location of a burial\nin an undeclared area.\n(3) Before a regulation is made prescribing a restriction on the location\nof a burial in an undeclared area, the Minister must consult with the\nfollowing on the proposed restriction:\n(a) all Land Councils;\n(b) for a restriction that relates to pastoral land – the Minister\nresponsible for administering the Pastoral Land Act 1992.\n(4) If there is an inconsistency between the regulations and the\nexercise of traditional rights to use Aboriginal land or native title\nrights and interests, or a reasonable belief in the existence of those\nrights and interests:\n(a) for Aboriginal land – the rights and interests prevail to the\nextent of the inconsistency; or\n(b) for land that is subject to native title – the rights and interests\nprevail to the extent of the inconsistency, subject to the rights\nand interests of any other interest holder that prevail over\nnative title rights and interests in accordance with the Native\nTitle Act 1993 (Cth).\n\nBurial and Cremation Act 2022 24\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Application for burial approval","content":"38 Application for burial approval\n(1) The manager of a cemetery may approve the burial of human\nremains in the cemetery (a burial approval).\n(2) A person may apply to the manager for a burial approval by\nsubmitting the following:\n(a) the following details regarding the applicant:\n(i) full name, address and contact details;\n(ii) relationship to the deceased person;\n(b) a burial approval form;\n(c) one of the following documents in relation to the deceased\nperson:\n(ii) a certificate under section 12(3) of the Births, Deaths\n(iii) a certificate issued by the coroner or the coroner's clerk\nunder section 17(1) of the Coroners Act 1993;\n(iv) a certificate issued by the Registrar under\nRegistration Act 1996 certifying the registration of the\ndeath of the deceased person;\n(d) if the burial is a multiple burial – confirmation of consent\nrequired under section 44(2);\n(e) confirmation of the notification of, or confirmation of\nreasonable attempts to notify, the decision maker for the\n(f) any objection, known to the applicant, from the decision maker\nfor the deceased person to the burial of the deceased person.\nSections 185 and 186 include other provisions relevant to an application.\n\nBurial and Cremation Act 2022 25\n(3) The manager of a cemetery may not apply for a burial approval\nunder subsection (2) to bury human remains in that cemetery.\n(4) The manager of a cemetery may request a copy of the document\nrequired under subsection (2)(c)(i) or (ii) from a provider if the\ndocument is not submitted under subsection (2).\n(5) If the manager of a cemetery requests a copy of a document under\nsubsection (4), the provider must provide a copy of the document to\nthe manager unless the provider does not have access to the\ndocument.\n(6) The burial approval may be given subject to any conditions that the\nmanager of the cemetery considers appropriate.\n(7) Despite subsection (6), the manager of a cemetery must not\nimpose a condition on a burial approval that is intended to limit the\nexercise of rights and interests mentioned in section 5 unless the\ncondition is imposed for environmental protection, public health\npurposes or public safety purposes.\n(8) If the manager of a cemetery knows there is an objection from the\ndecision maker for the deceased person under subsection (2)(f) or\nsection 45(1), the manager of the cemetery must not approve the\nburial of the human remains of the deceased person unless the\ndecision maker withdraws, in writing, the decision maker's\nobjection.\n(9) A manager of a cemetery may refuse to approve a burial unless:\n(a) the proposed burial relates to the exercise of rights and\ninterests mentioned in section 5; and\n(b) the proposed burial does not contravene this Act or another\nAct.\n(10) If a manager of a cemetery refuses to approve a burial, the\nmanager must give the applicant a decision notice.\nNote for subsection (10)\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Conditions on burial approval","content":"39 Conditions on burial approval\n(1) The applicant must comply with any conditions imposed on the\nburial approval.\n\nBurial and Cremation Act 2022 26\n(2) The applicant may, in writing, request the manager of a cemetery to\nvary or remove any condition of a burial approval.\n(3) When making a decision to vary or remove a condition of a burial\napproval, the manager of a cemetery must consider whether a\ncondition imposed on a burial approval is consistent with the\nobjects of this Act.\n(4) The manager of a cemetery must give a new burial approval under\nsection 38(1) if the manager approves a request to vary or remove\na condition imposed on a burial approval.\n(5) The manager of a cemetery may refuse to approve a request to\nvary or remove any condition imposed on a burial approval.\n(6) If the manager refuses to approve a request to vary or remove any\ncondition imposed on a burial approval, the manager must give the\napplicant a decision notice.\nNote for subsection (6)\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Burial approval form","content":"40 Burial approval form\n(1) A burial approval form must include the following information\nabout the deceased person, if known:\n(a) full name;\n(b) sex or gender;\n(c) date of birth;\n(d) country of birth;\n(e) date of death;\n(f) place of death;\n(g) address of residence immediately before death;\n(h) any other information prescribed by regulation.\n(2) The applicant may include a statement in the burial approval form\ninforming the manager of the cemetery that certain information\nmentioned in subsection (1) is culturally sensitive information.\n\nBurial and Cremation Act 2022 27\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Burial approval given without application or incomplete","content":"41 Burial approval given without application or incomplete\napplication\n(a) an application for approval to bury the human remains of a\ndeceased person under section 38(2):\n(i) is not submitted; or\n(ii) does not comply with the requirements specified in\nsection 38(2)(c) to (f); and\n(b) the person gives a burial approval for the human remains of\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Burial without approval","content":"42 Burial without approval\n(a) the person intentionally buries human remains; and\n(b) the human remains are buried in a cemetery; and\n(c) a burial approval was not given for the burial of those human\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Manner or undertaking of burial","content":"43 Manner or undertaking of burial\n(1) The responsible entity for a cemetery, other than an independent\ncemetery, must not require that human remains be contained in a\nfunerary box for a burial in the ground.\n(2) The responsible entity for a public cemetery or an independent\ncemetery may require that human remains are to be wrapped in a\nshroud for a burial in the ground if the human remains are not\nproposed to be contained in a funerary box for the burial.\n\nBurial and Cremation Act 2022 28\n(3) The responsible entity for a cemetery, other than an independent\ncemetery, must not require a burial to be undertaken by a funeral\ndirector.\n(4) The regulations may prescribe further requirements for the manner\nor undertaking of a burial in a cemetery.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Multiple burials","content":"44 Multiple burials\n(1) Subject to the responsible entity's policy for multiple burials\nestablished under section 28(1), the manager of a cemetery may\nauthorise multiple burials at a burial site.\n(2) In addition to the other requirements for the approval of a burial, the\napplicant must also provide confirmation of consent for the\nproposed multiple burial from each decision maker for each\ndeceased person buried at the burial site.\n(3) A person must not bury human remains from multiple deceased\npersons in a particular burial site unless the human remains are\nburied in accordance with the requirements of section 81.\n(4) If there is an exclusive right of burial for the burial site of a proposed\nmultiple burial, the multiple burial must be in accordance with that\nright.\n(5) The regulations may prescribe further requirements for multiple\nburials in a cemetery.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Objection to burial in a cemetery","content":"45 Objection to burial in a cemetery\n(1) The decision maker for a deceased person may object to the burial\nof human remains of the deceased person in a cemetery.\n(2) The objection must be made in writing to the manager of the\ncemetery at which it is proposed to bury human remains of the\ndeceased person and state the following:\n(a) the person is the decision maker for the deceased person;\n(b) the reasons for the objection.\n(3) An objection mentioned in subsection (1) may be withdrawn, in\nwriting, by the decision maker who submitted the objection.\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Register of burials","content":"46 Register of burials\n(1) The responsible entity for a cemetery must establish and maintain a\nregister of the burials of human remains in the cemetery.\n\nBurial and Cremation Act 2022 29\n(2) The register must include the following information regarding each\nburial in the cemetery:\n(a) the information mentioned in section 40(1);\n(b) the date of burial;\n(c) the plot number, GPS coordinates or other means of locating\nthe burial site;\n(d) the type of burial;\n(e) the depth of the human remains below ground level, if\napplicable;\n(f) the full name of the person who officiated at the ceremony, if\nany;\n(g) the full name of the funeral director or any other person\nresponsible for undertaking the burial;\n(h) descriptive details of any memorial erected at the burial site;\n(i) the date of erection of any memorial at the burial site, if\nknown;\n(j) if the human remains have been exhumed after a burial – the\ninformation required by section 91;\n(k) any other information prescribed by regulation.\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Access to information in register of burials","content":"47 Access to information in register of burials\n(1) The manager of a cemetery must, on request from the following\npersons, provide the person with a copy or summary of information\nin the register of burials for the entry of a deceased person:\n(b) any next of kin of the deceased person;\n(c) the applicant for the burial approval for the deceased person.\n(2) The manager of a cemetery must, on request, provide a copy or\nsummary of information in the register of burials to any Agency.\n(3) The manager of a cemetery may, on request of a person or\nsummary of information in the register of burials for the entry of a\ndeceased person, if satisfied the person or organisation has an\n\nBurial and Cremation Act 2022 30\nadequate reason for wanting a copy or summary of that information.\n(4) In deciding whether a person or an organisation has an adequate\nreason for wanting a copy or summary of information in the register\nof burials for the entry of a deceased person, the manager must\nhave regard to the following:\n(5) If information is specified as culturally sensitive information in the\nburial approval form, that information must be redacted when\nproviding a copy or summary of information under subsection (3).\n(6) The production of a copy or summary of information in the register\nunder subsection (1) or (3) must be done in accordance with any\npolicy determined by the responsible entity for a cemetery.\n(7) The responsible entity for a cemetery may determine and charge a\nfee for the production of a copy or summary of information in the\nregister under subsection (1) or (3).\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Application for authorisation to erect memorial","content":"48 Application for authorisation to erect memorial\n(1) Before erecting a memorial in a public cemetery, a person must, in\nwriting, apply to the manager of the cemetery for authorisation to\nerect a memorial in the cemetery.\n(2) The manager may authorise the erection of the memorial in\naccordance with any policy determined by the responsible entity.\n(3) The manager may authorise the erection of the memorial subject to\nany conditions the manager considers appropriate.\n(4) The applicant must comply with any conditions imposed under\nsubsection (3).\n\nBurial and Cremation Act 2022 31\n(5) If there is an exclusive right of burial at a burial site, the manager\nmust not authorise the erection of a memorial at that site unless:\n(a) the grantee of the exclusive right of burial consented to the\nerection of the memorial; or\n(b) if the grantee of the exclusive right of burial is deceased – the\nperson mentioned in section 55(1) consented to the erection\nof the memorial.\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Requirement to repair memorial","content":"49 Requirement to repair memorial\n(1) If a memorial in a public cemetery becomes unsafe, the responsible\nentity for the cemetery may, by written notice, require the person\nwho was authorised to erect the memorial to repair, remove or\nreinstate the memorial within a reasonable period specified in the\nnotice.\nThe responsible entity must provide all the options (repair, remove or reinstate a\nmemorial) to the applicant.\n(2) A notice under subsection (1) must also state that the applicant\nmay apply to NTCAT for a review of the requirement made under\n(3) If the work required under subsection (1) is not carried out within\nthe period specified in the notice, the responsible entity may carry\nout the required work.\n(4) If a memorial in a public cemetery becomes unsafe or is damaged\ndue to the actions of the responsible entity for the cemetery, the\nresponsible entity:\n(a) must make reasonable attempts to provide, by written notice\nto the applicant for that memorial, information:\n(i) on the state of the memorial; and\n(ii) on the responsible entity's plan to repair or reinstate the\nmemorial within a reasonable period; and\n(b) must repair or reinstate the memorial within a reasonable\nperiod; and\n\nBurial and Cremation Act 2022 32\n(c) must not recover costs of repair or reinstatement from the\napplicant.\n(5) The applicant may, in writing, waive the requirement of the\nresponsible entity to repair or reinstate a memorial under\nsubsection (4).\n(6) If the applicant waives the requirement of the responsible entity to\nrepair or reinstate a memorial under subsection (5), the responsible\nentity:\n(a) must remove the memorial if it is unsafe; or\n(b) may remove the memorial if the applicant provides consent for\nthe removal.\n(7) A written notice under subsection (1) or (4) is not required if:\n(a) a memorial in a public cemetery becomes unsafe; and\n(b) urgent action to repair, remove or reinstate the memorial is\nconsidered necessary by the responsible entity.\n(8) The responsible entity for the cemetery may carry out the work\nmentioned in subsection (7)(b).\n(9) In this section:\nunsafe, in relation to a memorial, means likely to cause physical\ndanger to a person.\n","sortOrder":48},{"sectionNumber":"Div 3","sectionType":"division","heading":"Exclusive rights of burial in public cemetery or","content":"Division 3 Exclusive rights of burial in public cemetery or\nindependent cemetery\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Grant of exclusive right of burial","content":"50 Grant of exclusive right of burial\n(1) An exclusive right of burial entitles the grantee to the exclusive right\nto bury any human remains at a specific burial site in a public\ncemetery or an independent cemetery.\n(2) In accordance with the responsible entity's policy, the manager of a\npublic cemetery or an independent cemetery, on payment of the\nrelevant fee, may grant to an individual an exclusive right of burial\nin that cemetery.\n(3) A particular exclusive right of burial cannot be granted:\n(a) to more than one individual; or\n\nBurial and Cremation Act 2022 33\n(b) subject to section 51, for a specific burial site if human\nremains are already buried at that burial site.\n(4) An exclusive right of burial may be granted subject to any\nconditions that the manager specifies in the right.\n(5) The responsible entity may determine and charge a fee for an\nexclusive right of burial.\n(6) Exclusive rights of burial are not available in community cemeteries\nor local cemeteries.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Exclusive right of burial granted after burial","content":"51 Exclusive right of burial granted after burial\nDespite section 50(3)(b), the manager of a public cemetery or\nindependent cemetery, on payment of the relevant fee, may grant\nto the person who applied for approval to bury the human remains\nof a deceased person an exclusive right of burial for a specific\nburial site where the human remains of the deceased person are\nalready buried if:\n(a) the human remains were buried within 12 months from the\ndate the application for the right is made; and\n(b) no other human remains are buried at the burial site.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Certificate of grant of exclusive right of burial","content":"52 Certificate of grant of exclusive right of burial\n(1) The manager must issue to the grantee a certificate of the grant if\nthe manager of a public cemetery or an independent cemetery\ngrants an exclusive right of burial.\n(2) The certificate of a grant of an exclusive right of burial must contain\nthe following information:\n(a) the name of the responsible entity;\n(b) the name and location of the cemetery;\n(c) the full name of the manager of the cemetery;\n(d) the location of the specific burial site;\n(e) the full name of the grantee;\n(f) the date the right of burial was granted;\n(g) the period of duration of the right of burial;\n(h) any conditions specified by the manager on the grant of the\nright;\n\nBurial and Cremation Act 2022 34\n(i) the full name of the personal representative for the grantee;\n(j) the full names of each person specified to be buried at the\nburial site;\n(k) any conditions specified by the grantee for the exercise of the\nright.\n(3) If the manager of a public cemetery or an independent cemetery is\nsatisfied that a certificate of a grant of an exclusive right of burial is\nlost, misappropriated or destroyed, the manager may, on payment\nof the relevant fee, issue a duplicate certificate to:\n(a) the grantee; or\n(b) if the grantee is deceased – the person mentioned in\nsection 55(1).\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Duration of right","content":"53 Duration of right\nAn exclusive right of burial expires on:\n(a) the day that is 50 years after the day on which the right was\nissued; or\n(b) if the certificate issued under section 52(1) specifies a shorter\nperiod for the duration of the right – the earlier date.\nNote for section 53\nDivision 3, Subdivision 3 sets out the process for the expiry and renewal of an\nexclusive right of burial.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Entitlements of exclusive right of burial","content":"54 Entitlements of exclusive right of burial\n(1) The grantee is entitled to do the following under an exclusive right\nof burial:\n(a) bury human remains in accordance with a burial approval at\nthe burial site for which the right was granted;\n(b) specify a personal representative to exercise the right once\nthe grantee is deceased;\n(c) specify persons whose human remains are to be buried at the\nburial site in respect of which the right was granted;\n(d) specify any conditions on the exercise of the right upon the\ndeath of the grantee.