Managing cemeteries, crematoriums and regulated businesses

The Burial and Cremation Act 2019 and the Burial and Cremation Regulations 2025 set out the legal framework for the management of cemeteries, crematoriums and regulated businesses (the businesses that handle human remains).

The regulator role is held by the Director of Local Government, who administers the Act and is responsible for:

  • receiving and assessing applications relating to the sale, transfer and closure of cemeteries
  • compliance monitoring and enforcement
  • maintaining a register of cemeteries, crematoriums and regulated businesses.

Cemetery management

Cemetery managers have a range of legal obligations. For example, cemetery managers are responsible for:

  • the correct handling and interment (burial) of human remains
  • providing public access to cemeteries
  • administration and record-keeping
  • general maintenance and upkeep of cemeteries.

Cemetery managers must understand and be willing and able to fulfil the relevant obligations. Fines or legal action from affected parties (such as friends and families of an interred person) may occur for breaches of duties.

The regulator has powers to ensure cemeteries are managed appropriately. They can request cemetery managers undertake an audit, issue directives to cemetery managers and issue infringement notices.

Selling a cemetery

If you or your organisation are intending to sell a cemetery, you must publish a public notice of the intention to sell and obtain a certificate of compliance from the regulator before selling. The application for a certificate of compliance must be accompanied by a copy of an audit conducted in line with the audit guidelines.

A cemetery can only be sold to a body corporate that has been approved by the regulator to be the cemetery manager.

Becoming a cemetery manager

A new manager of a cemetery must be a body corporate with perpetual succession. If an entity intends to manage a cemetery (or establish a new cemetery), an application must be submitted to the regulator, even if it already manages another cemetery.

Establishing a new cemetery

To establish a new cemetery the land must be approved for use as a cemetery under the Land Use Planning and Approvals Act 1993. The council of the local government area where the cemetery will be located should be contacted in the first instance to apply for approval.

Once the land is approved, an entity must apply to the regulator to become a cemetery manager and for approval to establish the cemetery.

Closing a cemetery

A cemetery manager must apply to the regulator for approval to close a cemetery. An application to can only be made at least 50 years since the last burial.

If a cemetery is closed, cemetery managers are not permitted to use the land for another purpose (such as laying the cemetery out as a park or garden, removing tombstones or exhuming bodies) for at least 100 years since the last burial (except in exceptional circumstances), and must first apply to the regulator.

The regulator can place conditions on closed cemeteries, such as ensuring the protection of historical graves or the graves of veterans.

Crematorium and regulated business management

If you or your organisation intends to manage a crematorium or wants to carry on a regulated business, you must apply to the regulator for approval to do so.

The regulator will consider whether the proposed manager or operator has been convicted of certain offences and is a "fit and proper" person.

Further resources and information

Tasmanian cemetery register

The Tasmanian cemetery register includes the following information:

  • the name and address of the cemetery
  • the full name and business address of the cemetery manager
  • the business name, if any, under which the cemetery is managed
  • a way to identify the area used for the cemetery.

Burials on private land, in keeping with section 29 of the Burial and Cremation Act, are not cemeteries.

If a cemetery manager knows there is incorrect, incomplete or missing information in the cemetery register they must tell the regulator as soon as possible and provide the correct information. A fine may apply if a cemetery manager does not notify the regulator.

Landowners can tell the regulator if they think their land is a cemetery or has more than one monument on it and if it is not listed in the register. A fine may apply if a landowner does not notify the regulator.

The cemetery register is current at October 2025 and is updated quarterly.

Declaration of life extinct (DoLE) forms

A declaration of life extinct (DoLE) is in a form approved by the regulator. Identification tags are also in a form approved by the regulator.

The DoLE forms need to be printed in triplicate for distribution to the person who has custody of the human remains, a doctor and the Registrar of Births, Deaths and Marriages.

The DoLE forms can be ordered in triplicate from Mercury Walch or the template forms can be provided to a printer of your choice to print in triplicate.

Application fees

Applications must be accompanied by the relevant application fee. Attach a copy of the receipt of the fee with your application.

Fees are updated each year at the end of June. The fees below are for 2023-24.

  • Cemetery Manager Application: $229.20
  • Certificate of Compliance Application: $229.20
  • Cemetery Closure Application: $229.20
  • Establishment of New Cemetery Application: $114.60
  • Reduce Certain Timeframes Application: $152.60
  • Crematorium Manager Application: $229.20

Payment by direct deposit

  • Account name: Department of Premier and Cabinet Collections
  • BSB: 037-001
  • Account number: 268 569
  • Reference: Cemetery <applicant’s name>

Payment by Mastercard or Visa

Call the Department of Premier and Cabinet on 03 6232 7600 and quote reference Cemetery <applicant’s name>.

Contact

Office of Local Government
Email: localgovernment@dpac.tas.gov.au
Phone: 03 6232 7022