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Cemetery, Crematorium and Prescribed/Regulated Business Management

The Burial and Cremation Act 2019 (the Act) was proclaimed on 25 December 2019.

The Act and the Burial and Cremations Regulations 2015 (the Regulations) set out the legal framework for the management of cemeteries, crematoriums and regulated businesses (i.e. businesses that handle human remains).

This legislation regulates:

  • how cemeteries and crematoriums are established and managed;
  • the sale, transfer and closure of cemeteries;
  • how human remains are handled, stored, or transported; and
  • public health and public safety standards for the funeral industry.

You can view and download the Burial and Cremation Act 2019 and the supporting Burial and Cremation Regulations 2015.

More information on cemetery management and managing crematorium or prescribed /regulated business is provided on the following webpages:

Cemeteries Regulator

The Regulator role is held by the Director of Local Government, who administers the Act and is responsible for:

  • receiving and assessing applications relating to the sale, transfer and closure of cemeteries;
  • compliance monitoring and enforcement of the Act; and
  • maintaining a register of all cemeteries, crematoriums and prescribed businesses.

Senior Next of Kin

The definition of Senior Next of Kin (SNK) is used to identify who can legally make decisions about the body of a person who has died. For example who can decide whether the body of a person is to be buried or cremated and who will be the funeral director and take control of the body once it leaves the place of death.

The SNK definition is used by, but is not limited to, funeral directors, the Registrar of Births Deaths and Marriages, cemetery managers, managers of regulated businesses and crematoria, nurses, midwives, police, medical practitioners, officers of the Ambulance Service and the Coroner’s Office. The Senior Next of Kin Information Sheet provides detailed information about the meaning of SNK under Section 6 of the Burial and Cremation Act 2019.

Declaration of Life Extinct Forms

The Regulator is responsible for approving  'Declaration of Life Extinct' (DoLE) forms and the requirements for the use of identification tags for human remains.

The DoLE forms need to be printed in triplicate for distribution to a family member, Doctor and funeral company.

The DoLE forms can be ordered in triplicate from Mercury Walch Pty Ltd or the template forms can be provided to a printer of your choice to print in triplicate.

Contact Mercury Walch:

Mercury Walch Pty Ltd
5 Bowen Road
Moonah Tasmania 7009

Phone:  03 6232 2101
Fax: 03 6228 4631
sales@mercurywalch.com.au

More information

For more information contact the Office of Local Government:

  • phone 03 6232 7022