1BURIAL AND CREMATION REGULATIONS 2022

NORTHERN TERRITORY OF AUSTRALIA BURIAL AND CREMATION REGULATIONS 2022 As in force at 28 November 2022 Table of provisions 1 Title .................................................................................................. 1 2 Commencement .............................................................................. 1 3 Definition.......................................................................................... 1 4 Changing details of cemetery .......................................................... 1 5 Restrictions on location of burial in undeclared area ....................... 1 6 Declaration of structure ................................................................... 3 7 Requirement to consult before granting licence to operate facility in relation to alkaline hydrolysis ............................................ 3 8 Alkaline hydrolysis ........................................................................... 4 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

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As in force at 28 November 2022

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BURIAL AND CREMATION REGULATIONS 2022 Regulations under the Burial and Cremation Act 2022 1 Title These Regulations may be cited as the Burial and Cremation Regulations 2022. 2 Commencement These Regulations commence on the commencement of section 195 of the Burial and Cremation Act 2022. 3 Definition In these Regulations: alkaline hydrolysis means the process specified in regulation 8(2). 4 Changing details of cemetery For section 19(2)(a) of the Act, before changing the location of a cemetery, the Minister must have regard to whether any human remains that are buried in the cemetery will no longer be part of the area of land of the cemetery if the location of the cemetery is changed. 5 Restrictions on location of burial in undeclared area (1) For section 37(2) of the Act, the following restrictions on the location of a burial in an undeclared area are prescribed: (a) the proposed burial site must be located on a parcel of land that is at least 5 ha in area; (b) the proposed burial site must be at least 100 m away from any occupied building; (c) subject to subregulation (2), the proposed burial site must not be located on land used for public infrastructure, including the land used for an extraction area;

Burial and Cremation Regulations 2022 2 (d) the proposed burial site must be at least 100 m away from a bore that is not decommissioned; (e) the proposed burial site must not be within the vicinity of an area of land in which a wastewater management system is installed, including the land application area; (f) the proposed burial site must be at least 100 m away from any body of water; (g) the proposed burial site must not be located on land that is subject to a floodway; (h) the proposed burial site must not be located on land that is zoned M (Main Road), PM (Proposed Main Road), RW (Railway), U (Utilities), FD (Future Development), DV (Development) or WM (Water Management) under a planning scheme as defined in the Planning Act 1999. (2) Despite subregulation (1)(c), a proposed burial site is taken to not be located on land used for a road if: (a) the proposed burial site is located on unzoned land; and (b) the proposed burial site is: (i) located 100 m away from the centre of the road; and (ii) not within a road reserve. (3) Subregulation (1) does not apply to an interment in a structure. (4) In this regulation: decommissioned, in relation to a bore, has the same meaning as in the "Minimum Construction Requirements for Water Bores in Australia", published by the National Uniform Drillers Licensing Committee, as amended from time to time. extraction area has the same meaning as in the "Standard Specification for Roadworks", published by the Department of Infrastructure, Planning and Logistics, as amended from time to time. floodway means areas of a floodplain where a significant discharge of water occurs during floods.