{"id":"burial-and-cremation-regulations-2014","name":"Burial and Cremation Regulations 2014","slug":"burial-and-cremation-regulations-2014","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235257,"registerId":"sa-burial-and-cremation-regulations-2014-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Burial and Cremation Regulations 2014","content":"South Australia\nBurial and Cremation Regulations 2014\nunder the Burial and Cremation Act 2013\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Disposal of human remains\n4\tInterment of bodily remains in prescribed area outside cemetery or natural burial ground (section 8(2)(a)(ii) and (b) of Act)\n4A\tCremation of de-identified bodily remains imported for use by school of anatomy\n5\tBodily remains not to be moved within, or removed from, place of death until identified\n6\tIdentification of bodily remains where identity has not been ascertained\n7\tIdentification of bodily remains to be checked before burial or cremation\n9\tDocuments to be provided before disposal of bodily remains (section 12(2) of Act)\n9A\tPrescribed variations of Act where deceased died as a result of voluntary assisted dying\n10\tCertificate of identification to be forwarded to Registrar\n11\tLift and deepen procedure (section 13(2)(b)(ii) of Act)\n12\tRemoval of bodily remains to ossuary within cemetery (section 13(4)(b) of Act)\n13\tProhibition on giving certificate of cause of death in certain circumstances (section 14 of Act)\n14\tTransport of bodily remains (section 15 of Act)\n15\tDepth of interment\n16\tFilling of sunken interment sites\n17\tInterment of name plate with human remains\n18\tInterment in mausolea and vaults\n19\tPowers of relevant authority in relation to mausolea and vaults\n20\tCoffins\n21\tRemoval and disposal of name plate etc from coffin before cremation\nPart 3—Cemeteries, natural burial grounds and crematoria\n22\tCemetery to be fenced\n23\tDangerous driving\n24\tDrivers to comply with directions of relevant authority\n25\tProhibited activities\n26\tPower of relevant authority in relation to things on interment sites\n27\tPower of relevant authority to require persons to leave cemetery or natural burial ground\n28\tClosure of cemeteries and natural burial grounds (section 24 of Act)\n29\tConversion of closed cemeteries into public parks or gardens (section 26 of Act)\n30\tRenewal of interment rights (section 32 of Act)\n31\tSurrender of interment rights (section 34 of Act)\n32\tExercise or enforcement of interment rights (section 35 of Act)\n33\tRe-use of interment sites (section 38 of Act)\n34\tDisposal of unclaimed memorials (section 42 of Act)\n35\tNeglected cemeteries and natural burial grounds (section 46 of Act)\n36\tRegisters, records and plans to be kept by relevant authorities (section 53 of Act)\nPart 4—Miscellaneous\n38\tApplications for warrants (section 59(6) of Act)\nSchedule 1—Surrender of interment rights\n1\tDetermination of fee that may be deducted from refunds\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Burial and Cremation Regulations 2014.\n3—Interpretation\nIn these regulations—\nAct means the Burial and Cremation Act 2013;\ncertificate of cause of death includes a partial certificate of cause of death as defined in section 12(6) of the Act;\ncertificate of identification means a certificate of identification in a form approved by the Registrar;\nidentification tag means an identification tag of a kind approved by the Registrar;\nossuary means a building or structure designed as a final resting place for human skeletal remains;\nplace includes land or premises;\nreportable death has the same meaning as in the Coroners Act 2003.\nPart 2—Disposal of human remains\n4—Interment of bodily remains in prescribed area outside cemetery or natural burial ground (section 8(2)(a)(ii) and (b) of Act)\n\t(1)\tA person who inters bodily remains in a prescribed area on land outside a cemetery or natural burial ground must ensure that the remains are interred—\n\t(a)\tat a depth of at least 1 metre from the surface of the ground; and\n\t(b)\tat a distance of at least 20 metres from any building, structure or water well on the land.\n\t(2)\tSubregulation (1) does not apply to the interment of bodily remains in a mausoleum or vault in accordance with regulation 18.\n4A—Cremation of de-identified bodily remains imported for use by school of anatomy\n\t(1)\tSection 10(5) of the Act does not apply in relation to an application for a cremation permit authorising the cremation of bodily remains that have been imported from a place outside the State for use by a school of anatomy if—\n\t(a)\tthe application is accompanied by—\n\t(i)\ta detailed description of the remains; and\n\t(ii)\tdetails of the source of the remains, including the name and contact details of the company or institution that provided the remains; and\n\t(iii)\tevidence to the satisfaction of the Registrar that—\n\t(A)\tthe remains consist only of de‑identified bodily remains imported from a place outside the State; and\n\t(B)\tthe school of anatomy is not required to return the remains to their place of origin; and\n\t(C)\tthe school of anatomy is permitted or required to dispose of the remains by cremation; and\n\t(iv)\tconsent in writing to the cremation of the remains given by the school of anatomy seeking to dispose of the remains; and\n\t(v)\ta certificate of identification issued by a medical practitioner who has viewed the remains, certifying that the bodily remains are those of a person whose identity has not been ascertained; and\n\t(b)\tsuch other information or evidence as the Registrar may require to determine the application is provided to the Registrar.\n\t(2)\tIn this regulation—\nschool of anatomy means a school of anatomy established under section 33 of the Transplantation and Anatomy Act 1983.