22Responsible entity for cemetery

22 Responsible entity for cemetery (1) The responsible entity for a cemetery is as follows: (a) for a public cemetery or a community cemetery located in a council area – the council; (b) for a public cemetery or a community cemetery located outside a council area – the entity specified in the notice under section 16(1);

Burial and Cremation Act 2022 16 (c) for a local cemetery – the Aboriginal corporation, Aboriginal community living area association or other entity specified in the notice under section 16(1); (d) for an independent cemetery – the entity specified in the notice under section 16(1). (2) For subsection (1), the responsible entity for a cemetery must be a body corporate or an individual. (3) The responsible entity for a cemetery must manage and control the (4) The responsible entity has the following functions: (a) to establish a cemetery plan for the cemetery; (b) to establish policies for the cemetery; (c) to ensure that there is access to equipment to undertake burials and exhumations in the cemetery; (d) to care for and maintain the cemetery; (e) to fund the maintenance of the cemetery; (f) to ensure that the cemetery is accessible to the public in accordance with this Act or another Act; (g) to ensure that the burial register is accessible to the public in accordance with this Act or another Act; (h) any other functions conferred on the responsible entity under (5) In exercising a power or function under this Act, the responsible entity must have regard to the following: (a) if the cemetery serves a particular cultural or religious community – the values of that community; (b) the heritage value of the cemetery, including the heritage significance of a heritage place or heritage object under the Heritage Act 2011; (c) the most efficient way of maintaining the cemetery. (6) In this section: council area, see section 7 of the Local Government Act 2019.

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