Burial and Cremation Act 2013

If a cemetery closed under section 24 is on land held on trust by a council or includes dedicated land under the care, control and management of a council, the council may petition the Minister requesting that the Minister take such steps as are necessary to have—

the trust (if any) on which the land is held by the council determined;

the land dedicated as park lands.

On receipt of a petition under this section, the Minister—

must publish the substance of the petition at least twice in a newspaper circulating in the area, and at least twice in a newspaper circulating throughout the State, calling on any persons objecting to the exercise of the powers under this section to state their objections to the Minister; and

must cause any inquiries the Minister may think fit to be made with a view to ascertaining whether any interment rights exist over the land and for otherwise ascertaining whether there is any reason why the matters requested in the petition should not occur.

If

Subject to section 24, if a closed cemetery is dedicated as park lands, the relevant authority for the closed cemetery may do any of the following:

remove memorials to deceased persons;

relocate memorials to deceased persons in the park lands;

replace memorials to deceased persons with some other form of memorial in the park lands.

A council must pay the costs of any advertisement and inquiry under this section.

If a council acts in accordance with this section, it will not be taken to be in breach of its obligations under interment rights relating to human remains interred in the cemetery.

This section does not apply in relation to a closed cemetery that is, or forms part of, a State heritage place.

In this section, a reference to a cemetery includes a reference to a part of a cemetery.