\n5—Bodily remains not to be moved within, or removed from, place of death until identified\n\t(1)\tSubject to this regulation, a funeral director or other person arranging for the disposal of the bodily remains of a deceased person must not move the bodily remains within the place of death, or remove the bodily remains from the place of death, unless—\n\t(a)\ta permanent identification tag on which the full name of the deceased person and the place of his or her death written in indelible ink by—\n\t(i)\tthe medical practitioner who was responsible for the deceased person's medical care immediately before death; or\n\t(ii)\tanother person who personally knew the deceased person; or\n\t(iii)\ta person who is otherwise able to confirm the identity of the deceased person,\nhas been securely attached to the bodily remains in accordance with subregulation (5); and\n\t(b)\tif the person who attached the identification tag to the bodily remains as required by paragraph (a) is a person referred to in paragraph (a)(i) or (ii)—that person has issued a certificate of identification in relation to the remains.\nMaximum penalty: $10 000.\n\t(2)\tA funeral director or other person arranging for the disposal of the bodily remains of a deceased person must, before removing the bodily remains from the place of death, check the certificate of identification (if any) against the identification tag attached to the bodily remains to ensure that the identifying information corresponds.\nMaximum penalty: $10 000.\n\t(3)\tSubregulation (1) or (2) does not apply in the case of a reportable death.\n\t(4)\tBodily remains may be moved within the place of death without compliance with subregulation (1) if it is necessary to do so to prevent a risk to public health or safety or to ensure the security or dignity of the bodily remains.\n\t(5)\tAn identification tag must be attached to—\n\t(a)\tthe left arm of the deceased person; or\n\t(b)\tif attachment to the left arm is not practicable—to the right arm; or\n\t(c)\tif attachment to the right arm is not practicable—to the left leg; or\n\t(d)\tif attachment to the left leg is not practicable—to the right leg; or\n\t(e)\tif attachment to the right leg is not practicable—to some other part of the bodily remains of the deceased person.\n\t(6)\tSubject to subregulation (7), a person must not remove or interfere with an identification tag attached to bodily remains.\nMaximum penalty: $10 000.\n\t(7)\tIf an identification tag that is attached to bodily remains becomes illegible or damaged, the tag may be removed and replaced in the presence of a witness.\n6—Identification of bodily remains where identity has not been ascertained\nFor the purposes of section 12(1) of the Act, if the bodily remains of a deceased person cannot be identified for any reason, a medical practitioner who has viewed the bodily remains may issue a certificate of identification certifying that the bodily remains are those of a person whose identity has not been ascertained.\n7—Identification of bodily remains to be checked before burial or cremation\n\t(1)\tA person must not inter bodily remains, or cause, suffer or permit the interment of bodily remains, unless identifying information on all of the following has been checked and found to correspond:\n\t(a)\tthe certificate of cause of death or disposal authorisation, as the case may be;\n\t(b)\tthe certificate of identification;\n\t(c)\tthe name plate affixed to the coffin or placed on top of the bodily remains, as the case may be.\nMaximum penalty: $10 000.\n\t(2)\tA person must not cremate bodily remains, or cause, suffer or permit the cremation of bodily remains, unless identifying information on all of the following has been checked and found to correspond:\n\t(a)\tthe cremation permit;\n\t(b)\tthe certificate of identification;\n\t(c)\tthe name plate affixed to the coffin.\nMaximum penalty: $10 000.\n\t(3)\tA person must, after checking details as required by subregulation (1) or (2), make and keep a record of the particulars set out in the certificate of identification and the fact that the identification of the bodily remains has been confirmed.\nMaximum penalty: $2 500.\n\t(4)\tIn this regulation—\ndisposal authorisation includes an authorisation to dispose of human remains granted by the Minister or the Registrar under section 12 of the Act.\n9—Documents to be provided before disposal of bodily remains (section 12(2) of Act)\n\t(1)\tThe particulars relating to a partial certificate of cause of death that must be recorded under section 12(2) of the Act are—\n\t(a)\tthe full name of the deceased; and\n\t(b)\tthe date of the death of the deceased; and\n\t(c)\twhether the deceased died of natural causes.\n\t(2)\tThe particulars relating to an authorisation that must be recorded under section 12(2) of the Act are—\n\t(a)\tthe full name of the deceased; and\n\t(b)\tthe date of the death of the deceased; and\n\t(c)\twho issued the authorisation.\n9A—Prescribed variations of Act where deceased died as a result of voluntary assisted dying\nIn a case where a notification is given to the Registrar under section 84(1) of the Voluntary Assisted Dying Act 2021 in relation to a deceased person, the Act applies with the following prescribed variations:\n\t(a)\tsection 10 of the Act applies as if the following words were inserted after \"natural causes\" (wherever occurring):\n, or from accessing voluntary assisted dying under the Voluntary Assisted Dying Act 2021,\n\t(b)\tthe definition of partial in section 12(6) of the Act applies as if the following words were inserted after \"natural causes\" in paragraph (a) of the definition:\nor from accessing voluntary assisted dying under the Voluntary Assisted Dying Act 2021\n10—Certificate of identification to be forwarded to Registrar\nA funeral director or other person who arranges for the disposal of human remains must, within 28 days after the disposal of the remains, forward to the Registrar the certificate of identification relating to the remains.