\n(2) The grantee may amend any information under subsection (1) from\ntime to time.\n\nBurial and Cremation Act 2022 35\n(3) A grantee is the only person who has the entitlement to specify or\namend any information in subsection (1)(b), (c) or (d).\n(4) If the grantee amends any information under subsection (2), the\nmanager of the cemetery must:\n(a) update the certificate of the grant with the updated\ninformation; and\n(b) reissue the certificate of the grant to the grantee with the\noriginal duration of the right or the new duration of the right if\nthe right is renewed under section 62(5).\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Exercise of exclusive right of burial","content":"55 Exercise of exclusive right of burial\n(1) If the grantee of an exclusive right of burial is deceased, the right\nmay be exercised, subject to any conditions specified on the\ncertificate issued under section 52(1), by:\n(a) the personal representative for the grantee; or\n(b) if the grantee did not specify a personal representative – the\ndecision maker for the deceased grantee.\n(2) Despite subsection (1), the person exercising the exclusive right of\nburial may only exercise the right if:\n(a) the person has not been certified as mentally unfit by\n2 medical practitioners; and\n(b) the person can be contacted within a reasonable period.\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Change of contact details","content":"56 Change of contact details\n(1) If the contact details for the grantee change, the grantee must notify\nthe responsible entity as soon as practicable after the change.\n(2) If the contact details for the personal representative for the grantee\nchange, the grantee or the personal representative must notify the\nresponsible entity as soon as practicable after the change.\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Exclusive rights of burial policy","content":"57 Exclusive rights of burial policy\ncemetery must establish a policy for exclusive rights of burial if the\nresponsible entity permits exclusive rights of burial in the cemetery.\n(2) The policy must provide for the following matters:\n(a) the application process for an exclusive right of burial;\n\nBurial and Cremation Act 2022 36\n(b) the renewal process for an exclusive right of burial;\n(c) information regarding the certificate of an exclusive right of\nburial including the information to be specified on the\ncertificate;\n(d) the maximum period of duration of the exclusive right of burial;\n(e) the notification process for updating the contact details of the\ngrantee of an exclusive right of burial and the personal\nrepresentative for the grantee;\n(f) the policy for refunds of payments for exclusive rights of burial\nin relation to the surrender of unexercised rights;\n(g) the date the policy was last amended or replaced.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Transfer of exclusive right of burial prohibited","content":"58 Transfer of exclusive right of burial prohibited\nAn exclusive right of burial is not transferable to another person.\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Surrender of unexercised right of burial","content":"59 Surrender of unexercised right of burial\n(1) The grantee of an unexercised exclusive right of burial may\nsurrender the right to the manager of the public cemetery or\nindependent cemetery for which it was granted.\n(2) Subsection (1) includes a right that has been exercised but after\nwhich the human remains have been exhumed.\n(3) A grantee surrendering an exclusive right of burial has no further\nentitlements under that right.\n(4) If an exclusive right of burial is surrendered, the manager may do\nany of the following in respect of the burial site to which the\nsurrendered right applied:\n(a) grant a new exclusive right of burial under section 50(2);\n(b) give a burial approval under section 38(1) for the burial of\nhuman remains not in relation to an exclusive right of burial;\n(c) use the area for a different purpose other than burying human\n\nBurial and Cremation Act 2022 37\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Refund for surrendered exclusive rights of burial","content":"60 Refund for surrendered exclusive rights of burial\ncemetery must establish a policy for refunds of payments for\nexclusive rights of burial in relation to the surrender of unexercised\nexclusive rights of burial under section 59(1) if the responsible\nentity provides for exclusive rights of burial.\n(2) The manager of the cemetery must ensure that a person applying\nfor an exclusive right of burial is aware of the refund policy before\nentering into an agreement for the exclusive right of burial.\n(3) The refund policy that applies to the surrender of the exclusive right\nof burial is the policy current at the time the person entered into the\nagreement for the exclusive right of burial.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Notification of expiry of exclusive right of burial","content":"61 Notification of expiry of exclusive right of burial\n(1) At least 12 months before an exclusive right of burial expires, the\nmanager of the public cemetery or independent cemetery to which\nthe right applies must take reasonable steps to notify the following\npersons that the right will expire at the end of the period for which it\nwas granted:\n(a) the grantee of the exclusive right of burial;\n(b) if the grantee is deceased:\n(i) the personal representative for the grantee; or\n(ii) if the grantee did not specify a personal representative\nor the personal representative is not able to be\ncontacted – the decision maker for the deceased\ngrantee.\n(2) A notification under subsection (1) must be in writing and include\nthe following details:\n(a) the expiry date;\n(b) the fee for renewal;\n(c) the maximum period, not exceeding a further 50 years, for\nwhich it may be renewed.\n\nBurial and Cremation Act 2022 38\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Renewal of exclusive right of burial","content":"62 Renewal of exclusive right of burial\n(1) If an exclusive right of burial is expiring, the manager of a public\ncemetery or an independent cemetery must, in the notice under\nsection 61(1), give the grantee of the exclusive right of burial the\noption to renew the right.\n(2) The grantee of an exclusive right of burial that is expiring may apply\nto renew the right for a further period specified in the notice not\nexceeding 50 years.\n(3) An exclusive right of burial may be renewed more than once in\naccordance with this section.\n(4) An application under subsection (2):\n(a) must be in writing to the manager; and\n(b) may be made at any time within 12 months before the expiry\ndate of the right, but no later than 28 days after the expiry date\nof the right; and\n(c) must be accompanied by the renewal fee.\n(5) On receiving a renewal application under subsection (2), the\nmanager must renew the right for the period specified.\n(6) Despite subsection (5), the manager may, only in exceptional\ncircumstances, refuse to renew the right.\nExample of exceptional circumstances for subsection (6)\nA natural event has destroyed the burial site for which the exclusive right of burial\nrelates.\n(7) If the manager refuses to renew the right, the manager must give a\ndecision notice to the grantee or if the grantee is deceased, the\nperson specified in subsection (8).\nNote for subsection (7)\n(8) If the grantee is deceased, the exclusive right of burial may be\nrenewed by any of the following persons:\n(a) the personal representative for the grantee;\n(b) the decision maker for the deceased grantee.\n\nBurial and Cremation Act 2022 39\n(9) An exclusive right of burial renewed under this section applies to\nthe same burial site as the original right.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Exclusive right of burial not renewed","content":"63 Exclusive right of burial not renewed\nIf an exclusive right of burial is not renewed within the period\nallowed under section 62(4)(b) and there are no human remains\nburied in the burial site, the manager of a public cemetery or an\nindependent cemetery may do any of the following in respect of the\nburial site to which an expired right applied:\n(a) grant a new exclusive right of burial under section 50(2) or 51;\n(b) give a burial approval under section 38(1) for the burial of\nhuman remains not in relation to an exclusive right of burial;\n(c) use the area for a different purpose other than burying human\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Register of exclusive rights of burial","content":"64 Register of exclusive rights of burial\ncemetery must establish and maintain a register of exclusive rights\nof burial that the manager of the cemetery has granted.\n(2) The register must include the following details:\n(a) the full name, address and contact details of the grantee of the\nexclusive right of burial;\n(b) the burial site in respect of which each exclusive right of burial\nwas granted;\n(c) any information recorded on the certificate issued under\nsection 52(1);\n(d) the expiry date of each exclusive right of burial granted;\n(e) if the grantee of an exclusive right of burial specified a\npersonal representative – the full name, address and contact\ndetails of the personal representative for the grantee;\n(f) any other information prescribed by regulation.\n(3) The responsible entity must not make the register publicly available.\n\nBurial and Cremation Act 2022 40\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Burial outside cemetery","content":"65 Burial outside cemetery\n(1) A person may bury human remains of a deceased person in a\nlocation outside a cemetery in accordance with this Division.\n(2) A burial outside a cemetery includes the burial of the human\nremains of a deceased person in:\n(a) a burial ground;\n(b) an undeclared area;\n(c) a suspended cemetery.\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Notification of burial outside cemetery","content":"66 Notification of burial outside cemetery\n(1) Before a burial outside a cemetery occurs, one of the following\npersons must notify the Agency of the proposed burial (a burial\nnotification):\n(a) the person undertaking the burial;\n(b) the executor or administrator of the estate of the deceased\n(c) the deceased person's next of kin;\n(d) the representative for a burial ground.\n(2) The burial notification must include the following details:\n(c) the full name and contact details of the decision maker for the\n(d) if the person providing the burial notification is not the person\nundertaking the burial – the full name and contact details of\nthe person undertaking the burial;\n(e) the information mentioned in section 40(1)(a) to (g);\n(f) the name of the burial ground or the name of the location of\nthe burial site;\n(g) the GPS coordinates of the burial site where the human\nremains are proposed to be buried;\n\nBurial and Cremation Act 2022 41\n(h) whether the human remains are to be buried in the ground or\ninterred;\n(i) whether the burial site will be a single burial or multiple burial;\n(j) the proposed date of burial;\n(k) any other information prescribed by regulation.\n(3) The person providing the burial notification may include a statement\nin the burial notification informing the Agency that certain\ninformation mentioned in subsection (2) is culturally sensitive\ninformation.\n(4) If the GPS coordinates mentioned in subsection (2)(g) cannot be\n(5) In addition to the burial notification, the applicant must also provide\nthe documents mentioned in section 67.\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Documents to be provided with burial notification","content":"67 Documents to be provided with burial notification\n(1) A burial notification for a deceased person must be accompanied\nby:\n(a) one of the following documents:\n(ii) a certificate under section 12(3) of the Births, Deaths\n(iii) a certificate issued by the coroner or the coroner's clerk\nunder section 17(1) of the Coroners Act 1993;\n(iv) a certificate issued by the Registrar under\nRegistration Act 1996 certifying the registration of the\ndeath of the deceased person; and\n(b) a statement from the person providing the burial notification\nthat the person contacted, or made reasonable attempts to\ncontact, the decision maker for the deceased person and\n\nBurial and Cremation Act 2022 42\nthere are no known objections to the burial of the human\nremains of the deceased person.\nSections 185 and 186 include other provisions relevant to a notification.\n(2) If the document specified in subsection (1)(a)(i) or (ii) cannot be\nprovided with the burial notification for a deceased person, the\nperson providing the burial notification to the Agency must provide\nthe name of the provider where the medical practitioner completed\nthe document under section 12(3) or 34(1) of the Births, Deaths and\nMarriages Registration Act 1996 in relation to the deceased person.\n(3) Subject to subsection (6), for the burial of human remains of a\ndeceased person in a burial ground, the burial notification must also\nbe accompanied by confirmation of consent for the burial:\n(a) from the representative for the burial ground; or\n(b) from each interest holder of the area on which the burial\nground is located.\n(4) Subject to subsection (6), for the burial of human remains of a\ndeceased person in an undeclared area, the burial notification must\nalso be accompanied by:\n(a) confirmation of consent for the burial from each interest\nholder; and\n(b) confirmation that the burial complies with any restrictions\nprescribed by regulation under section 37.\n(5) Subject to subsection (6), for the burial of human remains of a\ndeceased person in a suspended cemetery, the burial notification\nmust also be accompanied by confirmation of consent for the burial\nfrom each interest holder.\n(6) Consent for the burial of human remains of a deceased person is\nnot required from an interest holder or the representative for a\nburial ground in the following circumstances:\n(a) the burial relates to the exercise of rights and interests\nmentioned in section 5;\n(b) for land that is subject to native title – the burial is not\ninconsistent with the rights and interests of any other interest\nholder that prevail over native title rights and interests in\naccordance with the Native Title Act 1993 (Cth).\n\nBurial and Cremation Act 2022 43\n(7) For land that is subject to native title:\n(a) an interest holder of that land who is not the native title holder\nmust not unreasonably withhold consent for a person to\nundertake a burial on that land; and\n(b) a dispute about the withholding of consent may be decided by\nNTCAT on application by the person wishing to undertake the\nburial.\n(8) For a multiple burial, the burial notification must be accompanied by\nconfirmation of consent for the burial from the decision maker for\neach deceased person buried at the burial site.\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Information not known or considered culturally sensitive","content":"68 Information not known or considered culturally sensitive\n(1) Despite section 66, information regarding a deceased person does\nnot need to be provided to the Agency if the information:\n(2) If the name of the deceased person is considered to be culturally\nsensitive, the person providing the information must provide\nsufficient details to ensure the deceased person is able to be\nidentified.\n(3) If the burial site is considered to be culturally sensitive, the person\nproviding the information must provide:\n(a) for a burial in a burial ground – sufficient details to ensure the\nburial ground is identified; or\n(b) for a burial in an undeclared area or a suspended cemetery –\nan approximate or general indication of the burial site to\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"CEO may request documents","content":"69 CEO may request documents\n(1) The CEO may request a copy of the document mentioned in\nsection 67(1)(a)(i) or (ii) from a provider if the document is not\nsubmitted with the burial notification.\n(2) If the CEO requests a copy of the document under subsection (1),\nthe provider must provide a copy of the document to the CEO\nunless the provider does not have access to the document.\n\nBurial and Cremation Act 2022 44\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"Receipt of burial notification","content":"70 Receipt of burial notification\n(1) After receiving a burial notification, the Agency must provide\nconfirmation of receipt of the notification to the person who\nsubmitted the notification.\n(2) If an incomplete burial notification is received, the Agency must\ncontact the person who submitted the notification to inform the\nperson that the notification is incomplete and provide any\ninformation in order for the person to complete the notification.\n(3) For a burial ground, if the person who submitted the burial\nnotification was not the representative for the burial ground, the\nAgency must, in writing to the representative:\n(a) confirm receipt of the notification, whether the notification was\ncomplete or incomplete; and\n(b) inform the representative of any information provided to the\nperson who submitted the incomplete notification in order for\nthe person to complete the notification.\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Objection to burial outside cemetery","content":"71 Objection to burial outside cemetery\n(1) The decision maker for a deceased person or an interest holder\nmentioned in section 8(c) or (d) may object to the burial of human\nremains of a deceased person at a location outside a cemetery.\n(2) The objection mentioned in subsection (1) must:\n(a) be in writing; and\n(b) state the deceased person's full name; and\n(c) state the reasons for the objection; and\n(d) be submitted to the following before the burial occurs:\n(i) the person undertaking the burial;\n(ii) the Agency.\n(3) If the Agency received a burial notification for a deceased person\nand an objection under subsection (1) was made in relation to the\ndeceased person, the Agency must:\n(a) notify the following persons that an objection to the burial of\nthe deceased person was made:\n(i) the person who submitted the burial notification;\n\nBurial and Cremation Act 2022 45\n(ii) the person undertaking the burial; and\n(b) provide a statement in the notification that it is an offence to\nproceed with the burial if there is an objection from the\ndecision maker for the deceased person.\n(4) An objection mentioned in subsection (1) may be withdrawn, in\nwriting, by the person who submitted the objection.\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"Offence to undertake burial subject to objection from decision","content":"72 Offence to undertake burial subject to objection from decision\nmaker or relevant interest holder\n(a) the decision maker for a deceased person or an interest\nholder mentioned in section 8(c) or (d) objects to the burial of\nthe deceased person outside a cemetery and the person has\nknowledge of that circumstance; and\n(b) the person intentionally buries the human remains of a\n(c) the human remains are buried at a location outside a\n(2) Strict liability applies to subsection (1)(c).