Burial and Cremation Act 2019

If – it appears to the general manager of a council that the whole or any portion of a cemetery is prejudicial to public health or public safety; or it appears to the Director of Public Health that the whole or any portion of a cemetery is prejudicial to public health or public safety – the general manager or Director of Public Health may give notice to the cemetery manager that the whole or portion of the cemetery is to be closed on a date specified in the notice.

The notice may require the cemetery manager to carry out any works, or to take any action, specified in the notice and within such time as may be specified as necessary in the interests of public health or public safety.

If the cemetery manager complies with the requirements of the notice to the satisfaction of the general manager of the council or the Director of Public Health before the date specified in the notice, the notice is taken to be withdrawn, but, if the cemetery manager fails to do so, the cemetery is taken to be closed on that date until the requirements have been complied with.

If there are no requirements in the notice to be observed by the cemetery manager, the cemetery is taken to be closed on a date specified in the notice.

A cemetery manager who receives a notice under this section may, within 14 days, appeal to the Tasmanian Civil and Administrative Tribunal against the notice which may, if the appeal is not dismissed, vary or revoke the notice.

If a cemetery manager is given a notice under subsection (1), the cemetery manager must comply with the notice unless the notice is withdrawn or revoked in accordance with this section. Fine not exceeding 100 penalty units.

If a notice under subsection (1) is revoked or withdrawn in respect of a cemetery, the cemetery is no longer taken to be a closed cemetery for the purposes of this Act solely on the basis of that notice.

If a cemetery is a closed cemetery solely on the basis of a notice under subsection (1), the provisions of this Division, other than this section, do not apply in respect of the closed cemetery unless the closure of the cemetery has also been approved under section 65.