\nMaximum penalty: $1 250.\n11—Lift and deepen procedure (section 13(2)(b)(ii) of Act)\n\t(1)\tSection 13(1)(a) of the Act does not apply if a lift and deepen procedure is carried out at an interment site in a cemetery at which bodily remains were last interred in an air tight and water tight vault and—\n\t(a)\tthe remains are those of a child who at the time of death was not more than 5 years of age and 3 years or more have elapsed since the remains were interred; or\n\t(b)\tthe remains are those of a child who at the time of death was more than 5 years but not more than 10 years of age and 4 years or more have elapsed since the remains were interred; or\n\t(c)\t6 years or more have elapsed since the remains were interred.\n\t(2)\tSection 13(1)(a) of the Act does not apply if a lift and deepen procedure is carried out at an interment site in a cemetery or natural burial ground at which bodily remains were last interred other than in an air tight and water tight vault and—\n\t(a)\tthe remains are those of a child who at the time of death was not more than 5 years of age and 18 months or more have elapsed since the remains were interred; or\n\t(b)\tthe remains are those of a child who at the time of death was more than 5 years but not more than 10 years of age and 2 years or more have elapsed since the remains were interred; or\n\t(c)\t3 years or more have elapsed since the remains were interred.\n12—Removal of bodily remains to ossuary within cemetery (section 13(4)(b) of Act)\n\t(1)\tIf—\n\t(a)\tan interment right relating to an interment site in a cemetery has expired; and\n\t(b)\tthe interment site is opened for re‑use of the site; and\n\t(c)\tthe bodily remains of a deceased person are found in the interment site; and\n\t(d)\tthere is an ossuary in the cemetery; and\n\t(e)\tthe remains cannot be re‑interred at a greater depth or a request to remove the remains to the ossuary is made by the former holder of the interment right or a relative of the deceased person,\nthe relevant authority for the cemetery must ensure that the remains are placed in a box or other container labelled with the deceased's full name and date of death and stored in the ossuary.\n\t(2)\tIf a relevant authority acts under subregulation (1), the relevant authority must, within 14 days after the bodily remains are removed to an ossuary, give the Attorney‑General and the Registrar written notice of that fact and of the location of the remains within the ossuary.\nMaximum penalty: $1 250.\n13—Prohibition on giving certificate of cause of death in certain circumstances (section 14 of Act)\nFor the purposes of section 14(3)(c) of the Act, if a medical practitioner gives a certificate of death in relation to a death that occurred outside Metropolitan Adelaide and in circumstances in which no other medical practitioner was reasonably available, within 24 hours after the death, to give the certificate, the medical practitioner must—\n\t(a)\tattach to the certificate of cause of death a statutory declaration made by the medical practitioner setting out—\n\t(i)\tdetails of—\n\t(A)\tany pecuniary or proprietary interest of the medical practitioner or his or her spouse or domestic partner in the hospital, nursing home or aged care facility where the person died; or\n\t(B)\tany pecuniary or proprietary interest of the medical practitioner or his or her spouse or domestic partner in the death of the person under a policy of life insurance or superannuation; or\n\t(C)\tany entitlement of the medical practitioner or his or her spouse or domestic partner to a benefit in the form of property under a will or intestate distribution,\nas the case may be; and\n\t(ii)\ta statement that no other medical practitioner was reasonably available, within 24 hours after the death, to give the certificate; and\n\t(iii)\ta statement that the medical practitioner considered it appropriate or necessary to give the certificate of cause of death and the reasons why he or she considered it appropriate or necessary; and\n\t(b)\tsend a copy of the statutory declaration to the Registrar and the Coroner within 24 hours after making the statutory declaration.\n14—Transport of bodily remains (section 15 of Act)\n\t(1)\tA person must not transport, or cause, suffer or permit the transportation of, bodily remains within a cemetery or natural burial ground unless—\n\t(a)\tthe remains are contained in a coffin or other rigid container from which no bodily discharges, contaminants or infectious substances may escape; or\n\t(b)\tthe remains are—\n\t(i)\taffixed or otherwise secured to a rigid base to prevent movement; and\n\t(ii)\tcontained within a shroud or other wrapping from which no bodily discharges, contaminants or infectious substances may escape.\n\t(2)\tA person must not transport, or cause, suffer or permit the transportation of, bodily remains in a vehicle unless—\n\t(a)\tthe remains are secured or restrained against movement within the vehicle; and\n\t(b)\tthe remains—\n\t(i)\tare kept in a compartment that—\n\t(A)\tis physically separate from a part of the vehicle designed for the carriage of the driver and passengers; and\n\t(B)\tis capable of being easily cleaned and disinfected; or\n\t(ii)\tare contained in a coffin, shroud or other container or wrapping from which no bodily discharges, contaminants or infectious substances may escape.\n15—Depth of interment\n\t(1)\tA person must not inter, or cause, suffer or permit the interment of, bodily remains in a cemetery or natural burial ground so that any of the remains are at a depth of less than 1 metre from the surface of the ground.\nMaximum penalty: $5 000.\n\t(2)\tSubregulation (1) does not apply to the interment of bodily remains in a mausoleum or vault in accordance with regulation 18.