\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Offence to undertake burial without consent of representative","content":"73 Offence to undertake burial without consent of representative\nor interest holder\n(a) the person intentionally buries the human remains of a\n(b) the human remains are buried at a location outside a\n(c) consent is required for the burial of the human remains from:\n(i) if the burial is in a burial ground – the representative for\nthat burial ground or each interest holder; or\n(ii) if the burial is in an undeclared area or a suspended\ncemetery – each interest holder; and\n\nBurial and Cremation Act 2022 46\n(d) the person does not have consent from the person mentioned\nin paragraph (c).\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Burial notification may be provided after burial","content":"74 Burial notification may be provided after burial\n(1) Despite the requirement under section 66 to provide the burial\nnotification before the burial in a location outside a cemetery, the\nburial notification may be provided after the burial if the person\nproviding the notification was not able to provide the notification\nbefore the burial.\nA burial notification provided under subsection (1) contains information for a\nburial that has occurred.\n(2) The person providing the burial notification after a burial must\ninform the Agency of the reason why the burial notification was not\nprovided before the burial.\n(3) If the Agency knows that the burial of a deceased person occurred\nand a burial notification for the burial was not provided to the\nAgency, the Agency may, in writing, direct the person who\nundertook the burial to provide a completed burial notification to the\nAgency within 60 days from the day the direction is received by the\n(4) For subsection (3), if the Agency directed a person to provide a\ncompleted burial notification to the Agency, the person is taken to\nhave complied with the direction if another person provided the\ncompleted burial notification on behalf of the person.\nExamples for subsection (4)\nThe person's employer or a next of kin of the deceased person.\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Offence for failure to comply with burial notification direction","content":"75 Offence for failure to comply with burial notification direction\n(a) the person intentionally buries human remains; and\n(b) the human remains are buried at a location outside a\n\nBurial and Cremation Act 2022 47\n(c) the person received a written direction from the Agency under\nsection 74(3) to provide the Agency with a completed burial\nnotification within 60 days of receiving the direction; and\n(d) the person contravenes the direction.\nsubsection (1) if the defendant has taken reasonable steps to\ncomply with the direction.\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Information about burial outside cemetery","content":"76 Information about burial outside cemetery\n(1) The Agency may, in writing, request a person who provided a burial\nnotification for a deceased person to provide the following\ninformation to the Agency after the burial:\n(a) the date of burial;\n(b) details about how the human remains are buried;\n(c) the descriptive details of any memorial erected at the place\nwhere the human remains are buried;\n(d) if the GPS coordinates provided in the burial notification are\ndifferent – the GPS coordinates of the burial site;\n(e) any other information the Agency considers appropriate.\n(2) If the GPS coordinates mentioned in subsection (1)(d) cannot be\n(3) The information regarding a deceased person does not need to be\nprovided to the Agency if the information:\n\nBurial and Cremation Act 2022 48\n(4) If the burial site is considered to be culturally sensitive, the person\nproviding the information may give an approximate or general\nindication of the burial site.\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Register of burials outside cemetery","content":"77 Register of burials outside cemetery\n(1) The Agency must establish and maintain a register of burials\nlocated outside a cemetery.\n(2) The register must include the following:\n(a) the information mentioned in section 66;\n(b) the information provided under section 76(1);\n(c) for a burial in a burial ground – the name of the representative\nfor the burial ground;\n(d) for a burial in an undeclared area or a suspended cemetery –\nthe name of each interest holder;\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Access to information in register of burials outside cemetery","content":"78 Access to information in register of burials outside cemetery\n(1) The CEO must, on request from the following persons, provide the\nperson with a copy or summary of information in the register of\nburials outside a cemetery for the entry of a deceased person:\n(b) the person who provided the burial notification for the\n(c) any next of kin of the deceased person;\n(d) if the deceased person is buried in a burial ground – the\nrepresentative for the burial ground or the interest holder or a\nprospective interest holder of the burial ground;\n(e) if the deceased person is buried in an undeclared area or a\nsuspended cemetery – the interest holder or a prospective\ninterest holder of the undeclared area or suspended cemetery.\n(2) Subject to section 79, the CEO may, on request of a person or\nsummary of information in the register of burials outside a cemetery\nfor the entry of a deceased person, if satisfied the person or\norganisation has an adequate reason for wanting a copy or\n\nBurial and Cremation Act 2022 49\nsummary of that information.\n(3) If information is specified as culturally sensitive information in the\nburial notification, that information must be redacted when providing\na copy or summary of information under subsection (2).\n(4) The CEO may determine and charge a fee for the production of a\ncopy or summary of information in the register under subsection (2).\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Matters to be considered before providing access to","content":"79 Matters to be considered before providing access to\ninformation from register of burials outside cemetery\n(1) Before making a decision under section 78(2), the CEO must invite\nthe following people to provide comments in relation to the request\nfor information under section 78:\n(a) if the deceased person is buried in a burial ground – the\nrepresentative for the burial ground;\n(b) if the deceased person is buried in an undeclared area or a\nsuspended cemetery – the interest holder of the undeclared\narea or suspended cemetery.\n(2) The invitation under subsection (1) must:\n(a) be in writing; and\n(b) specify a reasonable period of time that the comments need to\nbe provided to the CEO.\n(3) The CEO must take into account any comments received from the\nrepresentative for a burial ground or the interest holder before\nmaking a decision under section 78(2).\n(4) Despite subsection (1), the CEO does not need to make an\ninvitation under subsection (1) if the CEO reasonably believes that\na decision under section 78(2) needs to be made before an\ninvitation under subsection (1) can be made.\n(5) In deciding whether a person or an organisation has an adequate\nreason for wanting a copy or summary of information in the register\nfor the entry of a deceased person under section 78(2), the CEO\nmust have regard to the following:\n\n","sortOrder":79},{"sectionNumber":"Div 5","sectionType":"division","heading":"Depth and direction of burial within cemetery and outside cemetery","content":"Division 5 Depth and direction of burial within cemetery and outside cemetery\nBurial and Cremation Act 2022 50\n","sortOrder":80},{"sectionNumber":"80","sectionType":"section","heading":"Information to be provided to Registrar-General","content":"80 Information to be provided to Registrar-General\nAfter receipt of information under this Division relating to a burial\noutside a cemetery, the Agency must provide the following\ninformation to the Registrar-General for the record of administrative\ninterests kept under section 38 of the Land Title Act 2000:\n(a) confirmation that a burial has occurred on land outside a\n(b) the number of burial sites on the land mentioned in\nparagraph (a);\n(c) the name of any burial ground located on the land mentioned\nin paragraph (a) and the contact details for the representative\nfor the burial ground;\n(d) any other information prescribed by regulation.\nDivision 5 Depth and direction of burial within cemetery and\noutside cemetery\n","sortOrder":81},{"sectionNumber":"81","sectionType":"section","heading":"Depth of burial","content":"81 Depth of burial\nHuman remains that are buried in the ground must be:\n(a) completely covered by soil that is at least 1 m deep at its\nshallowest point; or\n(b) completely covered by:\n(i) a layer of stone, concrete or similar material impervious\nto water, which is at least 50 mm thick and placed\ndirectly over the remains; and\n(ii) soil that is at least 500 mm deep at its shallowest point.\n","sortOrder":82},{"sectionNumber":"82","sectionType":"section","heading":"Direction of burial","content":"82 Direction of burial\n(1) Subject to section 81, human remains may be buried in the ground\nin any direction, including horizontally or vertically.\n\n","sortOrder":83},{"sectionNumber":"Div 6","sectionType":"division","heading":"Interment in structure within cemetery and outside cemetery","content":"Division 6 Interment in structure within cemetery and outside cemetery\nBurial and Cremation Act 2022 51\n(2) If the burial is being undertaken in a cemetery, subsection (1) is\nsubject to any policy established by the responsible entity for the\nDivision 6 Interment in structure within cemetery and outside\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Declaration of structure","content":"83 Declaration of structure\n(1) Subject to section 85, the Minister may, by Gazette notice, declare\na structure or class of structure to be a structure for the interment of\nhuman remains.\n(a) the structure or class of structure type;\n(b) the person or entity responsible for managing and controlling\nthe structure or class of structure;\n(c) the location of the structure or class of structure.\nExamples for subsection (2)(a)\nMausoleum, crypt or tomb.\nNotes for section 83\n1 Division 1 applies to interments within cemeteries.\n2 Division 4 applies to interments outside cemeteries.\n84 Revocation of declaration of structure\n(1) Subject to section 85, the Minister may, by Gazette notice, revoke\nthe declaration of a structure or class of structure as a structure for\nthe interment of human remains.\n(a) the structure or class of structure type;\n(b) the person or entity responsible for managing and controlling\nthe structure or class of structure;\n(c) the location of the structure or class of structure.\nExamples for subsection (2)(a)\nMausoleum, crypt or tomb.\n\nBurial and Cremation Act 2022 52\n","sortOrder":85},{"sectionNumber":"85","sectionType":"section","heading":"Matters to be considered before declaration or revocation","content":"85 Matters to be considered before declaration or revocation\nBefore declaring or revoking the declaration of a structure or class\nof structure, the Minister must take into account any matters\nprescribed by regulation relating to the declaration or revocation of\nthe declaration of a structure or class of structure.\n","sortOrder":86},{"sectionNumber":"86","sectionType":"section","heading":"Interment in structure","content":"86 Interment in structure\n(a) the person intentionally inters human remains; and\n(b) the human remains are interred in a structure; and\n(c) the structure is not declared or within a class of structure\ndeclared to be a structure for the interment of human remains\nby the Minister under section 83(1).\n","sortOrder":87},{"sectionNumber":"87","sectionType":"section","heading":"Application for exhumation and relocation of human remains","content":"87 Application for exhumation and relocation of human remains\n(1) A person may apply to the CEO for approval to exhume human\nremains of a deceased person in a cemetery and relocate the\nhuman remains to another place in or outside the Territory.\n(2) The application must include the following information:\n(a) the person's full name, address and contact details;\n(c) the deceased person's full name;\n(d) the full name and contact details of the decision maker for the\n(e) the name of the cemetery;\n(f) the date the deceased person was buried;\n\nBurial and Cremation Act 2022 53\n(g) the proposed date of exhumation;\n(h) the place where the human remains are proposed to be\nburied, disposed of, or otherwise relocated;\n(i) confirmation of consent from:\n(i) the decision maker for the deceased person; and\n(ii) if the human remains are buried in a burial site with other\nhuman remains – each decision maker for each\ndeceased person buried in that site; and\n(iii) if the human remains are buried at a specific burial site\nin accordance with an exclusive right of burial – the\nperson mentioned in section 55(1).\n(3) The applicant may include a statement in the application informing\nthe CEO that certain information mentioned in subsection (2) is\nculturally sensitive information.\n(4) If the decision maker mentioned in subsection (1)(i)(ii) cannot be\ncontacted, the applicant must provide a statutory declaration that\nstates that the applicant has made reasonable attempts to contact\nthe decision maker and that the decision maker cannot be\ncontacted.\n(5) The CEO may, in writing, approve the exhumation and relocation of\nhuman remains of a deceased person (an exhumation approval) if\nsatisfied of the following matters:\n(a) the proposed exhumation and relocation is in accordance with\nany guidelines made by the Chief Health Officer under\nsection 193;\n(b) whether the applicant has obtained, or is able to obtain, the\nnecessary authorisations to:\n(i) bury the human remains at the place the applicant\nintends to relocate the remains; or\n(ii) cremate, dispose of, or otherwise make arrangements\nfor the human remains;\n(c) any other matters the CEO considers relevant.\n(6) The exhumation approval may be given subject to any conditions\nthat the CEO considers appropriate.\n\nBurial and Cremation Act 2022 54\n(7) Despite subsection (6), the CEO must not impose a condition on an\nexhumation approval that is intended to limit the exercise of rights\nand interests mentioned in section 5 unless the condition is\nimposed for environmental protection, public health purposes or\npublic safety purposes.\n(8) The CEO may refuse to give an exhumation approval unless:\n(a) the proposed exhumation relates to the exercise of rights and\ninterests mentioned in section 5; and\n(b) the proposed exhumation does not contravene this Act or\nanother Act.\n(9) If the CEO refuses to give an exhumation approval, the CEO must\ngive the applicant a decision notice.\nNote for subsection (9)\n","sortOrder":88},{"sectionNumber":"88","sectionType":"section","heading":"Exhumation without approval","content":"88 Exhumation without approval\n(a) the person intentionally exhumes human remains; and\n(b) an exhumation approval is required; and\n(c) no approval was given for the exhumation of human remains.\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Contravention of condition of exhumation","content":"89 Contravention of condition of exhumation\n(a) the person has an exhumation approval; and\n(b) the approval is subject to a condition under section 87(6); and\n(c) the person engages in conduct; and\n\nBurial and Cremation Act 2022 55\n(d) the conduct results in a contravention of the condition.\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Exception for exhumation approval","content":"90 Exception for exhumation approval\nAn exhumation approval is not needed for the exhumation of\nhuman remains if:\n(a) the human remains are removed from the burial site to allow\nfor the additional burial of human remains in the burial site;\nand\n(b) the human remains are immediately returned to the burial site.\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Exhumation information","content":"91 Exhumation information\nThe responsible entity for a cemetery must ensure the following\ninformation for each exhumation is included in the register of\nburials:\n(a) the date the exhumation approval was given by the CEO;\n(b) the date of exhumation;\n(c) the full name of the person who undertook the exhumation;\n(d) the place where the human remains are buried, disposed of,\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"Exhumation outside cemetery","content":"92 Exhumation outside cemetery\n(1) A person may exhume the human remains of a deceased person\nfrom a location outside a cemetery and relocate the human remains\nto another place in or outside the Territory in accordance with this\nDivision.\n(2) An exhumation outside a cemetery includes the exhumation of\nhuman remains in:\n(a) a burial ground; or\n(b) an undeclared area; or\n(c) a suspended cemetery.\n\nBurial and Cremation Act 2022 56\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Notification of exhumation and relocation of human remains","content":"93 Notification of exhumation and relocation of human remains\n(1) Before an exhumation outside a cemetery occurs, one of the\nfollowing persons must notify the Agency of the exhumation (an\nexhumation notification):\n(a) the person undertaking the exhumation;\n(b) the executor or administrator of the estate of the deceased\n(c) the deceased person's next of kin;\n(d) the representative for a burial ground.\n(2) The exhumation notification must include the following information:\n(c) the deceased person's full name;\n(d) the full name and contact details of the decision maker for the\n(e) if the person providing the exhumation notification is not the\nperson undertaking the exhumation – the full name and\ncontact details of the person undertaking the exhumation;\n(f) the name of the burial ground or name of the location of the\nburial site where the deceased person was buried;\n(g) the date when the deceased person was buried, or an\napproximate date if the date is not known;\n(h) GPS coordinates of the burial site;\n(i) the proposed date of exhumation;\n(j) the place where the human remains are proposed to be\nburied, disposed of, or otherwise relocated.\n(3) The person providing the exhumation notification may include a\nstatement in the exhumation notification informing the Agency that\ncertain information mentioned in subsection (2) is culturally\nsensitive information.\n\nBurial and Cremation Act 2022 57\n(4) If the GPS coordinates mentioned in subsection (2)(h) cannot be\n(5) In addition to the exhumation notification, the applicant must also\nprovide the documents mentioned in section 94.\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Documents to be provided with exhumation notification","content":"94 Documents to be provided with exhumation notification\n(1) The exhumation notification must be accompanied by confirmation\nof consent for the exhumation and relocation from the following:\n(a) the decision maker for the deceased person;\n(b) if the human remains are buried in a burial site with other\nhuman remains – each decision maker for each deceased\nperson buried in that site.\n(2) If the decision maker mentioned in subsection (1)(b) cannot be\ncontacted, the person notifying must provide a statutory declaration\nthat states that the person has made reasonable attempts to\ncontact the decision maker and that the decision maker cannot be\ncontacted.