{"id":"burial-and-cremation-regulations-2022","name":"BURIAL AND CREMATION REGULATIONS 2022","slug":"burial-and-cremation-regulations-2022","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174356,"registerId":"nt-burial-and-cremation-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"BURIAL AND CREMATION REGULATIONS 2022","content":"NORTHERN TERRITORY OF AUSTRALIA\nBURIAL AND CREMATION REGULATIONS 2022\nAs in force at 28 November 2022\nTable of provisions\n1 Title .................................................................................................. 1\n2 Commencement .............................................................................. 1\n3 Definition.......................................................................................... 1\n4 Changing details of cemetery .......................................................... 1\n5 Restrictions on location of burial in undeclared area ....................... 1\n6 Declaration of structure ................................................................... 3\n7 Requirement to consult before granting licence to operate\nfacility in relation to alkaline hydrolysis ............................................ 3\n8 Alkaline hydrolysis ........................................................................... 4\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 28 November 2022\n____________________\nBURIAL AND CREMATION REGULATIONS 2022\nRegulations under the Burial and Cremation Act 2022\n1 Title\nThese Regulations may be cited as the Burial and Cremation\nRegulations 2022.\n2 Commencement\nThese Regulations commence on the commencement of\nsection 195 of the Burial and Cremation Act 2022.\n3 Definition\nIn these Regulations:\nalkaline hydrolysis means the process specified in regulation 8(2).\n4 Changing details of cemetery\nFor section 19(2)(a) of the Act, before changing the location of a\ncemetery, the Minister must have regard to whether any human\nremains that are buried in the cemetery will no longer be part of the\narea of land of the cemetery if the location of the cemetery is\nchanged.\n5 Restrictions on location of burial in undeclared area\n(1) For section 37(2) of the Act, the following restrictions on the\nlocation of a burial in an undeclared area are prescribed:\n(a) the proposed burial site must be located on a parcel of land\nthat is at least 5 ha in area;\n(b) the proposed burial site must be at least 100 m away from any\noccupied building;\n(c) subject to subregulation (2), the proposed burial site must not\nbe located on land used for public infrastructure, including the\nland used for an extraction area;\n\nBurial and Cremation Regulations 2022 2\n(d) the proposed burial site must be at least 100 m away from a\nbore that is not decommissioned;\n(e) the proposed burial site must not be within the vicinity of an\narea of land in which a wastewater management system is\ninstalled, including the land application area;\n(f) the proposed burial site must be at least 100 m away from any\nbody of water;\n(g) the proposed burial site must not be located on land that is\nsubject to a floodway;\n(h) the proposed burial site must not be located on land that is\nzoned M (Main Road), PM (Proposed Main Road),\nRW (Railway), U (Utilities), FD (Future Development),\nDV (Development) or WM (Water Management) under a\nplanning scheme as defined in the Planning Act 1999.\n(2) Despite subregulation (1)(c), a proposed burial site is taken to not\nbe located on land used for a road if:\n(a) the proposed burial site is located on unzoned land; and\n(b) the proposed burial site is:\n(i) located 100 m away from the centre of the road; and\n(ii) not within a road reserve.\n(3) Subregulation (1) does not apply to an interment in a structure.\n(4) In this regulation:\ndecommissioned, in relation to a bore, has the same meaning as\nin the \"Minimum Construction Requirements for Water Bores in\nAustralia\", published by the National Uniform Drillers Licensing\nCommittee, as amended from time to time.\nextraction area has the same meaning as in the \"Standard\nSpecification for Roadworks\", published by the Department of\nInfrastructure, Planning and Logistics, as amended from time to\ntime.\nfloodway means areas of a floodplain where a significant\ndischarge of water occurs during floods.\n\nBurial and Cremation Regulations 2022 3\nland application area has the same meaning as in the \"Code of\nPractice for Wastewater Management\", published by the\nDepartment of Health and approved by the Chief Health Officer on\n4 November 2020, as amended from time to time.\npublic infrastructure means infrastructure for the public or for use\nby the public.\nExamples for definition public infrastructure\nRoads, dams, bridges, recreational spaces and corridors for infrastructure,\ntransport and utilities.\nunzoned land means land that is not covered by a zone under a\nplanning scheme as defined in the Planning Act 1999.\nwastewater management system, see regulation 69 of the Public\nand Environmental Health Regulations 2014.