\n16—Filling of sunken interment sites\nIf the surface of an interment site in a cemetery or natural burial ground sinks below the level of the natural surface of the ground, the relevant authority for the cemetery or natural burial ground may cause the site to be filled up to that level.\n17—Interment of name plate with human remains\n\t(1)\tA person must not inter, or cause, suffer or permit the interment of, bodily remains in a cemetery or natural burial ground unless a name plate made of a durable material with the surname, at least 1 given name and the date of the death of the deceased engraved, printed or stamped on it in a manner approved by the designated Minister is—\n\t(a)\tin the case of remains interred in a coffin—affixed to the coffin; or\n\t(b)\tin the case of remains interred without a coffin—placed on top of the remains.\nMaximum penalty: $2 500.\n\t(2)\tA person must not inter, or cause, suffer or permit the interment of, cremated remains in a cemetery or natural burial ground unless a name plate made of a durable material with the surname, at least 1 given name and the date of the death of the deceased engraved, printed or stamped on it in a manner approved by the relevant authority for the cemetery or natural burial ground is affixed to the outside of, or placed within, the receptacle that contains the remains.\nMaximum penalty: $2 500.\n\t(3)\tSubregulation (2) does not apply in relation to the interment of cremated remains in the earth without a container.\n18—Interment in mausolea and vaults\n\t(1)\tA person must not inter, or cause, suffer or permit the interment of, bodily remains in a mausoleum or vault in a cemetery unless—\n\t(a)\tthe mausoleum or vault is constructed of brick, stone, concrete or other material approved by the relevant authority for the cemetery; and\n\t(b)\tsubject to subregulations (2) and (3), the mausoleum or vault is air tight; and\n\t(c)\tsubject to subregulations (4) and (5), the mausoleum or vault is water tight; and\n\t(d)\tin the case of a vault—no part of the vault (excluding any memorial attached to the vault) is more than 150 millimetres above the surface of the ground.\nMaximum penalty: $5 000.\n\t(2)\tA mausoleum or vault may have a vent if—\n\t(a)\tthe vent is insect and vermin proof; and\n\t(b)\tthe vent—\n\t(i)\tis equipped with a filter; or\n\t(ii)\tterminates at least 1 metre below the surface of the ground,\nso as to prevent the discharge of any offensive odours or noxious gases into the atmosphere.\n\t(3)\tA vault must, unless it is air tight or has a vent that complies with subregulation (2), be impervious to air for at least 1 metre below the natural surface of the ground.\n\t(4)\tA mausoleum or vault may have a drain if—\n\t(a)\tthe drain is insect and vermin proof; and\n\t(b)\tthe drain terminates—\n\t(i)\tin the case of a drain for a mausoleum—at least 1 metre below the lowest part of the mausoleum; or\n\t(ii)\tin the case of a vault—at least 1 metre below the surface of the ground.\n\t(5)\tA person who inters, or arranges for the interment of, bodily remains in a mausoleum or vault in a cemetery must ensure that the opening of the mausoleum or vault is sealed to the satisfaction of the relevant authority for the cemetery as soon as practicable after the interment.\nMaximum penalty: $5 000.\n\t(6)\tA mausoleum or vault must be sealed so that the opening is at all times air tight, water tight and secure against unauthorised access.\n19—Powers of relevant authority in relation to mausolea and vaults\n\t(1)\tIf the relevant authority for a cemetery suspects on reasonable grounds that—\n\t(a)\ta mausoleum or vault in the cemetery does not comply with these regulations; or\n\t(b)\toffensive odours or noxious gases or fluids have escaped or are escaping from a mausoleum or vault in the cemetery,\nthe relevant authority may open the mausoleum or vault and inspect it.\n\t(2)\tIf, after inspecting a mausoleum or vault, the relevant authority is satisfied that—\n\t(a)\tthe mausoleum or vault does not comply with these regulations; or\n\t(b)\toffensive odours or noxious gases or fluids have escaped or are escaping from the mausoleum or vault,\nthe relevant authority may, by notice in writing to a person who holds an interment right in force in relation to that mausoleum or vault or who is, under such an interment right, entitled to have his or her remains interred in that mausoleum or vault, require the person to take specified remedial action within a reasonable period specified in the notice.\n\t(3)\tIf a person refuses or fails to comply with a notice under subregulation (2), the relevant authority may cause the work to be carried out and recover the costs as a debt from the person.\n20—Coffins\n\t(1)\tA funeral director or other person arranging for the disposal of bodily remains must ensure that the coffin to be used—\n\t(a)\tsubject to subregulation (2), is lined internally with impervious material that is at least 100 µm thick and of such a nature as to prevent the escape of bodily fluids, contaminants or infectious substances from the coffin; and\n\t(b)\tis constructed so that it will not distort or collapse on being subjected to the kind of handling to which a coffin is likely to be subjected during the normal course of events leading up to interment or cremation (including handling when damp); and\n\t(c)\tin the case of a coffin to be used for a cremation—\n\t(i)\tis constructed of timber or material derived from timber that will not release organochlorines during incineration in a crematorium; and\n\t(ii)\tdoes not have cross pieces projecting from its base; and\n\t(iii)\tsubject to subregulation (3), contains only material suitable for combustion in the course of a cremation; and\n\t(iv)\tbears a name plate or inscription stating the surname, at least 1 given name and the date of the death of the deceased whose remains are to be cremated in the coffin.\nMaximum penalty: $5 000.