\n(3) The exhumation notification must be accompanied by confirmation\nof the following:\n(a) if the exhumation is located on a sacred site – the person\nnotifying the Agency of the exhumation has obtained the\nnecessary authorisation:\n(i) under the Northern Territory Aboriginal Sacred Sites\nAct 1989; or\n(ii) from the relevant Land Council;\n\nBurial and Cremation Act 2022 58\n(b) if the deceased person suffered from a declared infectious\ndisease at the time of the person's death and the burial\noccurred less than 6 months prior to the date of the proposed\nexhumation – the applicant has consulted the Chief Health\nOfficer in relation to the proposed exhumation.\nNote for subsection (3)(b)\nUnder section 192(2), the CEO may make guidelines in relation to declared\ninfectious diseases for the purposes of exhumations outside a cemetery.\n","sortOrder":95},{"sectionNumber":"95","sectionType":"section","heading":"Information not known or considered culturally sensitive","content":"95 Information not known or considered culturally sensitive\n(1) Despite section 93, information regarding a deceased person\nproposed to be exhumed does not need to be provided to the\nAgency if the information:\n(2) If the name of the deceased person proposed to be exhumed is\nconsidered culturally sensitive, the person providing the information\nmust provide sufficient details to ensure the deceased person is\nable to be identified.\n(3) If the burial site is considered to be culturally sensitive, the person\nproviding the information must provide:\n(a) for a burial in a burial ground – sufficient details to ensure the\nburial ground is identified; or\n(b) for a burial in an undeclared area or a suspended cemetery –\nan approximate or general indication of the burial site to\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Receipt of exhumation notification","content":"96 Receipt of exhumation notification\n(1) After receiving an exhumation notification, the Agency must provide\nconfirmation of receipt of the notification to the person who\nsubmitted the notification.\n(2) If an incomplete exhumation notification is received, the Agency\nmust contact the person who submitted the notification to inform the\nperson that the notification is incomplete and provide any\ninformation in order for the person to complete the notification.\n\nBurial and Cremation Act 2022 59\n(3) For a burial ground, if the person who submitted the exhumation\nnotification was not the representative for the burial ground, the\nAgency must:\n(a) provide confirmation of receipt of the notification, whether the\nnotification was complete or incomplete, to the representative;\nand\n(b) inform the representative of any information provided to the\nperson who submitted the incomplete notification in order for\nthe person to complete the notification.\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Offence to undertake exhumation without consent from","content":"97 Offence to undertake exhumation without consent from\ndecision maker\n(a) the person intentionally exhumes the human remains of a\n(b) the human remains are exhumed from a location outside a\n(c) the human remains are exhumed without one of the following\nin relation to the human remains and any other human\nremains buried in the same burial site:\n(i) consent from the decision maker for the deceased\nperson for the exhumation;\n(ii) a declaration under section 94(2).\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Exhumation notification may be provided after exhumation","content":"98 Exhumation notification may be provided after exhumation\n(1) Despite the requirement under section 93 to provide the\nexhumation notification before the exhumation outside a cemetery\noccurs, the notification may be provided after the exhumation if the\nperson providing the notification was not able to provide the\nnotification before the exhumation.\nAn exhumation notification provided under subsection (1) contains information for\nan exhumation that has occurred.\n\nBurial and Cremation Act 2022 60\n(2) The person providing the exhumation notification after an\nexhumation must inform the Agency of the reason why the\nexhumation notification was not provided before the exhumation.\n(3) If the Agency knows that the exhumation of human remains\noccurred and an exhumation notification for the exhumation was not\nprovided to the Agency, the Agency may, in writing, direct the\nperson who undertook the exhumation to provide a completed\nexhumation notification to the Agency within 60 days from the day\nthe direction is received by the person.\n(4) For subsection (3), if the Agency has directed a person to provide a\ncompleted exhumation notification to the Agency, the person is\ntaken to have complied with the direction if another person has\nprovided the completed exhumation notification on behalf of the\nExamples for subsection (4)\nThe person's employer or a next of kin of the deceased person.\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Offence for failure to comply with exhumation notification","content":"99 Offence for failure to comply with exhumation notification\ndirection\n(a) the person intentionally exhumes the human remains of a\n(b) the human remains are exhumed at a location outside of a\n(c) the person received a written direction from the Agency under\nsection 98(3) to provide the Agency with a completed\nexhumation notification within 60 days of receiving the\ndirection; and\n(d) the person contravenes the direction.\nsubsection (1) if the defendant has taken reasonable steps to\ncomply with the direction.\n\nBurial and Cremation Act 2022 61\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Information about exhumation outside cemetery","content":"100 Information about exhumation outside cemetery\n(1) The Agency may, in writing, request a person who provided an\nexhumation notification for the human remains of a deceased\nperson to provide the following information to the Agency after the\nexhumation:\n(a) the date of exhumation;\n(b) the full name of the person who undertook the exhumation;\n(c) if the GPS coordinates provided in the exhumation notification\nare different – the GPS coordinates of the burial site where the\nhuman remains were exhumed;\n(d) the place where the human remains are buried, disposed of,\n(2) If the GPS coordinates mentioned in subsection (1)(c) cannot be\n(3) Despite subsection (1), information regarding a deceased person\nwho has been exhumed does not need to be provided to the\nAgency if the information:\n(4) If the burial site is considered to be culturally sensitive, the person\nproviding the information may give an approximate or general\nindication of the burial site.\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Exhumation information","content":"101 Exhumation information\nThe Agency must ensure the following information for each\nexhumation is included in the register of burials outside a cemetery:\n(a) the date of exhumation;\n(b) the full name of the person undertaking the exhumation;\n\nBurial and Cremation Act 2022 62\n(c) the place where the human remains are buried, disposed of,\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Agency must notify Registrar-General","content":"102 Agency must notify Registrar-General\nIf human remains are exhumed at a location outside a cemetery,\nthe Agency must provide the appropriate information for the record\nof administrative interests kept under section 38 of the Land Title\nAct 2000 to the Registrar-General.\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Semi-closed cemetery","content":"103 Semi-closed cemetery\nA semi-closed cemetery is a cemetery at which burials are no\nlonger available except in the following circumstances:\n(a) a multiple burial under section 44;\n(b) the exercise of an exclusive right of burial under\nsection 54(1)(a) or 55 that was granted before the cemetery\nwas declared a semi-closed cemetery;\n(c) the exercise of an exclusive right of burial under section 55 for\nthe following situations after the cemetery was declared a\nsemi-closed cemetery:\n(i) an exclusive right of burial for a burial site is surrendered\nby a grantee under section 59(1) or not renewed under\nsection 62(2) and a new exclusive right of burial for that\nburial site is granted under section 50(2);\n(ii) an exclusive right of burial for a burial site is surrendered\nby a grantee under section 59(1) and a new exclusive\nright of burial for a burial site in the cemetery is granted\nto the grantee under section 50(2);\n(d) in accordance with section 59(4)(b) if:\n(i) an exclusive right of burial is surrendered; and\n(ii) the manager of the cemetery approved a burial in\nrespect of the burial site to which the surrendered right\napplied;\n\nBurial and Cremation Act 2022 63\n(e) in accordance with section 63(b) if:\n(i) an exclusive right of burial is not renewed; and\n(ii) the manager of the cemetery approved a burial in\nrespect of the burial site to which the expired right\napplied.\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"Application to semi-close cemetery","content":"104 Application to semi-close cemetery\n(1) The following may, in writing, apply to the Minister to declare a\ncemetery a semi-closed cemetery:\n(a) an interest holder of the land on which the cemetery is\nlocated;\n(b) the responsible entity for the cemetery.\n(2) An application under subsection (1) must include the reason for the\ncemetery to be declared a semi-closed cemetery.\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Declaration of semi-closed cemetery","content":"105 Declaration of semi-closed cemetery\n(1) The Minister may, by Gazette notice, declare a cemetery to be a\nsemi-closed cemetery:\n(a) on application under section 104; or\n(b) on the Minister's own initiative.\n(2) The Minister must not make a declaration under subsection (1)\nunless the Minister has consulted with each interest holder of the\nland on which the cemetery is located.\n(3) The notice must include the following information:\n(a) the conditions of the semi-closure of the cemetery, if any;\n(b) whether multiple burials are available in accordance with the\nresponsible entity for the cemetery's policies;\n(c) the date the semi-closure takes effect.\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Closed cemetery","content":"106 Closed cemetery\nA closed cemetery is a cemetery at which burials are no longer\navailable.\n\nDivision 3 Notification and management of semi-closed cemetery or closed cemetery\nBurial and Cremation Act 2022 64\n","sortOrder":107},{"sectionNumber":"107","sectionType":"section","heading":"Application to close cemetery","content":"107 Application to close cemetery\n(1) The following may, in writing, apply to the Minister to declare a\ncemetery a closed cemetery:\n(a) an interest holder of the land on which the cemetery is\nlocated;\n(b) the responsible entity for the cemetery.\n(2) An application under subsection (1) must include the reason for the\ncemetery to be declared a closed cemetery.\n(3) Before making an application under subsection (1), the applicant\nmust take reasonable steps to ensure there are no outstanding\nexclusive rights of burial in the cemetery.\n","sortOrder":108},{"sectionNumber":"108","sectionType":"section","heading":"Declaration of closed cemetery","content":"108 Declaration of closed cemetery\n(1) The Minister may, by Gazette notice, declare a cemetery to be a\nclosed cemetery:\n(a) on application under section 107; or\n(b) on the Minister's own initiative.\n(2) The Minister must not make a declaration under subsection (1)\nunless the Minister has consulted with each interest holder of the\nland on which the cemetery is located.\n(3) The declaration must include the following information:\n(a) conditions of the closure of the cemetery, if any;\n(b) the date the closure takes effect.\nDivision 3 Notification and management of semi-closed\ncemetery or closed cemetery\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Notification of semi-closed cemetery and closed cemetery","content":"109 Notification of semi-closed cemetery and closed cemetery\nThe responsible entity for a semi-closed cemetery or a closed\ncemetery must ensure that the following information is displayed at\nthe cemetery:\n(a) a statement that the cemetery is a semi-closed cemetery or a\nclosed cemetery;\n(b) the information contained in the declaration under\nsection 105(3) or 108(3).\n\nBurial and Cremation Act 2022 65\n","sortOrder":110},{"sectionNumber":"Div 4","sectionType":"division","heading":"Revocation of semi-closed or closed declaration","content":"Division 4 Revocation of semi-closed or closed declaration\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Revocation of declaration of semi-closed cemetery","content":"110 Revocation of declaration of semi-closed cemetery\nIf a semi-closed cemetery is able to provide for more burials other\nthan the burials mentioned in section 103, the Minister may, by\nGazette notice, revoke the declaration of the cemetery as a\nsemi-closed cemetery.\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Revocation of declaration of closed cemetery","content":"111 Revocation of declaration of closed cemetery\nIf a closed cemetery is able to provide for more burials after being\ndeclared as a closed cemetery, the Minister may, by Gazette\nnotice, revoke the declaration of the cemetery as a closed\nDivision 5 Transformation of closed cemetery into public\npark\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Closed cemetery","content":"112 Closed cemetery\nA closed cemetery may, after 50 years from the day of the\ndeclaration of closure, be transformed into a public park under\nsection 119.\n","sortOrder":114},{"sectionNumber":"113","sectionType":"section","heading":"Application to transform closed cemetery into public park","content":"113 Application to transform closed cemetery into public park\n(1) The responsible entity for a closed cemetery may, in writing, apply\nto the Minister to transform the closed cemetery into a public park.\n(2) If a cemetery or a portion of a cemetery was consecrated according\nto the rites or practices of a religious or cultural group, the\nresponsible entity may offer an opportunity to control or maintain\nthe area of land that the cemetery or the portion of the cemetery is\nlocated on to that group before making an application under\n(3) If the religious or cultural group does not accept an offer under\nsubsection (2), the group may request that the responsible entity\nnot interfere with specific burial sites in the cemetery or portion of\n(4) The responsible entity must fulfil each reasonable request\nmentioned in subsection (3) of the religious or cultural group.\n\nBurial and Cremation Act 2022 66\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"Content of application","content":"114 Content of application\n(1) An application to transform a closed cemetery into a public park\nmust be in writing and include the following information:\n(a) particulars about the proposal to transform the cemetery into a\npublic park;\n(b) the total number of burials, if known;\n(c) the dates of the first and last burial, if known;\n(d) the number of memorials;\n(e) the particulars about whether the memorials are proposed to\nbe removed and disposed of, relocated within the cemetery or\nrelocated to another cemetery;\n(f) the number of any memorials controlled or maintained by the\nCommonwealth War Graves Commission;\n(g) if any memorials controlled or maintained by the\nCommonwealth War Graves Commission are proposed to be\nremoved, disposed of or relocated – consent from the\nCommonwealth War Graves Commission for the removal,\ndisposal or relocation of those memorials;\n(h) particulars about the proposed future use of any building in the\n(i) the estimated costs of:\n(i) transforming the cemetery into a public park; and\n(ii) maintaining the proposed public park;\n(j) particulars of how the costs mentioned in paragraph (i) are to\nbe met;\n(k) copies of any objections received during the public\nconsultation under section 116;\n(l) consent from each interest holder for the transformation;\n(m) any other information prescribed by regulation.\n(2) The Minister may, in writing, request further information from the\nresponsible entity.\n\nBurial and Cremation Act 2022 67\n","sortOrder":116},{"sectionNumber":"115","sectionType":"section","heading":"Notice of intention to transform cemetery into public park","content":"115 Notice of intention to transform cemetery into public park\nentity for the closed cemetery must give 6 months notice of the\nresponsible entity's intention to apply to transform a cemetery into a\npark by advertising:\n(a) in a newspaper circulating in Territory; and\n(b) on the responsible entity's website; and\n(c) at the cemetery.\n(2) The responsible entity must take all reasonable steps to notify the\nfollowing persons of the responsible entity's intention to transform a\nclosed cemetery into a public park:\n(a) any next of kin of each deceased person buried in the\ncemetery if the next of kin's contact information is available;\n(b) any other person who was given approval to bury a deceased\nperson in the cemetery.\n(3) A notice under subsection (2) must include the following:\n(a) a plan of the proposed public park, including the timeframe of\nthe proposed transformation;\n(b) details regarding the public consultation process required to\nbe undertaken by the responsible entity under section 116;\n(c) information on how to object, under section 118, to the\ntransformation of a closed cemetery into a public park.\n","sortOrder":117},{"sectionNumber":"116","sectionType":"section","heading":"Public consultation","content":"116 Public consultation\nentity for a closed cemetery must publish on the responsible entity's\nwebsite:\n(a) the plan of the proposed public park, including the timeframe\nof the proposed transformation; and\n(b) a statement inviting the public to provide written submissions\non the plan of the proposed public park, including:\n(i) where to make the submission; and\n(ii) the date the submission needs to be submitted by, which\nmust not be less than 60 days from the day the\nstatement is published.\n\nBurial and Cremation Act 2022 68\n(2) The responsible entity for a closed cemetery must give proper\nconsideration to any submission received from the public under\nsubsection (1)(b).\n(3) Within 60 days from the day to make submissions under\nsubsection (1)(b) close, the responsible entity for a closed cemetery\nmust publish a post-consultation report on the responsible entity's\nwebsite that specifies any changes to be made to the proposed\npublic park.\n(4) After publishing the post-consultation report, the responsible entity\nfor a cemetery must hold a public meeting in the area of the\ncemetery to discuss the post-consultation report.\n(5) The responsible entity for a closed cemetery must give notice of the\npublic meeting mentioned in subsection (4) by:\n(a) publishing the time and place of the meeting on the\nresponsible entity's website; and\n(b) displaying notice of the time and place of the meeting at the\n(6) The public meeting mentioned in subsection (4) must not be held\nless than 14 days after the date the notice under subsection (5) is\ngiven.\n(7) The Minister may direct the responsible entity for a cemetery to\nundertake any additional steps for public consultation that the\nMinister considers appropriate.\n","sortOrder":118},{"sectionNumber":"117","sectionType":"section","heading":"Obligations of responsible entity","content":"117 Obligations of responsible entity\nentity for the closed cemetery must:\n(a) establish an inventory and a layout of the cemetery that\nidentifies all burial sites and memorials including any\ninscriptions or other particulars; and\n(b) photograph each memorial.