Cemeteries Act 1986 (the Act) generally requires all deceased persons
to be buried in proclaimed cemeteries administered by responsible
trustees, with appropriate records being kept in perpetuity.
The trustees' role ensures the proper and lawful burial of dead bodies and that deceased persons are treated with respect across the generations, with gravesites accessible to all who may wish to visit them in the future.
The Act does allow burial on land that is not a gazetted cemetery, subject to the prior approval of the Minister for Local Government, but considered in the most exceptional circumstances.
We’re reviewing WA’s Cemeteries Act 1986 and Cremation Act 1929.
We want to reduce unnecessary red tape and make legislation clearer and more consistent for the funeral industry and general public.
Have your say on issues such as cemetery redevelopment, alternative methods for the disposal of human remains, burials outside of proclaimed cemeteries, cremation services and the licensing of funeral directors and monumental masons.
Consultation closes at 5pm Friday 16 February 2024.
The Minister may authorise, under Section 12 of the Act, burial on land that is not a declared public cemetery. Approval may only be granted if the land is reserved for the purpose of burials under the Land Administration Act 1997 or where the land is
an area that is visibly set apart and distinguishable as a burial place.
The department's role is to process applications seeking authorisation and assess considerations for exceptional circumstances. The burials outside a proclaimed cemetery application form contains contact details and notes to guide applicants.
Exhumations in Western Australia (WA) are governed by the Act. Under section 58 of the Act, the Minister may in writing order the exhumation of a body and the re-burial or disposal of ashes after cremation of the body in accordance with the Act. The Minister may also order how and by whom the costs of the exhumation, re-burial and disposal shall be met.
If you wish to apply for an exhumation under section 58 of the Act, please provide the following information and accompanying documents to the Department of Local Government, Sport and Cultural Industries (DLGSC):
Information and accompanying documents can be submitted to DLGSC by email at email@example.com or postPO Box 8349, Perth Business Centre WA 6849.
If you need help with an application, please telephone us on 61 8 6552 1530 or email firstname.lastname@example.org
Upon receipt of an application, we will review all required information and ensure all documentation is attached before it is submitted to the Minister for approval.
You should allow at least 7 working days from when DLGSC receives all information, for the application to be processed and a decision to be made. Depending on the circumstances, further time may be required.
Once the Minister's decision has been made, you will receive a letter of advice by email.
Free maps and other information are available from Landgate and Australian Cemeteries.
Do not submit enquiries with this form.