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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.

Stage 2 of the Review is now underway.

Stage 2

Work on Stage 2 of the Review has commenced, and will include:

  • updating the cemeteries register;
  • an audit of a sample of cemeteries to understand levels of compliance;
  • establishing a compliance and enforcement monitoring regime; and
  • consideration of issues outside the scope of Stage 1, including provisions relating to crematoria and prescribed businesses.

Targeted consultation with key stakeholders and broad public consultation on proposed amendments will be undertaken. It is anticipated that the proposed amendments will be introduced later in 2019.

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:

  • phone 03 6232 7022