\n(2) The responsible entity for a closed cemetery must ensure the\nrecords mentioned in subsection (1) are publicly available in\naccordance with the responsible entity's policy.\n(3) In addition to subsection (2), the responsible entity for a public\ncemetery that is a closed cemetery must ensure the records\nmentioned in subsection (1) are available on the responsible entity's\nwebsite.\n\nBurial and Cremation Act 2022 69\n","sortOrder":119},{"sectionNumber":"118","sectionType":"section","heading":"Objections","content":"118 Objections\n(1) A person may object to the proposal to transform a closed cemetery\ninto a public park.\n(2) The objection must be made in writing to the responsible entity for\nthe closed cemetery and include the following details:\n(b) the reason for the objection.\n","sortOrder":120},{"sectionNumber":"119","sectionType":"section","heading":"Minister may transform closed cemetery into public park","content":"119 Minister may transform closed cemetery into public park\n(1) The Minister may approve an application under section 113(1) to\ntransform a closed cemetery into a public park.\n(2) The Minister may take into account any objection made under\nsection 118(1) before approving an application under\nSection 114(1)(k) specified that an application under section 113(1) must include\ncopies of objections made to the transformation of a closed cemetery into a\npublic park.\n(3) The Minister may impose conditions on the approval of the\napplication that the Minister considers appropriate.\n(4) The Minister must give notice in the Gazette of the approval of an\napplication under section 113(1) to transform a closed cemetery\ninto a public park.\n","sortOrder":121},{"sectionNumber":"120","sectionType":"section","heading":"Relocation of memorials","content":"120 Relocation of memorials\n(1) If, under section 119(1), the Minister approves the transformation of\na closed cemetery into a public park, the responsible entity for the\ncemetery may, subject to subsection (2) and any conditions\nimposed by the Minister under section 119(3):\n(a) remove and dispose of any memorial; or\n(b) relocate any memorial to a different place within the public\npark; or\n(c) relocate any memorial to another burial area.\n\nBurial and Cremation Act 2022 70\n(2) Before removing or relocating a memorial, the responsible entity for\nthe cemetery must take all reasonable steps to notify:\n(a) the person who applied to the manager of the cemetery to\nerect the memorial under section 48; and\n(b) any next of kin of a deceased person buried at the burial site\nwhere the memorial is located if the next of kin's contact\ninformation is available.\n","sortOrder":122},{"sectionNumber":"121","sectionType":"section","heading":"Prohibited activities","content":"121 Prohibited activities\nA person must not organise or participate in any competitive sports\nin a public park mentioned in section 119(1).\n","sortOrder":123},{"sectionNumber":"122","sectionType":"section","heading":"Minimum period of public park for independent cemetery","content":"122 Minimum period of public park for independent cemetery\nA closed independent cemetery that is transformed into a public\npark must remain as a public park for a minimum period of 50 years\nfrom the day the Minister approves the application under\nsection 119(1).\n","sortOrder":124},{"sectionNumber":"123","sectionType":"section","heading":"Minister may grant licence to operate facility","content":"123 Minister may grant licence to operate facility\n(1) The Minister may grant a person a licence to operate a facility.\n(2) A person may, in writing, apply to the Minister for a licence to\noperate a facility.\n(3) The Minister may, in a licence granted under subsection (1), specify\nconditions in respect of the operation of a facility.\n(4) The Minister must give notice in the Gazette that a licence to\noperate a facility has been granted.\n(5) The notice must specify the following details:\n(a) the responsible entity for the facility;\n(b) the location of the facility or, if it is mobile, a description that\nidentifies the facility;\n(c) each process available at the facility for the disposal of human\n\nBurial and Cremation Act 2022 71\n(d) any other information the Minister considers appropriate.\n","sortOrder":125},{"sectionNumber":"124","sectionType":"section","heading":"Operation of facility without licence","content":"124 Operation of facility without licence\n(a) the person intentionally operates a facility; and\n(b) the person does not hold a licence to operate the facility under\nsection 123(1).\n","sortOrder":126},{"sectionNumber":"125","sectionType":"section","heading":"Contravention of condition of licence","content":"125 Contravention of condition of licence\n(a) the person holds a licence to operate a facility; and\n(b) the licence is subject to a condition under section 123(3); and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in a contravention of the condition and the\nperson is reckless in relation to that result.\n(2) Strict liability applies to subsection (1)(a) and (b).\n","sortOrder":127},{"sectionNumber":"126","sectionType":"section","heading":"Licence to operate must be publicly available","content":"126 Licence to operate must be publicly available\nThe responsible entity for a facility must ensure a copy of the\nlicence to operate the facility:\n(a) is displayed at the facility; and\n(b) is available on the responsible entity's website.\n","sortOrder":128},{"sectionNumber":"127","sectionType":"section","heading":"Surrender of licence to operate facility","content":"127 Surrender of licence to operate facility\n(1) A person who holds a licence to operate a facility may surrender\nthe licence to the Minister.\n\nBurial and Cremation Act 2022 72\n(2) The Minister must give notice in the Gazette that the licence to\noperate a facility has been surrendered.\n","sortOrder":129},{"sectionNumber":"128","sectionType":"section","heading":"Requirement to forward permanent records","content":"128 Requirement to forward permanent records\n(1) If a licence to operate a facility is surrendered under section 127(1),\nthe person who held that licence must forward the facility's\npermanent records to the archives service within 9 months of the\nsurrender.\n(2) A person commits an offence if the person contravenes the\nrequirement under subsection (1).\n","sortOrder":130},{"sectionNumber":"129","sectionType":"section","heading":"Agency to keep register of facilities","content":"129 Agency to keep register of facilities\n(1) The Agency must establish and maintain a register of licensed\nfacilities.\n","sortOrder":131},{"sectionNumber":"130","sectionType":"section","heading":"Responsible entity for facility","content":"130 Responsible entity for facility\n(1) The responsible entity for a facility is the person who holds the\nlicence granted under section 123(1).\n(2) Despite subsection (1), if a facility is located in a public cemetery,\nthe responsible entity for that facility is the responsible entity for that\npublic cemetery.\n(3) The responsible entity must manage and control the facility.\n(4) The responsible entity has the following functions:\n(a) to ensure the disposal of human remains at the facility is\nundertaken in accordance with this Act and the licence to\noperate the facility;\n(b) to establish and maintain a register of disposals of human\n(c) to establish and maintain records relating to the operation of\nthe facility;\n\nBurial and Cremation Act 2022 73\n(d) to ensure that the register of disposals of human remains is\naccessible to the public in accordance with this Act or another\nAct;\n(e) to ensure the facility has the proper equipment to undertake\nthe disposal of human remains;\n(f) to establish policies for the facility;\n(g) any other functions conferred on the responsible entity under\n","sortOrder":132},{"sectionNumber":"131","sectionType":"section","heading":"Manager of facility","content":"131 Manager of facility\n(1) The manager of a facility is the chief executive officer of the\nresponsible entity for the facility.\n(2) If the responsible entity does not have a chief executive officer, the\nmanager of the facility is the person employed in the position\nequivalent to a chief executive officer for that responsible entity.\n(3) The responsible entity for a facility must notify the Agency of the\nfollowing information regarding the manager of the facility:\n(a) the full name of the manager;\n(b) the contact details of the manager.\n(4) A notification under subsection (3) must be in writing and occur as\nsoon as reasonably practicable after the person becomes the\nmanager of the facility.\n","sortOrder":133},{"sectionNumber":"132","sectionType":"section","heading":"Register of disposals of human remains","content":"132 Register of disposals of human remains\n(1) The responsible entity for a facility must establish and maintain a\nregister of disposals of human remains undertaken at the facility.\n(2) The register must include the following information regarding each\ndisposal of human remains undertaken at the facility:\n(a) the information mentioned in section 139;\n(b) the date of disposal of human remains;\n(c) the process of disposal of human remains;\n(d) the full name of the person who disposed of the human\n\nBurial and Cremation Act 2022 74\n","sortOrder":134},{"sectionNumber":"133","sectionType":"section","heading":"Access to information in register of disposals of human","content":"133 Access to information in register of disposals of human\nremains\n(1) The manager of a facility must, on request from the following\npersons, provide the person with a copy or summary of information\nin the register of disposals of human remains for the entry of a\ndeceased person:\n(a) the executor or administrator of the deceased person;\n(b) any next of kin of the deceased person;\n(c) the applicant for the disposal approval for the deceased\n(2) The manager of a facility must, on request, provide a copy or\nsummary of information in the register to any Agency.\n(3) The manager of a facility may, on request of a person or\nsummary of information in the register of disposals of human\nremains for the entry of a deceased person, if satisfied that the\nperson or organisation has an adequate reason for wanting a copy\nor summary of that information.\n(4) In deciding whether a person or an organisation has an adequate\nreason for wanting to inspect the register or wanting a copy or\nsummary of information in the register of disposals of human\nremains for the entry of a deceased person, the manager must\nhave regard to the following:\n(5) If information is specified as culturally sensitive information in the\ndisposal approval form, that information must be redacted when\nproviding a copy or summary of that information under\nsubsection (3).\n\nBurial and Cremation Act 2022 75\n(6) The production of a copy or summary of information in the register\nunder subsection (1) or (3) must be done in accordance with any\npolicy determined by the responsible entity for a facility.\n(7) The responsible entity for a facility may determine and charge a fee\nfor the production of a copy or summary of information in the\nregister under subsection (1) or (3).\n","sortOrder":135},{"sectionNumber":"134","sectionType":"section","heading":"Fees for facility services","content":"134 Fees for facility services\n(1) The responsible entity for a facility may impose a fee to be charged\nfor a service.\n(2) The amount of any fees charged by the responsible entity for a\nfacility must be specified as individual fees for each good or service\nprovided by the responsible entity.\nExample for subsection (2)\nThe fee for disposing the human remains of a deceased person and the fee for\ntransporting the human remains of a deceased person must be specified as\nindividual fees and cannot be combined to be specified as one fee.\n","sortOrder":136},{"sectionNumber":"135","sectionType":"section","heading":"Information to be publicly available","content":"135 Information to be publicly available\nThe responsible entity for a facility must ensure that the following\ninformation is available on the responsible entity's website:\n(a) general information relating to the facility including the public\nopening hours of the facility;\n(b) the types of processes available for the disposal of human\n(c) details of the application process for the disposal of human\n(d) the amount of any fees charged by the responsible entity and\nspecified as individual fees;\n","sortOrder":137},{"sectionNumber":"136","sectionType":"section","heading":"Information to be displayed at facility","content":"136 Information to be displayed at facility\nThe manager of a facility must ensure that the following information\nis displayed at the facility:\n(a) the name of the facility;\n(b) the contact details of the manager;\n(c) the public opening hours of the facility.\n\nBurial and Cremation Act 2022 76\n","sortOrder":138},{"sectionNumber":"Part 7","sectionType":"part","heading":"Cremation and other processes prescribed for","content":"Part 7 Cremation and other processes prescribed for\ndisposal of human remains\n","sortOrder":139},{"sectionNumber":"137","sectionType":"section","heading":"Application of Part 7","content":"137 Application of Part 7\nThis Part applies to the following processes for disposal of human\nremains:\n(a) cremation;\n(b) any other process prescribed by regulation.\n","sortOrder":140},{"sectionNumber":"138","sectionType":"section","heading":"Application for disposal approval","content":"138 Application for disposal approval\n(1) The manager of a facility may approve the disposal of human\nremains of a deceased person at the facility (a disposal approval).\n(2) A person may apply to the manager of a facility for a disposal\napproval by submitting the following:\n(a) the following details regarding the applicant:\n(i) full name, address and contact details;\n(ii) relationship to the deceased person;\n(b) a disposal approval form;\n(c) confirmation of the notification of, or confirmation of\nreasonable attempts to notify the decision maker for the\n(d) any objections, known to the applicant, from the decision\nmaker for the deceased person;\n(e) the documents specified in subsection (3).\n(3) An application under subsection (2) must include:\n(a) each of the following:\n(ii) a certificate signed by 2 medical practitioners stating that\nthe death is not a reportable death under section 12 of\nthe Coroners Act 1993; or\n\nBurial and Cremation Act 2022 77\n(b) each of the following:\n(i) a certificate under section 12(3) of the Births, Deaths\n(ii) a certificate signed by 2 medical practitioners stating that\nthe death is not a reportable death under section 12 of\nthe Coroners Act 1993; or\n(c) a certificate issued by the coroner or the coroner's clerk under\nsection 17(1) of the Coroners Act 1993; or\n(d) a certificate issued by the Registrar under\nRegistration Act 1996 certifying the registration of the death of\nSections 185 and 186 include other provisions relevant to an approval.\n(4) Despite subsection (2), the manager of a facility may not apply for\nan approval under subsection (2) to dispose of human remains in\nthat facility.\n(5) The manager may request a document mentioned in\nsubsection (3)(a) from a provider if the document is not submitted\nunder subsection (2).\n(6) If the manager requests a document under subsection (5), the\nprovider must provide a copy of the document to the manager\nunless the provider does not have access to the document.\n(7) If the manager of a facility knows there is an objection from the\ndecision maker for the deceased person under subsection (2)(d) or\nsection 144(1), the manager of the facility must not approve the\ndisposal of the human remains of the deceased person unless the\ndecision maker withdraws, in writing, the decision maker's\nobjection.\n(8) The manager of a facility may:\n(a) give a disposal approval; or\n(b) refuse to give a disposal approval.\n\nBurial and Cremation Act 2022 78\n(9) If the manager of a facility refuses to give a disposal approval, the\nmanager must give the applicant a decision notice.\nNote for subsection (9)\n","sortOrder":141},{"sectionNumber":"139","sectionType":"section","heading":"Disposal approval form","content":"139 Disposal approval form\n(1) A disposal approval form must include the following information\nabout the deceased person, if known:\n(a) full name;\n(b) sex or gender;\n(c) date of birth;\n(d) country of birth;\n(e) date of death;\n(f) place of death;\n(g) address of residence immediately before death;\n(h) any other information prescribed by regulation.\n(2) The applicant may include a statement in the disposal approval\nform informing the manager of the facility that certain information\nmentioned in subsection (1) is culturally sensitive information.\n","sortOrder":142},{"sectionNumber":"140","sectionType":"section","heading":"Disposal approval given without application or incomplete","content":"140 Disposal approval given without application or incomplete\napplication\n(a) an application for approval to dispose of the human remains of\na deceased person under section 138(2):\n(i) is not submitted; or\n(ii) does not comply with the requirements specified in\nsection 138(2)(c) to (e); and\n(b) the person gives a disposal approval for the human remains of\n\nBurial and Cremation Act 2022 79\n","sortOrder":143},{"sectionNumber":"141","sectionType":"section","heading":"Disposal without approval","content":"141 Disposal without approval\n(b) a disposal approval has not been given for that disposal.\n","sortOrder":144},{"sectionNumber":"142","sectionType":"section","heading":"Interested persons not to certify","content":"142 Interested persons not to certify\n(a) the person intentionally signs a certificate mentioned in\nsection 138(3)(a)(ii) or (b)(ii) for a deceased person; and\n(b) the person has a direct or indirect interest, resulting from the\ndeath of the deceased person, in any proceeds of a policy of\ninsurance or assurance and the person has knowledge of that\ncircumstance.\n(2) A person commits an offence if:\n(a) the person intentionally signs a certificate mentioned in\nsection 138(3)(a)(ii) or (b)(ii) for a deceased person; and\n(b) the person has a direct or indirect interest, resulting from the\ndeath of the deceased person, in any real or personal property\nor income, whether immediately or in the future, and the\nperson has knowledge of that circumstance.\n","sortOrder":145},{"sectionNumber":"143","sectionType":"section","heading":"Disposal outside a facility","content":"143 Disposal outside a facility\n\nBurial and Cremation Act 2022 80\n(b) the disposal occurs at a location outside a facility.\n","sortOrder":146},{"sectionNumber":"144","sectionType":"section","heading":"Objection to disposal of human remains of deceased person","content":"144 Objection to disposal of human remains of deceased person\n(1) The decision maker for a deceased person may object to the\ndisposal of human remains of the deceased person.\n(2) The objection must be made in writing to the manager of the facility\nat which it is proposed to dispose of the human remains of the\ndeceased person and state the following:\n(a) the person is the decision maker for the deceased person;\n(b) the reasons for the objection.\n(3) An objection mentioned in subsection (1) may be withdrawn, in\nwriting, by the decision maker who submitted the objection.