87Application for exhumation and relocation of human remains

87 Application for exhumation and relocation of human remains (1) A person may apply to the CEO for approval to exhume human remains of a deceased person in a cemetery and relocate the human remains to another place in or outside the Territory. (2) The application must include the following information: (a) the person's full name, address and contact details; (c) the deceased person's full name; (d) the full name and contact details of the decision maker for the (e) the name of the cemetery; (f) the date the deceased person was buried;

Burial and Cremation Act 2022 53 (g) the proposed date of exhumation; (h) the place where the human remains are proposed to be buried, disposed of, or otherwise relocated; (i) confirmation of consent from: (i) the decision maker for the deceased person; and (ii) if the human remains are buried in a burial site with other human remains – each decision maker for each deceased person buried in that site; and (iii) if the human remains are buried at a specific burial site in accordance with an exclusive right of burial – the person mentioned in section 55(1). (3) The applicant may include a statement in the application informing the CEO that certain information mentioned in subsection (2) is culturally sensitive information. (4) If the decision maker mentioned in subsection (1)(i)(ii) cannot be contacted, the applicant must provide a statutory declaration that states that the applicant has made reasonable attempts to contact the decision maker and that the decision maker cannot be contacted. (5) The CEO may, in writing, approve the exhumation and relocation of human remains of a deceased person (an exhumation approval) if satisfied of the following matters: (a) the proposed exhumation and relocation is in accordance with any guidelines made by the Chief Health Officer under section 193; (b) whether the applicant has obtained, or is able to obtain, the necessary authorisations to: (i) bury the human remains at the place the applicant intends to relocate the remains; or (ii) cremate, dispose of, or otherwise make arrangements for the human remains; (c) any other matters the CEO considers relevant. (6) The exhumation approval may be given subject to any conditions that the CEO considers appropriate.

Burial and Cremation Act 2022 54 (7) Despite subsection (6), the CEO must not impose a condition on an exhumation approval that is intended to limit the exercise of rights and interests mentioned in section 5 unless the condition is imposed for environmental protection, public health purposes or public safety purposes. (8) The CEO may refuse to give an exhumation approval unless: (a) the proposed exhumation relates to the exercise of rights and interests mentioned in section 5; and (b) the proposed exhumation does not contravene this Act or another Act. (9) If the CEO refuses to give an exhumation approval, the CEO must give the applicant a decision notice. Note for subsection (9)