Burial and Cremation Act 2019

A cemetery manager must keep the cemetery for which he or she is the cemetery manager – in accordance with this Act; and so as not to be prejudicial to public health or public safety. Fine not exceeding 50 penalty units and a further fine not exceeding 5 penalty units in respect of each day during which the offence continues.

Subject to subsection (3), a cemetery manager must ensure that – as far as reasonably practicable, the cemetery, for which he or she is the cemetery manager, is maintained so as to prevent the cemetery from falling into disrepair, or from being defaced or damaged; and any disrepair or defacement of, or damage to, the cemetery is rectified as soon as practicable. Fine not exceeding 50 penalty units.

Subsection (2) does not apply to a vault, grave or monument within a cemetery unless – the defacement or damage to the vault, grave or monument was caused by, or was the result of an act that was approved by, the cemetery manager for the cemetery; or the cemetery manager for the cemetery has entered into an agreement under section 39(3) in respect of the vault, grave or monument.

A cemetery manager must keep all prescribed records, in the prescribed manner, in respect of the cemetery. Fine not exceeding 50 penalty units.

A cemetery manager must permit any person to have access free of charge at any reasonable time to visit monuments and graves in any portion of the cemetery. Fine not exceeding 30 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units in respect of each day during which the offence continues.

It is a defence in proceedings for an offence under subsection (5) if the cemetery manager establishes that – the person was refused access to all, or a portion, of the cemetery due to the person’s behaviour or previous behaviour; or the person was refused access in accordance with the rules of operation for the cemetery.

Subject to this and any other Act, a cemetery manager may – improve, embellish and enlarge the cemetery under the management of that manager; and restrict interments in any portion of the cemetery, except as may be required by an exclusive right of burial; and take any other action as may be required for the reasonable management and maintenance of the cemetery.