\n","sortOrder":147},{"sectionNumber":"Part 8","sectionType":"part","heading":"Officers may prohibit burial or disposal of","content":"Part 8 Officers may prohibit burial or disposal of\n","sortOrder":148},{"sectionNumber":"145","sectionType":"section","heading":"Officers may prohibit burial or disposal of human remains","content":"145 Officers may prohibit burial or disposal of human remains\n(1) Any of the following officers may, by written notice, prohibit the\nburial or disposal of human remains if that officer believes on\nreasonable grounds that the burial or disposal will not comply with\nthis Act or another Act:\n(a) the Coroner;\n(b) the Director of Public Prosecutions;\n(c) the Solicitor for the Northern Territory;\n(d) the CEO;\n(e) a police officer;\n(f) an inspector;\n(g) if each person mentioned in paragraph (a) to (f) is not\navailable to prohibit the burial or disposal – a justice of the\npeace.\n\nBurial and Cremation Act 2022 81\n(2) A notice under subsection (1) may be:\n(a) absolute; or\n(b) subject to any conditions stated in the notice.\n(3) In addition to prohibiting human remains from being buried or\ndisposed of, an officer may order that the human remains:\n(a) be moved to a specified place; or\n(b) be placed into the custody of a specified person.\n(4) A notice under subsection (1):\n(a) must be given to the following:\n(i) the executor or administrator of the estate of the\n(ii) the senior next of kin for the deceased person;\n(iii) if the burial or disposal is in a cemetery or facility – the\nresponsible entity for the cemetery or facility or the\nmanager of the cemetery or facility; and\n(b) must specify the following information:\n(i) the human remains to which the prohibition applies;\n(ii) the grounds for the prohibition;\n(iii) the period of the prohibition;\n(iv) any order given under subsection (3);\n(v) any conditions placed on the prohibition or other relevant\ninformation; and\n(c) must state that a person given notice under paragraph (a) may\napply to NTCAT for a review of the prohibition.\nNote for subsection (4)(c)\n(5) A notice under subsection (1) may be withdrawn, in writing, by the\nofficer who prohibited the burial or disposal in the notice.\n\nBurial and Cremation Act 2022 82\n","sortOrder":149},{"sectionNumber":"146","sectionType":"section","heading":"Approval of burial or disposal contrary to prohibition notice","content":"146 Approval of burial or disposal contrary to prohibition notice\n(b) the person receives an application under section 38(2)\nor 138(2) relating to the human remains; and\n(c) the person intentionally approves:\n(i) the burial of the human remains under section 38(1); or\n(ii) the disposal of the human remains under section 138(1).\n(3) An offence against subsection (1) is a summary offence.\n","sortOrder":150},{"sectionNumber":"147","sectionType":"section","heading":"Contravention of prohibition notice","content":"147 Contravention of prohibition notice\n(b) the person intentionally buries or disposes of human remains;\nand\n(c) the burial or disposal of human remains results in a\ncontravention of the notice and the person is reckless in\nrelation to that result.\n(2) An offence against subsection (1) is a summary offence.\n(3) A person commits an offence if:\n(b) the person intentionally engages in conduct; and\n\nBurial and Cremation Act 2022 83\n(c) that conduct results in the contravention of an order made\nunder section 145(3) or a condition under section 145(2)(b)\nand the person is reckless in relation to that result.\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n","sortOrder":151},{"sectionNumber":"148","sectionType":"section","heading":"Manager must notify applicant of prohibition notice","content":"148 Manager must notify applicant of prohibition notice\nIf a prohibition notice is given to the responsible entity for a\ncemetery or facility or the manager of a cemetery or facility under\nsection 145(1), the manager must immediately notify the applicant\nwho was given a burial approval or a disposal approval for the\nhuman remains to which the prohibition applies that a prohibition\nnotice has been given for those human remains.\n","sortOrder":152},{"sectionNumber":"Part 9","sectionType":"part","heading":"Compliance reviews, investigations and","content":"Part 9 Compliance reviews, investigations and\nenforcement\n","sortOrder":153},{"sectionNumber":"149","sectionType":"section","heading":"Appointment of inspectors","content":"149 Appointment of inspectors\n(1) The CEO may, in writing, appoint a person to be an inspector for\nthis Act.\n(2) An appointment may be subject to any conditions the CEO\nconsiders appropriate and that are specified in the instrument of\nappointment.\n","sortOrder":154},{"sectionNumber":"150","sectionType":"section","heading":"Identity cards for inspectors","content":"150 Identity cards for inspectors\n(1) The CEO must give an inspector an identity card stating the\nperson's full name and that the person is an inspector.\n(2) The identity card must:\n(a) display a recent photograph of the inspector; and\n(b) state the card's date of issue; and\n(c) be signed by the inspector.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n\nBurial and Cremation Act 2022 84\n","sortOrder":155},{"sectionNumber":"151","sectionType":"section","heading":"Return of identity card","content":"151 Return of identity card\n(1) A person who ceases to be an inspector must return the person's\nidentity card to the CEO as soon as reasonably practicable.\n","sortOrder":156},{"sectionNumber":"152","sectionType":"section","heading":"Functions of inspector","content":"152 Functions of inspector\n(1) An inspector has the following functions:\n(a) to monitor and enforce compliance with this Act;\n(b) to carry out compliance reviews;\n(c) to investigate contraventions and assist prosecution of\noffences against this Act;\n(d) to perform any other function conferred on inspectors under\n(2) An inspector has the powers necessary to perform the inspector's\nfunctions under this Act.\n(3) In exercising a power or performing a function under this Act, an\ninspector is subject to the direction of the CEO.\n","sortOrder":157},{"sectionNumber":"153","sectionType":"section","heading":"Compliance reviews","content":"153 Compliance reviews\n(1) The Agency must, from time to time, conduct compliance reviews of\ncemeteries and facilities.\n(2) The purpose of a compliance review is to ensure that responsible\nentities operate and administer cemeteries or facilities in\naccordance with this Act.\n","sortOrder":158},{"sectionNumber":"154","sectionType":"section","heading":"Agency must report on results of compliance review","content":"154 Agency must report on results of compliance review\n(1) The Agency must report to the responsible entity for a cemetery or\nfacility on the results of any compliance review of the cemetery or\nthe facility.\n\nBurial and Cremation Act 2022 85\n(2) The report may contain recommendations for operational or\nadministrative changes.\nDivision 3 Investigations\n","sortOrder":159},{"sectionNumber":"155","sectionType":"section","heading":"Investigations","content":"155 Investigations\nThe Agency may, at any time, direct one or more inspectors to\ninvestigate the operation or administration of a cemetery or facility.\n","sortOrder":160},{"sectionNumber":"156","sectionType":"section","heading":"Power of entry","content":"156 Power of entry\n(1) For the purposes of performing functions under this Act, an\ninspector may:\n(a) enter, examine and search the premises of the responsible\nentity; and\n(b) examine and take copies of any records or other documents\nrelating to the cemetery or facility.\n(2) The responsible entity for a cemetery or facility must, at the request\nof an inspector and within the reasonable period specified in the\nrequest:\n(a) do anything reasonably necessary to facilitate the exercise of\npowers under subsection (1); or\n(b) answer any reasonable question related to the compliance\nreview or the investigation asked by the inspector; or\n(c) produce any specified record or documentary material\nrelevant to the compliance review or the investigation; or\n(d) give any other assistance the inspector reasonably\nrequires; or\n(e) any combination of the above.\n(3) A request under subsection (2) must be in writing.\n(4) A person commits an offence if the person fails to comply with a\nrequest under subsection (2).\n\nBurial and Cremation Act 2022 86\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant took reasonable steps to comply\nwith the request under subsection (2).\n","sortOrder":161},{"sectionNumber":"157","sectionType":"section","heading":"Entry on Aboriginal land","content":"157 Entry on Aboriginal land\nThe power of an inspector to enter a premises may be exercised\nunder this Act, despite:\n(a) the premises being located on Aboriginal land; and\n(b) the inspector not holding a permit under the Aboriginal Land\nAct 1978 to enter or remain on Aboriginal land.\n","sortOrder":162},{"sectionNumber":"158","sectionType":"section","heading":"Procedure for entry","content":"158 Procedure for entry\nBefore entering any premises in the exercise of a function under\nthis Act, an inspector must:\n(a) announce that the inspector is an inspector who is authorised\nunder this Act to enter the premises; and\n(b) show the inspector's identity card to any persons present at\nthe premises in accordance with section 159; and\n(c) give any persons on the premises a reasonable opportunity to\nallow entry to the premises.\n","sortOrder":163},{"sectionNumber":"159","sectionType":"section","heading":"Production of identity card","content":"159 Production of identity card\n(1) An inspector must show the inspector's identity card to any persons\npresent before exercising a power under this Act.\n(2) An inspector must show the inspector's identity card for inspection if\nasked to do so by an occupier of the premises during the exercise\nof a power under this Act.\n(3) If an inspector does not comply with a request under subsection (2),\nthe inspector must immediately cease exercising the power under\nthis Act.\n","sortOrder":164},{"sectionNumber":"160","sectionType":"section","heading":"Power of formal questioning","content":"160 Power of formal questioning\n(1) For the purposes of a compliance review or an investigation, an\ninspector may, by written notice, require a person:\n(a) within the time allowed in the notice, to provide written\nanswers to specific questions or other specified written\ninformation; or\n\nBurial and Cremation Act 2022 87\n(b) to attend before the inspector at a specified time and place for\nexamination on a subject stated in the notice; or\n(c) within the time allowed in the notice, to produce specified\nrecords or documents; or\n(d) within the time allowed in the notice, to produce records or\ndocuments of a specified kind.\n(2) A person required under subsection (1)(a) to provide written\nanswers to questions or other written information must verify the\nanswers or information by statutory declaration.\n(3) A person who attends for examination before an inspector must:\n(a) if the inspector so requires – take an oath to answer truthfully\nall questions put to the person by the inspector; and\n(b) answer any question put to the person at the examination.\n(4) A person commits an offence if the person fails to comply with a\nrequirement under this section.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant took reasonable steps to comply\nwith a requirement under this section.\n","sortOrder":165},{"sectionNumber":"161","sectionType":"section","heading":"Self-incrimination","content":"161 Self-incrimination\n(1) A person required to answer a question, give information or\nproduce a document under this Act is not excused from doing so on\nthe ground that the answer, information or document might tend to\nincriminate the person or make the person liable to a penalty.\n(2) Despite subsection (1), the answer, information or document is not\nadmissible in evidence against the person in a civil or criminal\nproceeding except a proceeding for an offence in which the falsity\nor misleading nature of the answer, information or document is\nrelevant.\n","sortOrder":166},{"sectionNumber":"162","sectionType":"section","heading":"Confidential matters","content":"162 Confidential matters\n(1) A person must not refuse to comply with a requirement under\nsection 156 or 160 because the answer, information, record or\ndocument is confidential.\n\nBurial and Cremation Act 2022 88\n(2) Despite subsection (1), the person is not required to comply with\nthe requirement if it requires the person to disclose legally\nprivileged information.\n","sortOrder":167},{"sectionNumber":"163","sectionType":"section","heading":"Inspector's report","content":"163 Inspector's report\n(1) If an inspector finds evidence of an irregularity or a contravention of\nthe Act in the operation or administration of a cemetery or facility,\nthe inspector must report the matter to:\n(a) the CEO; and\n(b) the responsible entity for that cemetery or facility.\n(2) If the irregularity or contravention appears to involve dishonesty or\nserious illegality, the CEO must report the matter to the Minister.\n","sortOrder":168},{"sectionNumber":"164","sectionType":"section","heading":"Minister may issue an enforcement order","content":"164 Minister may issue an enforcement order\nThe Minister may issue an enforcement order to the responsible\nentity for a cemetery requiring action to be taken if the Minister\nbelieves on reasonable grounds that there were repeated\ncontraventions of this Act or another Act, or irregularities in the\noperation or administration of a cemetery.\n","sortOrder":169},{"sectionNumber":"165","sectionType":"section","heading":"Content of enforcement order","content":"165 Content of enforcement order\nAn enforcement order under this Division must be in writing and\n(a) state the grounds on which it was issued; and\n(b) state the actions or measures that the responsible entity for\nthe cemetery is required to take in order to:\n(c) specify a date by which the responsible entity for the cemetery\nis required to comply with the order; and\n(d) state the maximum penalty for contravening the order; and\n\nBurial and Cremation Act 2022 89\n(e) state that the responsible entity for the cemetery may seek a\nreview by NTCAT of the decision to issue the order or any of\nits terms.\nNote for paragraph (e)\n","sortOrder":170},{"sectionNumber":"166","sectionType":"section","heading":"Contravention of enforcement order","content":"166 Contravention of enforcement order\n(a) the responsible entity for a cemetery was issued an\nenforcement order under section 164; and\n(b) the responsible entity intentionally engages in conduct; and\n(c) the conduct results in a contravention of the enforcement\norder and the responsible entity is reckless in relation to that\nresult.\n","sortOrder":171},{"sectionNumber":"167","sectionType":"section","heading":"Requirements after issue of enforcement order","content":"167 Requirements after issue of enforcement order\nThe responsible entity for a cemetery to which an enforcement\norder is issued must, by the end of the period specified in the order,\nreport, in writing, to the Minister:\n(a) the steps taken by the responsible entity to address the\nmatters raised in the order; or\n(b) if no steps have been taken – the reasons why no steps have\nbeen taken.\n","sortOrder":172},{"sectionNumber":"168","sectionType":"section","heading":"Minister may suspend cemetery","content":"168 Minister may suspend cemetery\n(1) The Minister may, by Gazette notice, suspend a cemetery (a\nsuspended cemetery) if, after the issue of an enforcement order in\nrespect of the cemetery, the specified irregularities or\ncontraventions are not remedied.\n\nBurial and Cremation Act 2022 90\n(2) A notice under subsection (1) must include the following\ninformation:\n(a) any conditions of the suspension of the cemetery;\n(b) the date the suspension takes effect.\n(3) The responsible entity for a suspended cemetery must ensure that\nthe following information is displayed at the cemetery:\n(a) a statement that the cemetery is a suspended cemetery;\n(b) the information mentioned in subsection (2).\n","sortOrder":173},{"sectionNumber":"169","sectionType":"section","heading":"Burial in suspended cemetery","content":"169 Burial in suspended cemetery\n(1) Subject to any conditions stated in the suspension notice under\nsection 168(1), the burial of human remains of a deceased person\nmay occur in a suspended cemetery.\n(2) A burial mentioned in subsection (1) is taken to be a burial at a\nlocation outside a cemetery and must be done in accordance with\nPart 3, Division 4.\n","sortOrder":174},{"sectionNumber":"170","sectionType":"section","heading":"Requirement to forward permanent records","content":"170 Requirement to forward permanent records\n(1) The Minister may direct the responsible entity for the suspended\ncemetery to forward its permanent records to the archives service\nwithin 9 months of suspension.\n(2) A responsible entity commits an offence if the responsible entity\ncontravenes the requirement under subsection (1).\n","sortOrder":175},{"sectionNumber":"171","sectionType":"section","heading":"Revocation of suspension","content":"171 Revocation of suspension\nThe Minister may, by Gazette notice, revoke the suspension of a\ncemetery if the Minister determines that the responsible entity for\nthe suspended cemetery has remedied the irregularities or\ncontraventions specified in the enforcement order.\n\nBurial and Cremation Act 2022 91\n","sortOrder":176},{"sectionNumber":"172","sectionType":"section","heading":"Minister may issue an enforcement order","content":"172 Minister may issue an enforcement order\nIf the Minister believes on reasonable grounds that there have been\nrepeated contraventions of this Act or another Act, or irregularities\nin the operation or administration of a facility, the Minister may\nissue an enforcement order to the responsible entity for that facility:\n(a) requiring action to be taken; and\n(b) specify any variation of conditions of the licence granted to\noperate the facility.\n","sortOrder":177},{"sectionNumber":"173","sectionType":"section","heading":"Content of enforcement order","content":"173 Content of enforcement order\nAn enforcement order under this Division must be in writing and\n(a) state the grounds on which it was issued; and\n(b) state the actions or measures that the responsible entity for\nthe facility is required to take in order to:\n(c) specify a date by which the responsible entity for the facility is\nrequired to comply with the order; and\n(d) state any variation of conditions of the licence granted to\noperate the facility; and\n(e) state the maximum penalty for contravening the order; and\n(f) state that the responsible entity for the facility may seek a\nreview by NTCAT of the decision to issue the order or any of\nits terms.\nNote for paragraph (f)\n\nBurial and Cremation Act 2022 92\n","sortOrder":178},{"sectionNumber":"174","sectionType":"section","heading":"Contravention of enforcement order","content":"174 Contravention of enforcement order\n(a) the responsible entity for a facility was issued an enforcement\norder under section 172; and\n(b) the responsible entity intentionally engages in conduct; and\n(c) the conduct results in a contravention of the enforcement\norder and the responsible entity is reckless in relation to that\nresult.\n","sortOrder":179},{"sectionNumber":"175","sectionType":"section","heading":"Minister may suspend operation of facility","content":"175 Minister may suspend operation of facility\n(1) The Minister may issue a suspension notice to the responsible\nentity for a facility requiring it to suspend operation of that facility if\nthe Minister believes on reasonable grounds that there have been\nrepeated contraventions of this Act or another Act, or irregularities\nin the operation or administration of the facility.