Burial and Cremation Act 2013

In this section, a reference to a closed cemetery is a reference to a cemetery closed under section 24, and includes a part of a cemetery that has been closed under that section, but does not include a cemetery, or part of a cemetery, that is on land held on trust by a council or that includes dedicated land under the care, control and management of a council.

The relevant authority for a closed cemetery may convert the cemetery into a public park or garden.

A relevant authority must not act under this section unless it has given notice of its intention to convert the cemetery into a public park or garden by public advertisement in a newspaper circulating throughout the State on at least 3 occasions within a period of

A notice under subsection (3) must comply with the regulations.

If a closed cemetery is converted into a park or garden under this section, a person must not knowingly disturb human remains interred there except as may be authorised by this Act, the Attorney‑General or the State Coroner.

Subject to section 24, if a closed cemetery is converted into a public park or garden, the relevant authority for the closed cemetery may—

remove memorials to deceased persons;

relocate memorials to deceased persons in the park or garden;

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

If a relevant authority 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.