37Burial in undeclared area

37 Burial in undeclared area (1) A person may, in accordance with Part 3, Division 4, bury the human remains of a deceased person in an undeclared area. (2) The regulations may prescribe restrictions on the location of a burial in an undeclared area. (3) Before a regulation is made prescribing a restriction on the location of a burial in an undeclared area, the Minister must consult with the following on the proposed restriction: (a) all Land Councils; (b) for a restriction that relates to pastoral land – the Minister responsible for administering the Pastoral Land Act 1992. (4) If there is an inconsistency between the regulations and the exercise of traditional rights to use Aboriginal land or native title rights and interests, or a reasonable belief in the existence of those rights and interests: (a) for Aboriginal land – the rights and interests prevail to the extent of the inconsistency; or (b) for land that is subject to native title – the rights and interests prevail to the extent of the inconsistency, subject to the rights and interests of any other interest holder that prevail over native title rights and interests in accordance with the Native Title Act 1993 (Cth).

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