\n(2) If the Minister issues a suspension notice to a responsible entity for\na facility, the Minister must give notice in the Gazette that the\nMinister has suspended the operation of the facility.\n","sortOrder":180},{"sectionNumber":"176","sectionType":"section","heading":"Content of suspension notice","content":"176 Content of suspension notice\nA suspension notice under this Division must be in writing and\n(a) state the grounds on which it is issued; and\n(b) state the date the suspension takes effect; and\n(c) state the actions or measures that the responsible entity for\nthe facility is required to take in order to:\n\nBurial and Cremation Act 2022 93\n(d) specify a date by which the responsible entity for the facility is\nrequired to comply with the suspension notice; and\n(e) state the maximum penalty for contravening the suspension\nnotice; and\n(f) state that the responsible entity for the facility may seek a\nreview by NTCAT of the decision to issue the suspension\nnotice or any of its terms.\nNote for paragraph (f)\n","sortOrder":181},{"sectionNumber":"177","sectionType":"section","heading":"Contravention of suspension notice","content":"177 Contravention of suspension notice\n(a) the responsible entity for a facility was issued with a\nsuspension notice under section 175(1); and\n(b) the responsible entity intentionally operates or uses the facility\nthat is the subject of the notice.\n","sortOrder":182},{"sectionNumber":"178","sectionType":"section","heading":"Requirements after issue of enforcement order or suspension","content":"178 Requirements after issue of enforcement order or suspension\nnotice\nThe responsible entity for a facility to which an enforcement order\nor suspension notice is issued must, by the end of the period\nspecified in the order or notice, report, in writing, to the Minister:\n(a) the steps taken by the responsible entity to address the\nmatters raised in the order or notice; or\n(b) if no steps have been taken – the reasons why no steps have\nbeen taken.\n\nBurial and Cremation Act 2022 94\n","sortOrder":183},{"sectionNumber":"Div 9","sectionType":"division","heading":"Enforcement action for facility","content":"Division 9 Enforcement action for facility\n","sortOrder":184},{"sectionNumber":"179","sectionType":"section","heading":"Revocation of facility licence","content":"179 Revocation of facility licence\n(1) The Minister may revoke the licence to operate a facility if, after the\nissue of an enforcement order or suspension notice in respect of\nthe facility, the specified contraventions or irregularities are not\nremedied.\n(2) If the Minister revokes the licence to operate a facility, the Minister\nmust give notice in the Gazette that the licence to operate a facility\nhas been revoked.\n","sortOrder":185},{"sectionNumber":"180","sectionType":"section","heading":"Requirement to forward permanent records","content":"180 Requirement to forward permanent records\n(1) If the Minister revokes a licence to operate a facility under\nsection 179(1), the person who held that licence must forward the\nfacility's permanent records to the archives service within 9 months\nof the revocation.\n(2) A person commits an offence if the person contravenes the\nrequirement under subsection (1).\n","sortOrder":186},{"sectionNumber":"Div 10","sectionType":"division","heading":"Remedy of contraventions of facility","content":"Division 10 Remedy of contraventions of facility\n","sortOrder":187},{"sectionNumber":"181","sectionType":"section","heading":"Revocation of suspension notice","content":"181 Revocation of suspension notice\n(1) The Minister may revoke a suspension notice if the Minister\ndetermines that the responsible entity for a facility that was required\nto suspend operation under section 175 remedied the irregularities\nor contraventions specified in the suspension notice.\n(2) If the Minister revokes a suspension notice that applied to a facility,\nthe Minister must give notice in the Gazette that the suspension\nnotice has been revoked.\n","sortOrder":188},{"sectionNumber":"182","sectionType":"section","heading":"Permanent records","content":"182 Permanent records\n(1) The permanent records for a cemetery are the following:\n(a) the cemetery plan;\n(b) the register of burials;\n\nBurial and Cremation Act 2022 95\n(c) the policy on multiple burials;\n(d) authorisations given for multiple burials;\n(e) the policy on exclusive rights of burial;\n(f) copies of the certificates granting an exclusive right of burial;\n(g) documentation regarding the surrender of an unexercised\nexclusive right of burial;\n(h) the register of exclusive rights of burial;\n(i) authorisations given to erect memorials;\n(j) prohibition notices received under Part 8;\n(k) any other permanent record prescribed by regulation.\n(2) The permanent records for a facility are the following:\n(a) the register of disposal of human remains;\n(b) objections received by the facility manager to the disposal of\nhuman remains;\n(c) prohibition notices received under Part 8;\n(d) any other permanent record prescribed by regulation.\n(3) If the responsible entity for a cemetery or facility changes, the\nprevious responsible entity must forward all its permanent records\nto the following within 9 months of the change of responsible entity:\n(a) the archives service;\n(b) the new responsible entity for the cemetery or facility.\n(4) The previous responsible entity for a cemetery or facility commits\nan offence if the previous responsible entity contravenes the\nrequirement under subsection (3).\n","sortOrder":189},{"sectionNumber":"183","sectionType":"section","heading":"Record keeping","content":"183 Record keeping\n(1) The responsible entity for a cemetery or facility must keep the\ncemetery's or facility's permanent records in an electronic form in\nthe responsible entity's record management system.\n\nBurial and Cremation Act 2022 96\n(2) The responsible entity for a cemetery must keep the applications for\nburial approvals, including the burial form and required documents,\nfor a minimum period of 7 years.\n(3) The responsible entity for a facility must keep the applications for\ndisposal approvals, including the disposal form and required\ndocuments, for a minimum period of 7 years.\n(4) The regulations may prescribe additional requirements for keeping\nrecords under this Act.\n","sortOrder":190},{"sectionNumber":"184","sectionType":"section","heading":"Failure to keep permanent records","content":"184 Failure to keep permanent records\nA person commits an offence if:\n(a) the person is a responsible entity for a cemetery or facility;\nand\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of a requirement on the\nperson to keep a permanent record under this Act for a\ncemetery or facility and the person is reckless in relation to\nthat result.\n","sortOrder":191},{"sectionNumber":"185","sectionType":"section","heading":"Interstate deaths","content":"185 Interstate deaths\nIf a person dies in a State or another Territory, a document that\nsatisfies the requirements of that State or Territory may be used\ninstead of a document mentioned in section 38(2)(c), 67(1)(a)\nor 138(3).\n","sortOrder":192},{"sectionNumber":"186","sectionType":"section","heading":"Overseas deaths","content":"186 Overseas deaths\n(1) If a person dies outside Australia, any of the following documents\nmay be used instead of a document mentioned in\nsection 38(2)(c), 67(1)(a) or 138(3):\n(a) a document stating cause of death that is made under a law in\nforce in the place where the death occurred that is equivalent\nto a document issued under section 12(3) or 34(1) of the\nBirths, Deaths and Marriages Registration Act 1996;\n\nBurial and Cremation Act 2022 97\n(b) a certificate issued by a coroner or a person or entity\nequivalent to a coroner in the place where the death occurred;\n(c) a death certificate issued by a person legally authorised to do\nso in the place where the death occurred.\n(2) If a document mentioned in subsection (1) is in a language other\nthan English, the following documents must be submitted:\n(a) the document;\n(b) a translation of the document into English language that is\nauthenticated or certified to the satisfaction of the manager of\na cemetery, the manager of a facility or the Agency, as the\ncase requires.\n(3) If none of the documents mentioned in subsection (1) are able to be\nprovided, then any of the following documents may be used\ninstead:\n(a) a certificate of cause of death issued by a medical practitioner\nafter an examination of the human remains has been\nconducted;\n(b) a certificate from an Australian coroner stating that:\n(i) no further examination of the human remains is\nnecessary; and\n(ii) there is no reason not to dispose of the human remains\nin a lawful manner.\n","sortOrder":193},{"sectionNumber":"187","sectionType":"section","heading":"Review by NTCAT","content":"187 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 1.\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 1 for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 187\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n\nBurial and Cremation Act 2022 98\n","sortOrder":194},{"sectionNumber":"188","sectionType":"section","heading":"Offence to dispose of human remains by unauthorised","content":"188 Offence to dispose of human remains by unauthorised\nprocess\n(b) the process used to dispose of the human remains is not\nauthorised under this Act or another Act.\n","sortOrder":195},{"sectionNumber":"189","sectionType":"section","heading":"Misleading information","content":"189 Misleading information\n(a) the person intentionally gives information to another person;\nand\n(b) the information is misleading and the person has knowledge of\nthat circumstance; and\n(c) the other person is acting in an official capacity and the person\nhas knowledge of that circumstance.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(c) the other person is acting in an official capacity and the person\nhas knowledge of that circumstance.\n\nBurial and Cremation Act 2022 99\nsubsection (1) or (2) if the person, when giving the information or\ndocument:\n(a) draws the misleading aspect of the information or document to\nthe other person's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe other person the information necessary to remedy the\nmisleading aspect of the information or document.\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n(4) In this section:\nacting in an official capacity, in relation to a person, means the\nperson is performing functions under, or otherwise related to the\nadministration of, this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":196},{"sectionNumber":"190","sectionType":"section","heading":"Offence to disclose certain information","content":"190 Offence to disclose certain information\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nand\n\nBurial and Cremation Act 2022 100\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person has consented to the disclosure of the information.\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n","sortOrder":197},{"sectionNumber":"191","sectionType":"section","heading":"Delegations","content":"191 Delegations\n(1) The Minister may delegate any of the Minister's powers and\nfunctions under this Act to the CEO or a public sector employee.\n(2) The CEO may delegate any of the CEO's powers and functions\nunder this Act to a public sector employee.\n","sortOrder":198},{"sectionNumber":"192","sectionType":"section","heading":"Declaration of infectious diseases","content":"192 Declaration of infectious diseases\n(1) The Chief Health Officer may, by Gazette notice, declare a disease\nto be an infectious disease for the purposes of this Act.\n(2) The CEO may, after consulting with the Chief Health Officer, make\nguidelines in relation to any declared infectious disease for the\npurposes of burials, disposals or exhumations under this Act.\n(3) The Agency must publish a guideline issued under subsection (2)\non the Agency's website as soon as practicable after the guideline\nis made.\n","sortOrder":199},{"sectionNumber":"193","sectionType":"section","heading":"Chief Health Officer may make guidelines","content":"193 Chief Health Officer may make guidelines\n(1) The Chief Health Officer may, from time to time, make guidelines\nrelating to any public health matter related to the burial, disposal or\nexhumation of human remains under this Act.\n(2) The Agency administering the Public and Environmental Health\nAct 2011 must publish a guideline made under subsection (1) on\nthe Agency's website as soon as practicable after the guideline is\nmade.\n\nBurial and Cremation Act 2022 101\n","sortOrder":200},{"sectionNumber":"194","sectionType":"section","heading":"CEO may make guidelines","content":"194 CEO may make guidelines\n(1) The CEO may, from time to time, make guidelines relating to any\nmatter under this Act.\n(2) The Agency must publish a guideline made under subsection (1) on\nthe Agency's website as soon as practicable after the guideline is\nmade.\n","sortOrder":201},{"sectionNumber":"195","sectionType":"section","heading":"Regulations","content":"195 Regulations\n(1) The Administrator may make regulations under this Act.\nSee section 65 of the Interpretation Act 1978.\n(2) A regulation may provide for the following:\n(a) other processes for the disposal of human remains;\n(b) other types of facilities for the disposal of human remains;\n(c) further requirements for the manner or undertaking of a burial,\nexhumation or disposal;\n(d) matters to be included in a cemetery plan;\n(e) matters to be provided for in a cemetery or facility policy;\n(f) details to be included in any register required to be maintained\nunder this Act;\n(g) requirements for a cemetery or facility;\n(h) an offence against a regulation to be an offence of strict or\nabsolute liability;\n(i) matters to be taken into account when making a decision\nunder this Act.\n","sortOrder":202},{"sectionNumber":"196","sectionType":"section","heading":"Acts repealed","content":"196 Acts repealed\nThe Acts specified in Schedule 2 are repealed.\n\nBurial and Cremation Act 2022 102\n","sortOrder":203},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transitional matters for Burial and Cremation","content":"Division 2 Transitional matters for Burial and Cremation\nAct 2022\n","sortOrder":204},{"sectionNumber":"197","sectionType":"section","heading":"Definitions","content":"197 Definitions\nIn this Division:\ncommencement means the commencement of section 196 of the\nBurial and Cremation Act 2022.\nrepealed Act means the Cemeteries Act 1952 as in force\nimmediately before the commencement.\nrepealed Regulations means the Cemeteries Regulations 1967 as\nin force immediately before the commencement.\n","sortOrder":205},{"sectionNumber":"198","sectionType":"section","heading":"Public cemeteries","content":"198 Public cemeteries\nOn the commencement, a cemetery that was a public cemetery\ndeclared under section 6(1) of the repealed Act is taken to be a\npublic cemetery under section 16 of this Act.\n","sortOrder":206},{"sectionNumber":"199","sectionType":"section","heading":"Nhulunbuy Public Cemetery","content":"199 Nhulunbuy Public Cemetery\n(1) On the commencement, the Nhulunbuy Public Cemetery mentioned\nin section 6A of the repealed Act is taken to be a public cemetery\nunder section 16 of this Act.\n(2) On the commencement, the Nhulunbuy Corporation Limited is\ntaken to be the responsible entity for the Nhulunbuy Public\nCemetery under section 22 of this Act.\n","sortOrder":207},{"sectionNumber":"200","sectionType":"section","heading":"Establishment of cemetery plan and policies","content":"200 Establishment of cemetery plan and policies\n(1) Subject to subsection (2), the responsible entity for a cemetery\nmust do the following not later than 12 months after the\ncommencement:\n(a) establish a cemetery plan under section 24(1);\n(b) if required – establish a policy required under section 27(4),\n28(1), 57(1) or 60(1);\n(c) ensure the information specified in section 29 is available on\nthe responsible entity's website;\n(d) ensure the information specified in section 30 is displayed at\n\nBurial and Cremation Act 2022 103\n(2) If the responsible entity for a cemetery is required to act in\naccordance with a policy mentioned in subsection (1)(b), the\nresponsible entity must establish the policy before taking action.\n","sortOrder":208},{"sectionNumber":"201","sectionType":"section","heading":"Closed cemeteries and semi-closed cemeteries","content":"201 Closed cemeteries and semi-closed cemeteries\n(1) On the commencement, a cemetery that was declared to be a\nclosed cemetery under section 36(1) of the repealed Act is taken to\nbe a closed cemetery under section 106 of this Act.\n(2) On the commencement, each of the following cemeteries is taken\nto be a semi-closed cemetery under section 103 of this Act:\n(a) Alice Springs General Cemetery;\n(b) Darwin General Cemetery.\n","sortOrder":209},{"sectionNumber":"202","sectionType":"section","heading":"Exclusive rights of burial in cemetery","content":"202 Exclusive rights of burial in cemetery\n(1) On the commencement, an exclusive right of burial granted under\nsection 29 of the repealed Act is taken to be an exclusive right of\nburial under section 50 of this Act.\n(2) Despite section 53 of this Act, an exclusive right of burial mentioned\nin subsection (1) expires 60 years after the commencement.\n(3) At least 12 months before the period in subsection (2) expires, the\nresponsible entity for the cemetery that granted the exclusive right\nof burial must, in accordance with section 61 of this Act, notify the\npersons mentioned in section 61(1) of this Act that the right will\nexpire at the end of the period.\n(4) An exclusive right of burial that is about to expire under this section\nmay be renewed under section 62 of this Act.\n","sortOrder":210},{"sectionNumber":"203","sectionType":"section","heading":"Transfer of exclusive right of burial in cemetery","content":"203 Transfer of exclusive right of burial in cemetery\n(1) Despite section 58 of this Act, on the commencement, an exclusive\nright of burial granted under section 29 of the repealed Act that has\nnot expired before the commencement, may be transferred in\naccordance with regulation 18(2) of the repealed Regulations as in\nforce immediately before the commencement.\n(2) The transfer of an exclusive right of burial mentioned in\nsubsection (1) must occur within 60 years after the commencement.\n(3) After the commencement, an exclusive right of burial may only be\ntransferred once.\n\nBurial and Cremation Act 2022 104\n","sortOrder":211},{"sectionNumber":"204","sectionType":"section","heading":"Private burial grounds","content":"204 Private burial grounds\nOn the commencement, a private burial ground established under\nsection 6(1) of the repealed Act is taken to be a burial ground under\nsection 31 of this Act.\n","sortOrder":212},{"sectionNumber":"205","sectionType":"section","heading":"Permit for burial in cemetery","content":"205 Permit for burial in cemetery\nAn application for a permit for the burial of the body of a deceased\nperson that, on the commencement, had not been obtained under\nregulation 15 of the repealed Regulations, continues to be dealt\nwith under the repealed Regulations as in force immediately before\nthe commencement.