BURIAL AND CREMATION ACT 2022 (NO 16 OF 2022)

Northern Territory Numbered Acts

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BURIAL AND CREMATION ACT 2022 (NO 16 OF 2022)

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY MATTERS

1. Short title
2. Commencement
3. Objects of Act
4. Application of Act
5. Recognition of rights and interests of Aboriginal people
6. Act binds Crown
7. Definitions
8. Meaning of interest holder
9. Meaning of decision maker
10. Meaning of next of kin
11. Meaning of senior next of kin
12. Mediation to facilitate dispute resolution
13. Determination of senior next of kin
14. Decision-making powers concerning human remains
15. Application of Criminal Code

PART 2--BURIAL AREAS

Division 1--Cemeteries

Subdivision 1--Classes of cemeteries

16. Declaration of cemetery
17. Matters to be considered before declaration
18. Agency to keep register of cemeteries
19. Minister may change details of cemetery
20. Minister may change class of cemetery
21. Minister may revoke declaration of cemetery

Subdivision 2--Management of cemeteries

22. Responsible entity for cemetery
23. Manager of cemetery
24. Cemetery plans
25. Public opening hours of public cemetery
26. Fees for cemetery services
27. Waiver of fees
28. Multiple burials policy
29. Information to be publicly available
30. Information to be displayed at cemetery

Division 2--Burial grounds

31. Declaration of burial ground
32. Matters to be considered before declaration
33. Agency to keep register of burial grounds
34. Minister may change details of burial grounds
35. Minister may revoke declaration of burial ground
36. Representative for burial ground

Division 3--Undeclared areas

37. Burial in undeclared area

PART 3--BURIAL PROCESS

Division 1--Burials within cemetery

38. Application for burial approval
39. Conditions on burial approval
40. Burial approval form
41. Burial approval given without application or incomplete application
42. Burial without approval
43. Manner or undertaking of burial
44. Multiple burials
45. Objection to burial in a cemetery
46. Register of burials
47. Access to information in register of burials

Division 2--Memorials within public cemetery

48. Application for authorisation to erect memorial
49. Requirement to repair memorial

Division 3--Exclusive rights of burial in public cemetery or independent cemetery

Subdivision 1--Rights of burial generally

50. Grant of exclusive right of burial
51. Exclusive right of burial granted after burial
52. Certificate of grant of exclusive right of burial
53. Duration of right
54. Entitlements of exclusive right of burial
55. Exercise of exclusive right of burial
56. Change of contact details
57. Exclusive rights of burial policy

Subdivision 2--Transfer and surrender

58. Transfer of exclusive right of burial prohibited
59. Surrender of unexercised right of burial
60. Refund for surrendered exclusive rights of burial

Subdivision 3--Expiry and renewal of exclusive right of burial

61. Notification of expiry of exclusive right of burial
62. Renewal of exclusive right of burial
63. Exclusive right of burial not renewed

Subdivision 4--Register of exclusive rights of burial

64. Register of exclusive rights of burial

Division 4--Burials outside cemetery

65. Burial outside cemetery
66. Notification of burial outside cemetery
67. Documents to be provided with burial notification
68. Information not known or considered culturally sensitive
69. CEO may request documents
70. Receipt of burial notification
71. Objection to burial outside cemetery
72. Offence to undertake burial subject to objection from decision maker or relevant interest holder
73. Offence to undertake burial without consent of representative or interest holder
74. Burial notification may be provided after burial
75. Offence for failure to comply with burial notification direction
76. Information about burial outside cemetery
77. Register of burials outside cemetery
78. Access to information in register of burials outside cemetery
79. Matters to be considered before providing access to information from register of burials outside cemetery
80. Information to be provided to Registrar-General

Division 5--Depth and direction of burial within cemetery and outside cemetery

81. Depth of burial
82. Direction of burial

Division 6--Interment in structure within cemetery and outside cemetery

83. Declaration of structure
84. Revocation of declaration of structure
85. Matters to be considered before declaration or revocation
86. Interment in structure

PART 4--EXHUMATIONS

Division 1--Exhumation inside cemetery

87. Application for exhumation and relocation of human remains
88. Exhumation without approval
89. Contravention of condition of exhumation
90. Exception for exhumation approval
91. Exhumation information

Division 2--Exhumation of human remains outside of cemetery

92. Exhumation outside cemetery
93. Notification of exhumation and relocation of human remains
94. Documents to be provided with exhumation notification
95. Information not known or considered culturally sensitive
96. Receipt of exhumation notification
97. Offence to undertake exhumation without consent from decision maker
98. Exhumation notification may be provided after exhumation
99. Offence for failure to comply with exhumation notification direction
100. Information about exhumation outside cemetery
101. Exhumation information
102. Agency must notify Registrar-General

PART 5--CLOSURE OF CEMETERIES

Division 1--Semi-closed cemeteries

103. Semi-closed cemetery
104. Application to semi-close cemetery
105. Declaration of semi-closed cemetery

Division 2--Closed cemeteries

106. Closed cemetery
107. Application to close cemetery
108. Declaration of closed cemetery

Division 3--Notification and management of semi-closed cemetery or closed cemetery

