Burial and Cremation Act 2013 (SA)

South Australia Burial and Cremation Act 2013 An Act to provide for and regulate the identification, handling, storage, transport, disposal and memorialisation of human remains; to provide for the establishment, administration and closure of cemeteries and natural burial grounds; to provide for the conversion of closed cemeteries into parklands or public parks or gardens; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act 5 Relationship of Act with other laws 6 Human remains to be treated with dignity and respect Part 2—Disposal of human remains Division 1—Disposal by burial or cremation 7 Offence to dispose of bodily remains except by burial or cremation 8 Offence to dispose of bodily remains except in cemetery or natural burial ground 9 Offences relating to cremation 10 Cremation permits 11 Power of Attorney‑General, State Coroner or magistrate to prohibit disposal by cremation Division 2—Documents to be provided before disposal of bodily remains 12 Documents to be provided before disposal of bodily remains Division 3—Opening of interment sites, exhumation and re‑interment 13 Offences Division 4—Miscellaneous 14 Prohibition on giving certificate of cause of death in certain circumstances 15 Handling, storage and transport of human remains 16 Authority to inter at particular site 17 Religious and other ceremonies not to be interfered with etc 18 Disposal of unclaimed cremated human remains Part 3—Cemeteries, natural burial grounds and crematoria Division 1—Establishment of cemeteries, natural burial grounds and crematoria 19 Establishment of cemeteries, natural burial grounds and crematoria 20 Power of councils to establish and manage public mortuaries 21 Establishment of mausolea within cemeteries 22 Designation of natural burial grounds within cemeteries 23 Power to set apart part of cemetery or natural burial ground for particular religions Division 2—Closure and conversion of cemeteries and natural burial grounds 24 Closure of cemeteries and natural burial grounds 25 Dedication of closed council cemeteries as park lands 26 Conversion of closed cemeteries into public parks or gardens 27 Powers of relevant authorities in relation to closed cemeteries 28 Obligations of relevant authorities on closure of cemeteries etc Division 3—Interment rights 29 Interpretation 30 Issue of interment rights 31 Duration of interment rights 32 Renewal of interment rights 33 Transfer of interment rights 34 Surrender of interment rights 35 Exercise or enforcement of interment rights 36 Interment right not required for scattering of cremated remains 37 Register of interment rights 38 Re‑use of interment sites Division 4—Memorials 39 Ownership of memorial 40 Duty to maintain memorial 41 Power to require repair, removal or reinstatement of memorial 42 Power of relevant authority to dispose of unclaimed memorial Division 5—Miscellaneous 43 General powers of relevant authority 44 Multicultural needs to be recognised 45 Power to restrict interments in any part of cemetery or natural burial ground 46 Neglected cemeteries and natural burial grounds 47 Right of review 48 Power of councils to accept conveyance of cemetery or natural burial ground land from trustees 49 Power of councils to assume administration of cemeteries and natural burial grounds 50 Public access to cemeteries, natural burial grounds and crematoria 51 Disposal of surplus cemetery land etc 52 Disposal of land after closure of cemetery etc 53 Registers, records and plans to be kept by relevant authorities Part 4—Miscellaneous 54 Minister responsible for Crown Land Management Act 2009 to facilitate exercise of powers, functions and duties under this Act 55 Exemptions 56 Power of Public Trustee to act on behalf of holder of interment right etc 57 Approvals and authorisations 58 Authorised officers 59 Powers of authorised officers 60 Hindering etc persons engaged in administration of Act 61 False or misleading statement 62 Statutory declarations 63 Self‑incrimination 64 Offences by body corporate 65 Service 66 Regulations Schedule 1—Transitional provisions Part 3—Transitional provisions 9 Transitional provision relating to interment rights Legislative history