\n\t(2)\tA coffin need not be lined with impervious material in accordance with subregulation (1)(a)—\n\t(a)\tif the coffin is to be used for the burial of bodily remains in accordance with the usages of a culture or religion that does not permit the use of such impervious material; or\n\t(b)\tif the bodily remains, when placed in the coffin, are completely enclosed in a bag made of impervious material at least 100 µm thick and the bag is effectively sealed so as to prevent leakage of bodily fluids from the bodily remains into the coffin.\n\t(3)\tMaterials that are not suitable for combustion in the course of a cremation may be used on the exterior of a coffin if they can be removed easily prior to cremation.\n21—Removal and disposal of name plate etc from coffin before cremation\n\t(1)\tA relevant authority for a crematorium may dispose of—\n\t(a)\ta name plate, metal or plastic fitting or any other object removed before cremation from the exterior of a coffin containing the bodily remains of a deceased person; or\n\t(b)\tany other thing that comes into the possession of the relevant authority as a result of a cremation.\n\t(2)\tHowever, a relevant authority for a crematorium must not dispose of a name plate removed from a coffin before a cremation unless—\n\t(a)\tthe holder of the relevant cremation permit, or a person authorised in writing by that person, has not claimed the name plate; and\n\t(b)\tmore than 14 days have elapsed since the cremation took place.\n\t(3)\tA relevant authority for a crematorium must ensure that a name plate removed from a coffin before a cremation is only given to a person referred to in subregulation (2)(a).\nMaximum penalty: $2 500.\nPart 3—Cemeteries, natural burial grounds and crematoria\n22—Cemetery to be fenced\nThe relevant authority for a cemetery or natural burial ground must ensure that the cemetery or natural burial ground is securely fenced at all times.\nMaximum penalty: $2 500.\n23—Dangerous driving\nA person must not drive a motor vehicle within a cemetery or natural burial ground in a dangerous or careless manner or without reasonable consideration for others.\nMaximum penalty: $2 500.\n24—Drivers to comply with directions of relevant authority\n\t(1)\tA person must, while in charge of a motor vehicle within a cemetery or natural burial ground, comply with any lawful directions of the relevant authority for the cemetery or natural burial ground as to the driving of vehicles.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tA person must, while in charge of a motor vehicle within a cemetery or natural burial ground, comply with any lawful directions of the relevant authority for the cemetery or natural burial ground as to the parking of vehicles.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n25—Prohibited activities\nA person must not, without lawful authority, remove, damage, deface or interfere with—\n\t(a)\ta building, memorial or other fixture or structure in a cemetery or natural burial ground; or\n\t(b)\ta part of the grounds of a cemetery or natural burial ground, including a tree, shrub, plant, flower or lawn, or a stake or label on or near such a thing.\nMaximum penalty: $5 000.\n26—Power of relevant authority in relation to things on interment sites\nThe relevant authority for a cemetery or natural burial ground may—\n\t(a)\tcause to be removed from an interment site in the cemetery or natural burial ground any unattached ornament, empty flower container, broken masonry, decayed or broken wreath or dead flowers; and\n\t(b)\tcause to be pruned, cut down or removed any plant on an interment site in the cemetery or natural burial ground that is, in the opinion of the relevant authority, unsightly or overgrown.\n27—Power of relevant authority to require persons to leave cemetery or natural burial ground\n\t(1)\tIf the relevant authority for a cemetery or natural burial ground has reason to suspect that a person has committed, is committing or is about to commit an offence in the cemetery or natural burial ground, the relevant authority may require the person to leave the cemetery or natural burial ground.\n\t(2)\tA person must not fail or refuse to comply with a requirement of a relevant authority under subregulation (1).\nMaximum penalty: $1 250.\n28—Closure of cemeteries and natural burial grounds (section 24 of Act)\nA notice under section 24(3) of the Act must contain the following information:\n\t(a)\tthe date of the proposed closure of the cemetery or natural burial ground;\n\t(b)\tthe reasons for the proposed closure of the cemetery or natural burial ground;\n\t(c)\tthe rights (under section 24(8) of the Act) of holders of unexercised interment rights in respect of interment sites in the cemetery or natural burial ground proposed to be closed;\n\t(d)\tthe rights (under section 24(9) of the Act) of holders of exercised interment rights in respect of interment sites in the cemetery or natural burial ground to be closed.\n29—Conversion of closed cemeteries into public parks or gardens (section 26 of Act)\nA notice under section 26(3) of the Act must contain the following information:\n\t(a)\tthe date of the proposed conversion of the closed cemetery;\n\t(b)\tthe reasons for the proposed conversion of the closed cemetery;\n\t(c)\tthe rights (under section 26(6) of the Act) of the relevant authority to remove, relocate and replace memorials.\n30—Renewal of interment rights (section 32 of Act)\nA notice under section 32(2)(c) of the Act must inform the holder of the interment right of the following matters:\n\t(a)\tthat if the interment right is not renewed, the relevant authority is entitled to re‑use the interment site under section 38 of the Act;\n\t(b)\tthe cost of renewing the interment right.\n31—Surrender of interment rights (section 34 of Act)\nThe fee that may be deducted by a relevant authority from a refund under section 34(2) of the Act on the surrender of an interment right is an amount to be determined in accordance with Schedule 1.