\n6 Declaration of structure\nFor section 85 of the Act, before declaring a structure or class of\nstructure for the interment of human remains under section 83 of\nthe Act, the Minister must have regard to the following:\n(a) any plan for the structure or class of structure prepared by the\nperson who, or entity that, will have responsibility for\nmanaging and controlling the structure or class of structure;\n(b) whether the plan referred to in paragraph (a) includes\nadequate information in relation to the following:\n(i) the layout of the structure or class of structure that\nidentifies any portion of the structure or class of structure\nfor specific use;\n(ii) the location of each burial site in the structure or class of\nstructure.\n7 Requirement to consult before granting licence to operate\nfacility in relation to alkaline hydrolysis\nBefore the Minister grants a licence to operate a facility under\nsection 123(1) of the Act, the Minister must consult the following if\nthe facility intends to make alkaline hydrolysis available at the\nfacility:\n(a) the Chief Health Officer for any environmental and public\nhealth matter in relation to undertaking alkaline hydrolysis at\nthe facility;\n\nBurial and Cremation Regulations 2022 4\n(b) the licensee for the relevant sewerage services licence area\nunder the Water Supply and Sewerage Services Act 2000 to\nconfirm whether the facility can operate within the guidelines\nof the Trade Waste Code in relation to undertaking alkaline\nhydrolysis at the facility.\n8 Alkaline hydrolysis\n(1) For section 137(b) of the Act, alkaline hydrolysis is prescribed as a\nprocess for the disposal of human remains.\n(2) The process of disposing human remains by alkaline hydrolysis\nmust involve:\n(a) placing the human remains in a solution of water and alkali in\na purpose-built pressurised chamber; and\n(b) heating the chamber to a temperature in order to:\n(i) destroy all microbes in the chamber; and\n(ii) completely reduce the human remains to liquid and ash.\nNote for regulation 8\nIt is an offence against section 188 of the Act to dispose of human remains by a\nprocess that is not authorised by the Act or another Act.\n\nENDNOTES\nBurial and Cremation Regulations 2022 5\nENDNOTES\n1 KEY\nKey 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 Regulations 2022 (SL No. 19, 2022)\nNotified 22 November 2022\nCommenced 28 November 2022 (r 2, s 2 Burial and Cremation Act 2022\n(Act No. 16, 2022) and Gaz S60, 23 November 2022)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations do not themselves expand the Act's substantive powers; they prescribe technical, spatial and procedural details under the Act (site restrictions, consultation steps, definition of alkaline hydrolysis and documentation obligations). The instrument narrows how specified powers are exercised rather than altering the statutory scope."},"complexity_factors":["Cross-references to other statutes and external technical documents (Planning Act 1999; Public and Environmental Health Regulations 2014; Water Supply and Sewerage Services Act 2000; National Uniform Drillers Licensing Committee guidance) create dependence on evolving external standards (see reg 5(4), reg 7).","Multiple numeric thresholds and spatial rules (minimum parcel area 5 ha; 100 m setbacks from buildings, bores, water) increase precision and enforcement complexity (see reg 5(1)(a),(b),(d),(f)).","Exceptions and conditional rules (interment in a structure exempt, road/unzoned land exception) add branching logic to application of rules (see reg 5(3) and 5(2)).","Ministerial consideration requirements introduce administrative discretion and record/decision-making obligations when changing cemetery location or declaring structures (see reg 4 and reg 6).","Mandatory pre-licence consultation obligations require co-ordination with health and sewerage authorities, creating procedural steps for licence applicants (see reg 7).","Technical operational prescription for alkaline hydrolysis (pressurised, heated alkali solution, microbial destruction and reduction to liquid/ash) creates specific equipment and process standards for facilities (see reg 8(2)).","Linkage to offence provisions in the Act means non-compliance can attract criminal sanction, increasing compliance risk for operators (note to reg 8 referencing s188 of the Act).","Documentation and planning requirements for declared structures (layout and burial location details) impose an evidence burden on entities seeking declaration (see reg 6)."],"plain_english_summary":"These Regulations set technical rules under the Burial and Cremation Act for where and how burials and interment structures may be located, and for licensing alkaline hydrolysis. They affect cemetery managers, landowners using undeclared land, the Minister, licence holders and health and sewer authorities. The rules prescribe minimum site sizes and distance limits, zoning and infrastructure exclusions; require the Minister to consider existing human remains before changing a cemetery; require consultation with the Chief Health Officer and sewerage licence holders before approving alkaline hydrolysis; and specify the alkaline hydrolysis process."