Burial and Cremation Act 2022

(1) The exhumation notification must be accompanied by confirmation of consent for the exhumation and relocation from the following:

(b) 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.

(2) If the decision maker mentioned in subsection (1)(b) cannot be contacted, the person notifying must provide a statutory declaration that states that the person has made reasonable attempts to contact the decision maker and that the decision maker cannot be contacted.

(3) The exhumation notification must be accompanied by confirmation of the following:

(a) if the exhumation is located on a sacred site – the person notifying the Agency of the exhumation has obtained the necessary authorisation:

(i) under the Northern Territory Aboriginal Sacred Sites Act 1989; or

(b) if the deceased person suffered from a declared infectious disease at the time of the person's death and the burial occurred less than 6 months prior to the date of the proposed exhumation – the applicant has consulted the Chief Health Officer in relation to the proposed exhumation.

Note for subsection (3)(b)

Under section 192(2), the CEO may make guidelines in relation to declared infectious diseases for the purposes of exhumations outside a cemetery.