\n32—Exercise or enforcement of interment rights (section 35 of Act)\nIf the holder of an interment right has died, the interment right may be exercised or enforced under section 35(1)(b) of the Act—\n\t(a)\tby the spouse or domestic partner of the deceased interment right holder; or\n\t(b)\tif there is no surviving spouse or domestic partner—by the eldest living relative of the deceased interment right holder in the following descending order of priority:\n\t(i)\ta child;\n\t(ii)\ta grandchild or great‑grandchild;\n\t(iii)\ta brother or sister;\n\t(iv)\ta parent;\n\t(v)\ta grandparent;\n\t(vi)\tan aunt or uncle;\n\t(vii)\ta nephew or niece;\n\t(viii)\ta cousin;\n\t(ix)\tany other blood relative.\n33—Re-use of interment sites (section 38 of Act)\nA notice under section 38(2)(b) of the Act must inform the personal representative or relative of the deceased that the relevant authority may re‑use an interment site if the interment right relating to the site has expired and—\n\t(a)\tthe personal representative or relative of the deceased has informed the relevant authority that there is no objection on the part of the relatives to the re‑use of the interment site; or\n\t(b)\tthe interment right is not renewed within 2 years from the date on which the notice is given.\n34—Disposal of unclaimed memorials (section 42 of Act)\nA record kept under section 42(2) of the Act relating to a memorial that has been disposed of by a relevant authority must include—\n\t(a)\ta digital photograph of the memorial that shows—\n\t(i)\tany inscription on the memorial; and\n\t(ii)\tthe design of the memorial; and\n\t(b)\tparticulars of the previous location of the memorial within the cemetery or natural burial ground; and\n\t(c)\tif it is not evident from the digital photograph—details of the materials from which the memorial was made.\n35—Neglected cemeteries and natural burial grounds (section 46 of Act)\nA notice under section 46(1) of the Act must specify a period of not less than 28 days from the day on which the notice is given.\n36—Registers, records and plans to be kept by relevant authorities (section 53 of Act)\n\t(1)\tA register under section 53(1)(b)(i) of the Act must include the following particulars in relation to each interment right issued by the relevant authority:\n\t(a)\tthe full name and address of the holder of the interment right;\n\t(b)\tif the interment right identifies the person or persons whose remains may be interred pursuant to the interment right—the full names of the persons;\n\t(c)\tif the interment right identifies the site at which remains may be interred pursuant to the interment right—the location of the interment site;\n\t(d)\tthe period for which the interment right has been issued.\n\t(2)\tA register under section 53(1)(b)(ii) of the Act must include the following particulars in relation to each memorial erected in a cemetery:\n\t(a)\tthe size of the memorial;\n\t(b)\tthe type of memorial;\n\t(c)\tthe name or names inscribed on the memorial;\n\t(d)\tany epitaphs and other inscriptions on the memorial;\n\t(e)\tthe location of the memorial in the cemetery.\n\t(3)\tA register under section 53(1)(b)(iii) of the Act must include the following particulars in relation to each interment or re‑interment in the cemetery or natural burial ground:\n\t(a)\tthe name of the deceased person whose remains are interred;\n\t(b)\tthe age of the deceased person at the date of his or her death;\n\t(c)\tthe address of the last place of residence of the deceased person before his or her death;\n\t(d)\tthe date on which the interment or re‑interment took place;\n\t(e)\tthe location of the interment site and the number (if any) allocated to the interment site;\n\t(f)\twhether the remains interred or re‑interred were bodily remains or cremated remains;\n\t(g)\tin the case of bodily remains—\n\t(i)\twhether the remains were interred or re‑interred in a coffin, other receptacle or in a shroud only; and\n\t(ii)\twhether the remains were interred or re‑interred within a mausoleum or vault; and\n\t(iii)\tthe depth at which the remains were interred or re‑interred;\n\t(h)\tin the case of cremated remains—whether the remains were interred or re‑interred in a cinerary urn or other container or directly in the earth;\n\t(i)\tin the case of remains interred or re‑interred in a mausoleum or vault—\n\t(i)\tthe location of the mausoleum or vault in the cemetery; and\n\t(ii)\tif the remains were interred in a mausoleum or vault with more than 1 compartment—the compartment in which the remains were interred; and\n\t(iii)\tif the remains were interred in a vault—\n\t(A)\tthe number allocated to the vault site; and\n\t(B)\tthe depth of cover between the highest part of the vault and the surface of the ground.\n\t(4)\tA record under section 53(3) of the Act kept by a relevant authority for a crematorium must include the following particulars in relation to each cremation that takes place at the crematorium:\n\t(a)\tthe name and gender of the deceased person whose bodily remains were cremated;\n\t(b)\tthe age of the deceased person at the date of his or her death;\n\t(c)\tthe particulars set out on the certificate of identification relating to the deceased person whose bodily remains were cremated;\n\t(d)\tthe full name and address of the person to whom the cremation permit was issued;\n\t(e)\tthe date on which the cremation took place;\n\t(f)\tthe date on which the cremated remains were collected and the identity of the person who collected them;\n\t(g)\tif known to the relevant authority—the manner of disposition of the cremated remains.\n\t(5)\tSection 53(4) of the Act does not apply in relation to the particulars referred to in subregulations (1)(a), (3)(c) and (4)(d).