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose. They address specific operational details required by the parent Act (Burial and Cremation Act 2022) including burial location restrictions, cemetery changes, structure approvals, and the new alkaline hydrolysis process. There is no evidence of scope creep; the regulations cover exactly what would be expected for subordinate legislation under this Act."},"complexity_factors":["Short length (8 regulations total)","Minimal cross-referencing (only references to parent Act sections)","Straightforward conditional logic (simple 'if-then' structures in regulations 5 and 7)","Limited defined terms (only 6 specific definitions: alkaline hydrolysis, decommissioned, extraction area, floodway, land application area, public infrastructure, unzoned land, wastewater management system)","Single layer of exceptions (regulation 5(2) provides an exception to 5(1)(c), and 5(3) exempts structures entirely)","Incorporation of external documents by reference (3 technical standards: water bore construction requirements, roadworks specifications, and wastewater management code)"],"plain_english_summary":"These regulations set the rules for burials and cremations in the Northern Territory, working alongside the main Burial and Cremation Act 2022.\n\n**What it covers:**\n\n*   **Private burials on rural land:** If you want to bury someone on private land that isn't an official cemetery (called an \"undeclared area\"), there are strict rules about where you can do it. The site must be at least 5 hectares, 100 metres away from houses, water bores, and bodies of water, and can't be on flood-prone land, public infrastructure, or certain zoned land like main roads or railways.\n*   **Moving cemeteries:** If the government wants to change the boundaries of an existing cemetery, they must consider whether any graves would end up outside the new boundary.\n*   **New types of burial structures:** Before approving new kinds of burial buildings (like mausoleums or columbariums), the Minister must check that there are proper plans showing the layout and burial sites.\n*   **Alkaline hydrolysis:** This is a newer method of body disposal (also called water cremation or aquamation) that uses water, chemicals, heat, and pressure to break down remains into liquid and ash. The regulations legalise this process in the NT and require the Minister to consult health officials and sewerage authorities before granting licences for these facilities.\n\n**Who it affects:**\n\n*   Families wanting private burials on rural properties\n*   Cemetery operators and managers\n*   Funeral directors and operators of alkaline hydrolysis facilities\n*   Local councils and planning authorities\n\n**Why it matters:**\n\nThese rules balance respect for the dead with public health and safety. They ensure burials don't contaminate water supplies or interfere with roads and infrastructure, while also modernising the law to allow for new, more environmentally friendly disposal methods like alkaline hydrolysis."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to remain within their expected scope as subordinate legislation supporting the Burial and Cremation Act. There is no evidence of scope creep or expansion beyond the administration of burial and cremation practices in the Northern Territory."},"complexity_factors":["Subordinate legislation (regulations) rather than primary legislation, which typically has lower complexity","Narrow, specialised subject matter limited to burial and cremation administration","Limited legislative content was provided for analysis, preventing assessment of any technically complex provisions","Administered by a single agency (Department of Housing, Local Government and Community Development), suggesting straightforward regulatory scope","Regulations of this type are generally procedural and administrative in nature, rather than involving complex legal concepts"],"plain_english_summary":"These regulations set out the practical, day‑to‑day rules that support the Burial and Cremation Act in the Northern Territory, covering paperwork, permits, record‑keeping, operational standards for cemeteries and crematoria, fees, and who may authorise burials or cremations. \n\nThey affect funeral directors, cemetery and crematorium operators, families arranging funerals, local councils and medical professionals — important for legal compliance and ensuring standards are followed. Note: the source contains limited substantive detail."}},"importantCases":[],"_links":{"self":"/api/acts/burial-and-cremation-regulations-2022","history":"/api/acts/burial-and-cremation-regulations-2022/history","analysis":"/api/acts/burial-and-cremation-regulations-2022/analysis","conflicts":"/api/acts/burial-and-cremation-regulations-2022/conflicts","importantCases":"/api/acts/burial-and-cremation-regulations-2022/important-cases","documents":"/api/acts/burial-and-cremation-regulations-2022/documents"}}