28Use of land for Aboriginal cremations

28 Use of land for Aboriginal cremations

(1)  A person may only conduct an Aboriginal cremation in accordance with this section.

(2)  A person who wishes to conduct an Aboriginal cremation must apply, in writing, to –

(a) the Aboriginal Land Council of Tasmania, as established under the Aboriginal Lands Act 1995 , for approval to use the Aboriginal land specified in the application for the purposes of an Aboriginal cremation; and

(b) the Director of Public Health for approval to use Aboriginal land for the purposes of an Aboriginal cremation.

(3)  On receipt of an application under subsection (2)(b) , the Director of Public Health is to consult with the general manager of the council of the municipal area in which the land is situated.

(4)  The Director of Public Health must not give approval for the use of Aboriginal land for the purpose of an Aboriginal cremation unless the Director is satisfied that the person who wishes to conduct the Aboriginal cremation has obtained the approval of the Aboriginal Land Council under subsection (2)(a) for that use.

(5)  Unless otherwise stated, this Act does not apply to –

(a) an Aboriginal cremation performed in accordance with this section; or

(b) the handling of cremated remains that –

(i) are the result of an Aboriginal cremation; and

(ii) are being handled in accordance with Aboriginal custom.