109. Notification of semi-closed cemetery and closed cemetery

Division 4--Revocation of semi-closed or closed declaration

110. Revocation of declaration of semi-closed cemetery
111. Revocation of declaration of closed cemetery

Division 5--Transformation of closed cemetery into public park

112. Closed cemetery
113. Application to transform closed cemetery into public park
114. Content of application
115. Notice of intention to transform cemetery into public park
116. Public consultation
117. Obligations of responsible entity
118. Objections
119. Minister may transform closed cemetery into public park
120. Relocation of memorials
121. Prohibited activities
122. Minimum period of public park for independent cemetery

PART 6--FACILITIES

Division 1--Licence to operate facility

123. Minister may grant licence to operate facility
124. Operation of facility without licence
125. Contravention of condition of licence
126. Licence to operate must be publicly available
127. Surrender of licence to operate facility
128. Requirement to forward permanent records
129. Agency to keep register of facilities

Division 2--Management of facilities

130. Responsible entity for facility
131. Manager of facility
132. Register of disposals of human remains
133. Access to information in register of disposals of human remains
134. Fees for facility services
135. Information to be publicly available
136. Information to be displayed at facility

PART 7--CREMATION AND OTHER PROCESSES PRESCRIBED FOR DISPOSAL OF HUMAN REMAINS

137. Application of Part 7
138. Application for disposal approval
139. Disposal approval form
140. Disposal approval given without application or incomplete application
141. Disposal without approval
142. Interested persons not to certify
143. Disposal outside a facility
144. Objection to disposal of human remains of deceased person

PART 8--OFFICERS MAY PROHIBIT BURIAL OR DISPOSAL OF HUMAN REMAINS

145. Officers may prohibit burial or disposal of human remains
146. Approval of burial or disposal contrary to prohibition notice
147. Contravention of prohibition notice
148. Manager must notify applicant of prohibition notice

PART 9--COMPLIANCE REVIEWS, INVESTIGATIONS AND ENFORCEMENT

Division 1--Inspectors

149. Appointment of inspectors
150. Identity cards for inspectors
151. Return of identity card
152. Functions of inspector

Division 2--Compliance reviews

153. Compliance reviews
154. Agency must report on results of compliance review

Division 3--Investigations

155. Investigations

Division 4--Powers of inspectors

156. Power of entry
157. Entry on Aboriginal land
158. Procedure for entry
159. Production of identity card
160. Power of formal questioning
161. Self-incrimination
162. Confidential matters
163. Inspector's report

Division 5--Enforcement order for cemetery

164. Minister may issue an enforcement order
165. Content of enforcement order
166. Contravention of enforcement order
167. Requirements after issue of enforcement order

Division 6--Enforcement actions for cemetery

168. Minister may suspend cemetery
169. Burial in suspended cemetery
170. Requirement to forward permanent records

Division 7--Remedy of contraventions of cemetery

171. Revocation of suspension

Division 8--Enforcement order and suspension of facility

172. Minister may issue an enforcement order
173. Content of enforcement order
174. Contravention of enforcement order
175. Minister may suspend operation of facility
176. Content of suspension notice
177. Contravention of suspension notice
178. Requirements after issue of enforcement order or suspension notice

Division 9--Enforcement action for facility

179. Revocation of facility licence
180. Requirement to forward permanent records

Division 10--Remedy of contraventions of facility

181. Revocation of suspension notice

PART 10--RECORDS

182. Permanent records
183. Record keeping
184. Failure to keep permanent records

PART 11--MISCELLANEOUS MATTERS

185. Interstate deaths
186. Overseas deaths
187. Review by NTCAT
188. Offence to dispose of human remains by unauthorised process
189. Misleading information
190. Offence to disclose certain information
191. Delegations
192. Declaration of infectious diseases
193. Chief Health Officer may make guidelines
194. CEO may make guidelines
195. Regulations

PART 12--REPEALS AND TRANSITIONAL MATTERS

Division 1--Repeals

196. Acts repealed

Division 2--Transitional matters for Burial and Cremation Act 2022

197. Definitions
198. Public cemeteries
199. Nhulunbuy Public Cemetery
200. Establishment of cemetery plan and policies
201. Closed cemeteries and semi-closed cemeteries
202. Exclusive rights of burial in cemetery
203. Transfer of exclusive right of burial in cemetery
204. Private burial grounds
205. Permit for burial in cemetery
206. Multiple burial in cemetery
207. Burial outside cemetery
208. Exhumation
209. Crematoria
210. Availability of facility information
211. Permit for cremation
212. Transitional regulations

PART 13--CONSEQUENTIAL AND RELATED MATTERS

Division 1--Amendment of Local Government Act 2019

213. Act amended
214. Section 7 amended (Definitions)
215. Section 40 amended (Delegation)
216. Section 78 amended (Functions of local authority)
217. Section 81 amended (Council to work with local authority)
218. Section 168 amended (Delegation by CEO)
219. Chapter 12, Part 12.2 heading replaced
220. Section 269 replaced
221. Section 289 amended (Fees for service)

Division 2--Other laws amended

222. Other laws amended

Division 3--Repeal of Part

223. Repeal of Part
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3

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