\nPart 4—Miscellaneous\n38—Applications for warrants (section 59(6) of Act)\n\t(1)\tThe grounds of an application for a warrant under section 59 of the Act made personally must be verified by affidavit.\n\t(2)\tIf an application for the issue of a warrant under section 59 of the Act is made by telephone—\n\t(a)\tthe applicant must inform the magistrate of the applicant's name and identify the position that he or she holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and\n\t(c)\tif it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and\n\t(e)\tthe warrant is taken to have been issued, and comes into force, when signed by the magistrate; and\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant; and\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\nSchedule 1—Surrender of interment rights\n1—Determination of fee that may be deducted from refunds\n\t(1)\tThe fee that may be deducted by a relevant authority from a refund under section 34(2) of the Act on the surrender of an interment right issued for a specified term is an amount to be determined in accordance with the following formula:\n\nWhere—\nA is the current fee payable for an interment right of the same kind\nB is 75% of the current fee payable for an interment right of the same kind\nC is the number of years for which the interment right was issued\nD is the number of full years in the unexpired portion of the period for which the interment right was issued (but if the number of full years in the unexpired portion of the period for which the interment right was issued is more than 30 years, the unexpired portion of that period must be taken to be 30 years).\n\t(2)\tThe fee that may be deducted by a relevant authority from a refund under section 34(2) of the Act on the surrender of an interment right issued in perpetuity is an amount to be determined in accordance with the following table:\n\nNumber of years expired since the interment right was issued\nMaximum percentage of the current fee for an interment right that may be deducted for costs at date of surrender\n1\n25.00\n2\n27.24\n3\n29.48\n4\n31.72\n5\n33.97\n6\n36.21\n7\n38.45\n8\n40.69\n9\n42.93\n10\n45.17\n11\n47.41\n12\n49.66\n13\n51.90\n14\n54.14\n15\n56.38\n16\n58.62\n17\n60.86\n18\n63.10\n19\n65.34\n20\n67.59\n21\n69.83\n22\n72.07\n23\n74.31\n24\n76.55\n25\n78.79\n26\n81.03\n27\n83.28\n28\n85.52\n29\n87.76\n30\n90.00\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2014\n5\nGazette 16.1.2014 p156\n1.2.2014 except r 36—1.8.2014: r 2\n2014\n153\nGazette 19.6.2014 p2696\n1.7.2014: r 2\n2015\n12\nGazette 19.2.2015 p808\n1.4.2015: r 2\n2015\n144\nGazette 18.6.2015 p2770\n1.7.2015: r 2\n2016\n115\nGazette 23.6.2016 p2306\n1.7.2016: r 2\n2017\n130\nGazette 22.6.2017 p2348\n1.7.2017: r 2\n2017\n296\nGazette 24.10.2017 p4419\n24.10.2017: r 2\n2018\n141\nGazette 21.6.2018 p2384\n1.7.2018: r 2\n2019\n78\nGazette 13.6.2019 p1876\n1.7.2019: r 2\n2020\n96\nGazette 4.6.2020 p2902\n1.7.2020: r 2\n2021\n170\nGazette 18.11.2021 p4037\n1.1.2022: r 2\n2023\n5\nGazette 15.2.2023 p361\n15.2.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.4.2015\nPt 2\n\n\nr 4A\ninserted by 296/2017 r 4\n24.10.2017\nr 8\ndeleted by 12/2015 r 4\n1.4.2015\nr 9A\ninserted by 5/2023 r 3\n15.2.2023\nPt 4\n\n\nr 37\ndeleted by 96/2020 r 4\n1.7.2020\nSch 1\nsubstituted by 170/2021 r 4\n1.1.2022\nSch 2\nsubstituted by 153/2014 r 4\n1.7.2014\n\nsubstituted by 144/2015 r 4\n1.7.2015\n\nvaried by 115/2016 r 4(1), (2)\n1.7.2016\n\nvaried by 130/2017 r 4(1), (2)\n1.7.2017\n\nvaried by 141/2018 r 4(1), (2)\n1.7.2018\n\nvaried by 78/2019 r 4(1), (2)\n1.7.2019\n\ndeleted by 96/2020 r 5\n1.7.2020\nHistorical versions\n1.7.2014\n\n1.8.2014\n\n1.4.2015\n\n1.7.2015\n\n1.7.2016\n\n1.7.2017\n\n24.10.2017\n\n1.7.2018\n\n1.7.2019\n\n1.7.2020\n\n1.1.2022\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations' scope has been expanded and clarified by later amendments. Notable changes: regulation 4A (inserted 2017) creates a bespoke cremation‑permit route for de‑identified remains imported for use by schools of anatomy (with Registrar evidence requirements); regulation 9A (inserted 2023) prescribes variations where death followed voluntary assisted dying; Schedule 1 was substituted (2021) introducing a new formula/table for deduction from surrender refunds. Legislative history lists multiple variations affecting fees, records and operational rules."},"complexity_factors":["Detailed, prescriptive technical requirements (interment depths, distances, coffin linings, mausoleum/vault air‑ and water‑tight standards) creating operational compliance tasks (regs 4, 15, 18, 20).","Strict identification and documentation regime with high penalties for failures—identification tags, certificates, cross‑checks before burial/cremation and record retention (regs 5, 6, 7, 10; max penalties up to $10,000).","Registrar discretion in permit decisions and evidence requirements (reg 4A requires Registrar satisfaction and may request additional evidence).","Multiple enforcement and operational powers granted to 'relevant authorities' (inspection, requiring remedial work, removal of items, closure notices, requiring persons to leave) with cost recovery (regs 19, 26, 27, 28).","Extensive recordkeeping and register particulars for interment rights, memorials and cremations with differing requirements and exceptions (reg 36; reg 34 for disposed memorials; reg 36(4) exceptions).","Interplay and cross‑references with other Acts (Coroners Act 2003, Transplantation and Anatomy Act 1983, Voluntary Assisted Dying Act 2021 via reg 9A) increasing legal complexity and trigger points.","Financial complexity from the surrender/refund deduction formula and table in Schedule 1 (mathematical formula plus 30‑year cap and graduated percentage table).","Procedural complexity for urgent warrants (telephone application rules, affidavits) adding evidentiary and timing constraints (reg 38).","Varied penalty and expiation regimes across provisions (range of fines and expiation fees), increasing enforcement calibration requirements.","Frequent amendments in legislative history mean operators must track changes to practical obligations (multiple variations noted in the history)."],"plain_english_summary":"These regulations set technical rules for handling human remains in South Australia—identification, transport, coffins, mausolea, interment depth/spacing, cremation permits, cemetery operations and recordkeeping—and attach penalties for non‑compliance. They vest decision and enforcement powers in the Registrar and relevant cemetery authorities and require documentary checks and registers.