\n","sortOrder":213},{"sectionNumber":"206","sectionType":"section","heading":"Multiple burial in cemetery","content":"206 Multiple burial in cemetery\n(1) An application for a multiple burial that, on the commencement, had\nnot been determined by the Minister under regulation 19A of the\nrepealed Regulations, is taken to be an application under\nsection 38 with reference to section 44 of this Act.\n(2) The Minister must, after the commencement, forward each\napplication mentioned in subsection (1) to the manager of the\ncemetery for which each application relates for determination in\naccordance with sections 38 and 43 of this Act.\n(3) If the Minister approved a multiple burial under regulation 19A of\nthe repealed Regulations before the commencement but the\nproposed burial has not yet occurred on the commencement, the\napproval remains in force after the commencement unless:\n(a) the proposed burial will contravene this Act or another Act; or\n(b) the decision maker for the deceased person or any deceased\nperson buried at the burial site objects, in writing, to the\nmanager of the cemetery, to the proposed burial.\nExample for subsection (3)(a)\nThe depth of the burial site of the proposed burial does not comply with the\nrequirements of section 81 of this Act.\n","sortOrder":214},{"sectionNumber":"207","sectionType":"section","heading":"Burial outside cemetery","content":"207 Burial outside cemetery\nAn application for the burial of a deceased person outside a\ncemetery that, on the commencement, had not been determined by\nthe Minister under section 21 of the repealed Act, continues to be\ndealt with under the repealed Act as in force immediately before the\n\nBurial and Cremation Act 2022 105\n","sortOrder":215},{"sectionNumber":"208","sectionType":"section","heading":"Exhumation","content":"208 Exhumation\nAn application under section 30C of the repealed Act that, on the\ncommencement, had not been determined by the Minister under\nsection 30D of the repealed Act, continues to be dealt with under\nthe repealed Act as in force immediately before the\n","sortOrder":216},{"sectionNumber":"209","sectionType":"section","heading":"Crematoria","content":"209 Crematoria\n(1) On the commencement, a crematorium approved under section 14\nof the repealed Act is taken to be a facility under this Act.\n(2) On the commencement, a person who was approved to erect a\ncrematorium under section 14(2) of the repealed Act is taken to be\na person who holds a licence to operate a facility under\nsection 123(1) of this Act.\n","sortOrder":217},{"sectionNumber":"210","sectionType":"section","heading":"Availability of facility information","content":"210 Availability of facility information\nThe responsible entity for a facility must do the following not later\nthan 12 months after the commencement:\n(a) ensure the information specified in section 135 is available on\nthe responsible entity's website;\n(b) ensure the information specified in section 136 is displayed at\nthe facility.\n","sortOrder":218},{"sectionNumber":"211","sectionType":"section","heading":"Permit for cremation","content":"211 Permit for cremation\nAn application for a permit for cremation of the body of a deceased\nperson that was not determined before the commencement under\nsection 16 of the repealed Act continues to be determined under\nthe repealed Act as it was in force immediately before\n\nBurial and Cremation Act 2022 106\nsection 187\nReviewable decision Affected person\ncemetery under section 38(9) to\nrefuse to give a burial approval\nsection 38(2)\ncemetery under section 39(5) to not\napprove a request to vary or remove\nany condition on a burial approval\nsection 39(2)\nA decision of the responsible entity for\na public cemetery under section 49(1)\nto require a person to repair, remove\nor reinstate a memorial\nsection 48(1)\ncemetery under section 62(6) to\nrefuse to renew an exclusive right of\nburial\nThe person mentioned in\nsection 62(2) or (8)\nA decision of the CEO under\nsection 87(8) to refuse to approve the\nexhumation and relocation of human\nremains\nThe person mentioned in\nsection 87(1)\nA decision of the manager of a facility\nunder section 138(8) to refuse to give\na disposal approval\nsection 138(2)\nA decision of an officer under\nsection 145(1) to prohibit the burial of\nThe executor or administrator of the\nestate of the deceased person or\nany next of kin of the deceased\nperson that the prohibition relates\nA decision of an officer under\nsection 145(1) to prohibit the disposal\nof human remains\nThe executor or administrator of the\nestate of the deceased person or\nany next of kin of the deceased\nperson that the prohibition relates\nsection 164 to issue an enforcement\norder to the responsible entity for a\nThe responsible entity for the\n\nBurial and Cremation Act 2022 107\nReviewable decision Affected person\nsection 172 to issue an enforcement\norder to the responsible entity for a\nfacility\nThe responsible entity for the facility\nsection 175 to suspend the operation\nof a facility\nThe responsible entity for the facility\n\nBurial and Cremation Act 2022 108\nsection 196\nCemeteries Ordinance 1952 Act No. 18 of 1952\nCemeteries Ordinance 1955 Act No. 7 of 1955\nCemeteries Ordinance 1963 Act No. 47 of 1963\nCemeteries Ordinance 1964 Act No. 36 of 1964\nCemeteries Ordinance 1966 Act No. 46 of 1966\nCemeteries Ordinance 1971 Act No. 4 of 1971\nCemeteries Ordinance 1977 Act No. 47 of 1977\nCemeteries Ordinance 1978 Act No. 109 of 1978\nCemeteries Act 1979 Act No. 92 of 1979\nCemeteries Amendment Act 1999 Act No. 57 of 1999\nCemeteries Amendment Act 2000 Act No. 68 of 2000\nCemeteries Amendment Act 2005 Act No. 35 of 2005\n\nBurial and Cremation Act 2022 109\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBurial and Cremation Act 2022 (Act No. 16, 2022)\nAssent date 9 August 2022\nCommenced 28 November 2022 (Gaz S60, 23 November 2022)\n3 LIST OF AMENDMENTS\ns 212 rep No. 16, 2022, s 212(5)\npt 13 hdg rep No. 16, 2022, s 223\ndiv 1 hdg rep No. 16, 2022, s 223\nss 213 – 221 rep No. 16, 2022, s 223\ndiv 2 hdg rep No. 16, 2022, s 223\ns 222 rep No. 16, 2022, s 223\ndiv 3 hdg rep No. 16, 2022, s 223\ns 223 rep No. 16, 2022, s 223\nsch 3 rep No. 16, 2022, s 223","sortOrder":219}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with older cemetery laws that mainly governed the management of cemetery land and basic burial permits, this Act significantly broadens and consolidates jurisdiction. It brings cremation and other disposal processes, licensing of facilities, registers for burials outside cemeteries, exhumation processes both inside and outside cemeteries, explicit protection for Aboriginal and native title interests, detailed record‑keeping and archiving obligations, and a modern enforcement/inspection regime into a single statute (see objects s3; Parts 2–7; Parts 9–10). The Act thus moves from a narrow cemeteries framework to a comprehensive regulatory system for all lawful handling, disposal and relocation of human remains across the Territory, with attendant new duties, licensing and compliance costs for councils, facility operators and land interest holders (see s123–126, s182–183, s66–79)."},"complexity_factors":["Long statute with many Parts and Divisions (12 Parts; numerous Divisions and Subdivisions) covering a broad subject matter (burial, cremation, exhumation, cemeteries, facilities, enforcement, records, transitional rules).","Approximately 70 defined terms in the interpretation section (s7) creating dense cross‑referencing.","Multiple approval and notification tracks with overlapping requirements (burial approvals s38, burial notifications s66–67, disposal approvals s138, exhumation approvals s87 and s93) and different documentary tests for each.","Frequent conditional logic and exceptions (e.g. cultural sensitivity exceptions s68/s95; Aboriginal/native title overrides s5 and s37(4); exceptions for multiple burials s44; exhumation exceptions s90).","Substantial cross‑references to other Territory and Commonwealth Acts (Births, Deaths and Marriages Act, Coroners Act, Aboriginal Land Rights Act 1976 (Cth), Native Title Act 1993 (Cth), Land Title Act 2000 and others).","Multiple registers and record‑keeping obligations across different actors (s18, s33, s46, s64, s77, s132, s182–183) with publication and redaction rules.","Extensive enforcement architecture: inspector powers (s149–161), ministerial enforcement orders and suspensions (s164–181), offences with mixed liability standards and heavy penalties (various sections including s124, s141, s146–147, s188).","Numerous delegated powers and administrative discretion (Minister, CEO, Chief Health Officer—s16, s123, s192–194), increasing complexity of practical application and potential for appeals to NTCAT (s187, Schedule 1).","Transitional and savings provisions that convert older permits/rights into the new scheme with time‑limited anomalies (Part 12, s196–211), adding short‑to‑medium term complexity."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a single, Territory-wide regulatory framework for burying, exhuming and disposing of human remains. It covers cemeteries, burial grounds and burials outside cemeteries; licences and standards for facilities (including crematoria); records and registers; enforcement, inspections and offences; and transitional rules for replacing older cemetery laws (see s3, Parts 2–11, Part 12).\n\n- Introduces mandatory approval and notification processes. Managers or the Agency must be notified and usually must approve: burials in cemeteries (s38), burials outside cemeteries (notification requirements in s66–67), disposals at licensed facilities (s138), and exhumations (s87 for cemeteries; s93 for outside cemeteries). Many of those approvals may be conditional and refusal or imposed conditions must be given in writing (decision notice) (see s38(6)–(10), s87(5)–(9), s138(6)–(9)).\n\n- Creates and requires multiple registers and permanent records to be kept and published or made available to relevant people: registers of cemeteries and burial grounds (s18, s33), burial registers and registers of burials outside cemeteries (s46, s77), registers of exclusive rights of burial (s64) and registers at facilities (s132), and a list of permanent records (s182). Responsible entities must store records electronically and preserve/transfer them on change of control or licence surrender (s183, s182(3), s128, s180).\n\n- Recognises and protects Aboriginal traditional and native title rights in the application and interpretation of the Act (s5). The Act requires consent or consultation with interest holders and Land Councils in many situations (e.g. declarations, burial grounds, burials outside cemeteries) and allows culturally sensitive information to be withheld or redacted from public records (s17(3) note and s66–69, s95).\n\n- Regulates commercial and public actors. The Minister may declare cemeteries and their class (public, community, local, independent) and name responsible entities (s16, s20). Facilities that perform cremation or other prescribed disposals must hold licences (s123–126). Responsible entities (councils, corporations, private operators) have statutory duties to manage, maintain, set policies, charge itemised fees, and make specified information public (see s22–29, s130–136).\n\n- Creates exclusive rights-of-burial rules. Public and independent cemeteries may grant exclusive rights of burial (s50–57). Those rights expire (default 50 years) unless renewed (s53, s61–63). Rights are not transferable (s58) but may be surrendered (s59) with refund policies required (s60).\n\n- Puts in place enforcement tools and inspector powers. Inspectors can enter premises, require documents and answers, and inspect records (s149–160, s156, s160). The Minister can issue enforcement orders, suspend or revoke cemetery/facility operation or licences, and require forwarding of records to archives (s164–181). Offences range from strict‑liability notification breaches to serious penalties (up to imprisonment for operating unlicensed facilities or contravening prohibition notices) (see s124, s141, s146–147, s188).\n\n- Provides dispute and review paths. Parties can use mediation for certain family disputes (s12). The Northern Territory Civil and Administrative Tribunal (NTCAT) can decide senior next of kin disputes, who can make decisions about remains, and may review specified decisions listed in Schedule 1 (s13, s14, s187).\n\nWho is affected\n\n- Families and next of kin: who must be notified or may be decision makers (s10–11, s14).\n- Aboriginal traditional owners, Land Trusts and native title holders: the Act expressly recognises and defers to their rights and requires consent/consultation in many places (s5, s17(3), s31(3), s67(3)–(6), s94(3)).\n- Councils and other responsible entities: statutory managers of cemeteries (s22–24) with duties to maintain records, set policies and publish information (s24, s27, s29).\n- Facility operators and funeral directors: licensing and registration obligations (Part 6 and Part 7); offences and enforcement apply to operators (s123–126, s138–141).\n- Minister, CEO and inspectors: empowered to make declarations, licences, guidelines, inspections and enforcement actions (s16, s123, s149, s164–175, s192–194).\n\nWhy it matters (official aims and practical trade‑offs)\n\n- Official purpose: the Act says it enables different burial and disposal practices, preserves records for families and future generations, recognises Aboriginal customs and regulates cemeteries and facilities (s3).\n\n- Tested against costs, incentives and trade‑offs:\n  - Record keeping and transparency: the statute demands extensive registers and permanent records (s18, s46, s64, s77, s132, s182). That improves traceability and continuity but raises compliance costs for councils, facility operators and the Agency (time, IT systems, archiving obligations, and transfer obligations on licence surrender or responsible‑entity change, see s128, s180, s182(3)).\n  - Licensing and market effects: facilities must be licensed (s123). Fees may be charged but must be itemised (s26, s134). Licensing creates compliance costs and barriers to entry for private providers but also establishes minimum operational standards and an enforcement regime (s124–126, s172–179).\n  - Ownership and secondary markets: exclusive rights of burial are non‑transferable (s58) and time‑limited (default 50 years, s53) with renewal rules (s61–63). That reduces the scope for a secondary market in graves/plots but centralises control and periodic reversion options for managers; grantees retain some private entitlement (s54). There will be future administrative work and potential disputes at renewal.\n  - Cultural protections vs administrative complexity: the Act builds in cultural sensitivity rules allowing redaction of names/locations and special handling of Aboriginal sites (s5, s68, s95). Those protections limit some public disclosure and complicate registration and public mapping of sites. They also necessitate close liaison with Land Councils and native title bodies (s37(3)–(4), s67(3)).\n  - Ministerial and bureaucratic discretion: the Minister and CEO have broad powers (declare/ revoke/ change cemeteries, licence facilities, issue enforcement orders, make guidelines) (s16, s19–21, s123, s164–175, s192–194). That allows adaptability but creates decision points where uncertainty and administrative delay may arise.\n  - Enforcement and penalties: a mixture of strict‑liability offences, summary offences and indictable penalties for breaches of approvals, notifications and operating without licences (e.g. s41, s42, s72–73, s124, s141, s188). This creates strong incentives to comply but raises reputational and legal risk if systems or recordkeeping are poor.\n\nConcrete implementation risks and administrative burdens\n\n- Record migration and IT: responsible entities must keep electronic permanent records and transfer them on change of control; smaller councils or community bodies may need resourcing and training (s183, s182(3)).\n- Remote/Aboriginal areas: burials outside declared sites require consent/notification and engagement with Land Councils; enforcement of standards and timely notification in remote areas may be operationally difficult (s66–67, s37(3)).\n- Discretion and appeals: multiple decision points (licence refusals, enforcement orders, cemetery/class declarations) are reviewable by NTCAT for specified decisions (Schedule 1, s187), so decisions can generate appeals and additional administrative workload.\n\nKey statutory hooks to look at first: objects (s3), Aboriginal recognition (s5), manager/ responsible entity duties (s22–24, s130–131), approval/notification regimes (s38, s66, s87, s138), record keeping (s182–183), enforcement powers (s164–175) and cultural‑sensitivity rules (s68, s95)."},"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":{"_metrics":{"completionTokens":900},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original intended scope. It comprehensively covers burial, cremation, exhumation, and related matters as stated in its objects clause (s 3), without significant expansion into unrelated areas. The detailed provisions for Aboriginal cultural recognition, multiple cemetery classes, and enforcement mechanisms are consistent with the stated purposes rather than scope creep."},"complexity_factors":["Extensive cross-referencing between Parts (e.g., burial approvals in Part 3 reference definitions in Part 1, conditions in Part 8, and review rights in Schedule 1)","Multiple overlapping hierarchies: senior next of kin (s 11), decision makers (s 9), interest holders (s 8), and representatives — each with different roles","Conditional logic throughout: 4 classes of cemeteries with different rules; burials inside vs outside cemeteries vs in burial grounds vs in undeclared areas each trigger different notification/consent requirements","Aboriginal land and native title carve-outs create parallel legal pathways (ss 5, 37(4), 68, 85) that must be read alongside federal legislation","Strict liability offences with 'reasonable excuse' defences scattered across Parts 3, 4, 6, 7, 9, and 11","Transitional provisions (Part 12) preserve old rights temporarily while converting them to new framework — e.g., exclusive burial rights expire 60 years post-commencement (s 202)","12 Schedules and 211 sections with nested Divisions and Subdivisions","Multiple registers required: cemeteries, burial grounds, burials inside cemeteries, burials outside cemeteries, exclusive rights of burial, facilities, disposals — each with different access rules"],"plain_english_summary":"This Act modernises how human remains are buried, cremated and managed in the Northern Territory by creating a unified framework for different cemetery types, allowing burials on undeclared land, and licensing crematoria and disposal facilities. It recognises and protects Aboriginal burial rights and native title, sets a clear decision hierarchy for who may authorise disposal, controls exhumations, permits cemetery closures/park conversions, and gives enforcement powers. It affects families, councils and Aboriginal organisations, funeral operators, landowners and traditional owners."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/burial-and-cremation-act-2022","history":"/api/acts/burial-and-cremation-act-2022/history","analysis":"/api/acts/burial-and-cremation-act-2022/analysis","conflicts":"/api/acts/burial-and-cremation-act-2022/conflicts","importantCases":"/api/acts/burial-and-cremation-act-2022/important-cases","documents":"/api/acts/burial-and-cremation-act-2022/documents"}}