Burial and Cremation Act 2019

A person may apply to a cemetery manager for an exclusive right of burial to inter any human remains in a specified interment plot or specified portion of a cemetery.

A cemetery manager may grant an exclusive right of burial in accordance with subsection (1) either with – an absolute right of burial; or a right of burial for a term of at least 25 years which may be renewed on such other terms and conditions as may be agreed.

If a cemetery manager grants an exclusive right of burial in accordance with subsection (1), the cemetery manager must provide the applicant with a certificate of exclusive right of burial as prescribed. Fine not exceeding 20 penalty units.

If it is impracticable for a cemetery manager to inter any human remains in an interment plot or portion of a cemetery in accordance with an exclusive right of burial, the cemetery manager must, with the consent of the holder of the right and without further charge, grant to the holder of the right – an exclusive right of burial in another plot or portion of the cemetery; or an exclusive right of burial in another cemetery if so agreed with the manager of that other cemetery.

If the holder of an exclusive right of burial does not consent, as required under subsection (4), to a new grant of an exclusive right of burial, the matter is to be referred to arbitration under the Commercial Arbitration Act 2011 as if there were a request for the dispute to be referred to arbitration under that Act.

The cemetery manager must pay the costs of an arbitration under subsection (5).

A cemetery manager must fulfil a valid exclusive right of burial, held by a person, that is in force in respect of the cemetery managed by the cemetery manager unless – another exclusive right of burial is granted to the person under subsection (4); or the exclusive right of burial – relates to part of a closed cemetery; and has been dealt with in accordance with section 67(1); or the cemetery manager has been notified in writing by the holder of the exclusive right of burial, or his or her legal representative, that – the exclusive right of burial is terminated; or the holder of the exclusive right of burial has been cremated and is not to be interred in accordance with the exclusive right of burial; or the holder of the exclusive right of burial has been interred other than in accordance with the exclusive right of burial. Fine not exceeding 50 penalty units.

Nothing in this Act disturbs the effect of an exclusive right of burial granted, but not fulfilled or terminated, before the commencement of this section.