\n\nWhile presented as protecting public health and correct identification, the measures impose compliance costs on funeral directors, cemeteries and families, create administrative discretion (Registrar, relevant authority) and alter refund/deduction outcomes for surrendered interment rights."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the actual legislative text was not retrievable. The document provided is a 'Page Not Found' error from the South Australian legislation website, containing no substantive legal content to evaluate against any original intent."},"complexity_factors":["No legislative content was actually provided — the source document is a website error page, not the legislation itself","Unable to assess true complexity of the underlying regulations without the text","Score of 1 reflects the simplicity of what was actually analysed (a 404 error page), not the regulations themselves"],"plain_english_summary":"The Burial and Cremation Regulations 2014 are subordinate South Australian rules that set practical requirements for authorising and conducting burials and cremations—typically covering who may authorise, record‑keeping by funeral, cemetery and crematorium operators, cremation standards, fees, documentation and exhumation rules. They affect funeral directors, cemetery/crematorium operators, families arranging funerals and public health authorities.\n\nNo text was provided for analysis: the supplied link returned a “Page Not Found.” Search the SA legislation site directly for the regulations."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have expanded beyond traditional burial and cremation administration to incorporate modern medical and social developments. The 2023 amendment (regulation 9A) added provisions for voluntary assisted dying, integrating with the Voluntary Assisted Dying Act 2021. The 2017 amendment (regulation 4A) created a specific regime for cremating de-identified anatomical specimens imported for medical education. These additions reflect an evolution from simple cemetery management to complex bioethical regulation involving end-of-life choices and medical research materials."},"complexity_factors":["Multiple cross-references to the parent Act (Burial and Cremation Act 2013) requiring simultaneous reading","Nested conditional logic in regulations 11 and 12 with multiple age-based and time-based thresholds","Mathematical formula in Schedule 1 for calculating surrender fees with defined variables","Detailed technical specifications for mausolea/vaults (regulation 18) including measurements in millimetres and micrometres","Hierarchical priority list for exercising interment rights (regulation 32) with 9 categories of relatives","Multiple exceptions to exceptions (e.g., regulation 20(2)(a) and (b) creating exemptions to the lining requirement)","Integration with external legislation (Voluntary Assisted Dying Act 2021, Coroners Act 2003, Transplantation and Anatomy Act 1983)","Specific procedural requirements for telephone warrant applications (regulation 38) with 7 sub-paragraphs of steps"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how human remains must be handled, buried, cremated, and managed in South Australia. They work alongside the Burial and Cremation Act 2013 to ensure dignity, public health, and proper record-keeping.\n\n**Key areas covered:**\n\n*   **Handling remains:** Strict identification procedures must be followed before moving, burying, or cremating a body. This includes attaching ID tags and checking certificates to prevent mix-ups.\n*   **Burial requirements:** Rules about how deep graves must be (at least 1 metre), what coffins must be made of, and requirements for name plates on coffins and graves.\n*   **Cremation:** Special rules for cremating unidentified remains imported for medical schools, and requirements for coffin materials (no toxic chemicals when burned).\n*   **Cemetery management:** Requirements for fencing, maintenance, and keeping detailed registers of who is buried where. Includes rules about re-using old graves after certain time periods.\n*   **Mausoleums and vaults:** Technical specifications ensuring they are airtight and watertight to prevent smells or leaks.\n*   **Voluntary assisted dying:** Special provisions added in 2023 to accommodate deaths under the Voluntary Assisted Dying Act 2021.\n\n**Who it affects:**\n\nFuneral directors, cemetery operators, crematorium staff, medical practitioners, and anyone arranging a burial or cremation in South Australia.\n\n**Why it matters:**\n\nThese rules protect public health (preventing contamination), ensure respectful treatment of the dead, prevent identity errors, and give families certainty about burial rights and cemetery maintenance."}},"importantCases":[],"_links":{"self":"/api/acts/burial-and-cremation-regulations-2014","history":"/api/acts/burial-and-cremation-regulations-2014/history","analysis":"/api/acts/burial-and-cremation-regulations-2014/analysis","conflicts":"/api/acts/burial-and-cremation-regulations-2014/conflicts","importantCases":"/api/acts/burial-and-cremation-regulations-2014/important-cases","documents":"/api/acts/burial-and-cremation-regulations-2014/documents"}}