32Matters to be considered before declaration

32 Matters to be considered before declaration (1) Before declaring a burial ground, the Minister must take into account any matters prescribed by regulation relating to the declaration of a burial ground. (2) The Minister must not declare a burial ground if: (a) the proposed area of land overlaps with another burial area; or

Burial and Cremation Act 2022 21 (b) in the case of the proposed area of land being located on Aboriginal land – the area has more than one Land Council for that area. Notes for subsection (2)(a) 1 A parcel of land may have more than one burial area located on it as long as the burial areas do not overlap. 2 Burial area means a cemetery or a burial ground. (3) The Minister must not declare a burial ground unless the Minister is satisfied that there is written consent: (a) from each interest holder of the proposed burial ground for the use of the land as a burial ground; and (b) from the prospective representative to be the representative for the burial ground. Example for subsection (3) For land subject to native title, an indigenous land use agreement under the Native Title Act 1993 (Cth) that authorises the use of the land as a burial area.