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Department of Premier and Cabinet

Review of Tasmanian Cemeteries Legislation

The Burial and Cremation Act 2002

The Tasmanian Government is reviewing the current cemeteries legislation in response to community concerns about the sale of properties containing cemeteries.

The focus of the change will be on preserving, and, where appropriate, strengthening both the rights of community members and the obligations on cemetery managers.

The Government is committed to ensuring:

  • the continued appropriate, safe and responsible management of cemeteries;
  • the honouring of exclusive burial rights; and
  • continued public access for relatives and friends of the deceased.

The Review is being conducted in two stages.

Stage 1 amendments to the Burial and Cremation Act 2002 and Burial and Cremation Regulations 2015 commenced on 26 December 2018 and has been completed.

Stage 2 of the Review is now underway.

Stage 2

The Draft Burial and Cremation Bill 2019 was released for public consultation in June – July 2019. Submissions have now closed.

A final Bill will be introduced into Parliament before the end of 2019.

Resources and related information for public consultation – June and July 2019

Stage 2 Submissions

The submissions for the Review of Tasmanian Cemeteries Legislation are available to view and download under the name of the individual or organisation from whom the submission was received.

Stage 1

Stage 1 of the Review focused on strengthening the regulatory framework for cemeteries by introducing a stronger sale and transfer process, new compliance and enforcement powers and increasing protection of human remains by strengthening the cemetery closure process. Amendments to the Burial and Cremation Act 2002 and Burial and Cremation Regulations 2015 commenced on 26 December 2018.

A summary of Stage 1 amendments can be found in the Burial and Cremation Act 2002 - Summary of 2018 Amendments fact sheet.

Stage 1 Public consultation and submissions

The draft Burial and Cremation Amendment Bill 2018 was released for public consultation in September 2018. The following documents formed part of the Stage 1 consultation process:

Resources and related information for public consultation - September and October 2018

More information

For more information about the Review, contact the Local Government Division: