Changes to burial and cremation laws

On 28 November 2022, burial and cremation laws were changed.

The new legislation replaces the Cemeteries Act 1952 and Cemeteries Regulations 1967.

Why new legislation was needed

Previously, cemeteries in regional and remote communities on Aboriginal land were not legally recognised.

This means burial records were not kept for these areas.

The new legislation ensures that burial areas in communities can:

It will help ensure that people across the Northern Territory (NT) will have a record of where deceased loved ones are buried.

Having a record of burial sites will ensure they are respected and that future generations can have a connection to their family history.

The new legislation:

requires records be kept for all burials in the NT
allows burying in cemeteries, burial grounds and other areas
ensures that those responsible for the land have power to decide whether cemeteries or burial grounds are recognised
- this includes Traditional Owners of Aboriginal land
ensures that a decision maker for the deceased can be a person with authority under Aboriginal customs and traditions
- this is also known as a senior next of kin.

Watch the video to find out more.

The new legislation recognises 2 types of burial areas:

The difference between a cemetery and a burial ground is that burial grounds don't have an organisation that looks after and manages the area.

There are 4 possible types of cemeteries, managed by the following organisations:

public cemeteries – urban cemeteries managed by local government councils
community cemeteries – regional and remote cemeteries managed by local government councils
local cemeteries – regional and remote cemeteries managed by Aboriginal corporations or other organisations
independent cemeteries – cemeteries managed by private organisations.

You must apply to the relevant organisation for a burial to take place in the cemetery.

The organisation will keep records of all burials.

People can bury outside of a cemetery, such as:

Check the locations for burial grounds in the NT.

Although a burial ground is a declared area, there is no responsible organisation to manage a burial ground.

A representative nominated by the land owner can consent to burials in burial grounds.

Land owners can decide if the area becomes a:

They can also decide if it continues to be an undeclared area.

You must notify the department about a burial in a burial ground or other areas.

The department keeps records of all burials outside of cemeteries.

Under the new legislation, you must notify the department if you are burying outside a cemetery.

A burial notification is not an approval process.

To find out what you need to do, read burials outside of cemeteries.

You can also watch in the following languages.

For further information email burials@nt.gov.au or call 08 8995 5107.

Share this page: