Burials and exhumations

The 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.

Burial rights at East Rockingham Pioneer Cemetery

The East Rockingham Pioneer Cemetery was closed from 1 July 2009 by an order published in the Government Gazette on 1 May 2009. 

A new order of the cemetery was published in the Government Gazette on 29 November 2024 and is now in effect.

Under the current order, the cemetery remains closed but there are some exceptions that allow burial in certain circumstances. The intention of the current order is to allow a sensible and compassionate process for grant holders or those with loved ones buried at the cemetery.

Under the new provisions:

  • Any person listed in the order’s schedule is able to be buried at the cemetery.
  • Any person who obtained or attempted to renew a grant of burial between 1 July 2007 and 30 June 2010 can apply to the City of Rockingham to be buried at the cemetery.
  • Any other person may seek a Ministerial exemption to be buried at the cemetery by completing an application form and submitting to Department Local Government, Sport and Cultural Industries at legislation@dlgsc.wa.gov.au

    More information is available on rockingham.wa.gov.au/cemetery or contact the City of Rockingham at customer@rockingham.wa.gov.au or on 61 8 9528 0333.

    The Department of Local Government, Sport and Cultural Industries is maintaining a list of individuals who they are aware may fall within one of the exceptions set out above.

    If you have any further concerns or questions, please contact us on telephone 61 8 6552 1530 or email legislation@dlgsc.wa.gov.au.

    Applications

    Review of the Cemeteries Act 1986 and Cremation Act 1929

    Our public consultation has closed. We are now analysing submissions to inform the review and a public summary of feedback will be released after this has been completed.

    Thank you to everyone who provided a response.   

    Statutory requirements

    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.

    Applications

    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.

    Policy on burials outside proclaimed cemeteries

    Burials in the State of Western Australia are governed by the Cemeteries Act 1986. The Act effectively provides that a person cannot be buried in a place other than a cemetery that has not been closed.

    The Minister does, however, have the power to authorise a burial in a place other than a proclaimed cemetery. Specifically:

    S12. Minister may authorise burial

    The Minister may authorise the burial of a dead body in a place other than a cemetery where:

    1. the burial is to take place on land that is reserved under the Land Administration Act 1997 for the purpose of burials but is not a cemetery; or
    2. the Minister is satisfied that the burial is to take place in an area that is visibly set apart for and distinguishable as a burial place.

    The Minister will exercise his discretion in exceptional circumstances. This paper outlines the basis on which the Minister will make the decision and sets out the process for applying for approval.

    Why is there a requirement to be buried in a cemetery?

    It is important that a deceased person is treated with respect.

    If a decision is made by that person and/or their family that burial is the chosen method of disposal, a number of matters need to be taken into account:

    • providing for a respectful resting place
    • continued access to the site for grieving family members both now and into the future
      (Both the common law and equity have long been concerned to control the use and disposition of property by the dead hand from beyond the grave. The rule against perpetuities was formulated as part of the rules against remoteness of vesting by the courts to prevent people tying up property – both real and personal – for generation after generation. In essence, the purpose of the rule is to ensure that someone owns property absolutely and for their own benefit, within the time provided. This is further enshrined in legislation in Western Australia in the Property Law Act 1969.)
    • ensuring that the site is protected into the future, and remains undisturbed as much as is practicable
    • protecting public health and safety, and
    • preventing environmental harm.

    Consequently, the most appropriate place for a burial to occur is in a proclaimed cemetery. These are managed under the Cemeteries Act 1986 in perpetuity by cemetery boards or local government authorities, which have the expertise and resources necessary to maintain both the land and the cemeteries in good condition.

    What are the disadvantages of being buried outside a proclaimed cemetery?

    You cannot require that private land is kept in the family indefinitely into the future.

    Burial on private land could therefore potentially cause problems for the sellers of land as buyers may be unwilling to purchase land on which there are graves. It is also problematic for potential buyers as the burial compromises the current and future use of the land. It is strongly recommended that all burials on private land be registered with Landgate on the Certificate of Title to ensure that all potential buyers, or others with an interest in the land, are fully informed. In certain circumstances, the Minister may direct you to register the burial on the Certificate of Title as a condition of approval.

    Burial on private land can also lead to graves which are damaged or no longer able to be identified and/or located due to stock grazing, pastoral activities, exposure to the elements, erosion or someone's actions, inadvertent or otherwise.

    Families, including descendants, have no right of access. Access is dependent upon the approval of the current land owner. Although possible, making application to have remains exhumed and reinterred elsewhere when leaving the area is an involved process requiring Ministerial approval, which can be both distressing and costly for all involved.

    Why are burials outside proclaimed cemeteries sometimes allowed?

    It is recognised that special circumstances may exist that could lead to the Minister giving approval for burial in a place other than a proclaimed cemetery. This will, however, only be given in very limited circumstances.

    A number of factors are taken into account:

    • the distance from the nearest proclaimed cemetery. If the family is not able to undertake the return trip to the nearest cemetery in a day, special consideration may be given, and
    • whether there is a particularly significant association with the land.

    This is either:

    • historical – generally this will be considered to be where the person has a direct and continuous association to the land for at least three (3) generations, and has resided on the land for at least 30 years, either as a landowner, lessee/licensee or employee, or
    • traditional or cultural – the person has a particularly significant traditional or cultural association to the land, or
    • immediate family members are already buried at the burial site.

    Consideration will also be given to whether the granting of the request will create a risk to health or other nuisance, or cause reasonable offence to others. This may include requiring an environmental report to ensure any burial would not impact on a public water supply or unreasonably damage the land. Any such ancillary costs will need to be borne by the applicant.

    Land reserved under the Land Administration Act 1997 for the purposes of burials includes those cemeteries that have been closed. In this situation, a person may request burial with other members of their family who are already buried there.

    What is required if an application is being made?

    1. In all cases, the burial place must be an area that is visibly set apart for and distinguishable as a burial place. The application must be accompanied by a map and photographs or drawings clearly showing where the burial site is geographically located, and where in the existing burial ground that the grave is proposed to be dug. The GPS location should be provided, if possible. Existing graves should be marked on the drawing.
    2. In the case of land reserved under the Land Administration Act 1997 for the purposes of burials, written advice from the relevant cemetery board or local government stating that there is available space and that the land is suitable for the proposed burial.
    3. A death certificate or, where it is applicable, a Coroner's Order giving approval for the burial to take place. Approval will not be given in advance of death.
    4. Written consent of the next of kin to the burial.
    5. Written consent of all of the parties with claim over the land. If the land is privately owned, this is by the landholders. In the case of Indigenous burials on Aboriginal Lands Trust estate, this will be by the local Indigenous bodies/corporations with responsibility for the management of the land. If there are multiple Indigenous bodies or corporations with interest in or ownership of the land, it is important to gain
    6. Reasons for seeking the burial in that particular place (e.g. a letter detailing the deceased's connection to and history with the land).
    7. The proposed date of burial. You should allow seven days after receipt of all requested information for the application to be processed and a decision made. This will also give you time to make the necessary arrangements.

    How do I make an application?

    Complete the application form and send it to:

    Department of Local Government, Sports and Cultural Industries
    PO Box 8349 Perth Business Centre WA 6849
    Fax 61 8 6552 1555
    Email legislation@dlgsc.wa.gov.au

    For assistance, phone 61 8 6552 7300 or 1800 620 511 (toll free for country callers only)
    Translating and Interpreting Service (TIS): 13 14 50

    We realise that this is a stressful time for families and we will make every effort to process the application quickly so that a decision can be made and you can make the necessary funeral arrangements. To help us, please ensure you fully complete the application form and attach all of the necessary documents.

    Exhumations

    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):

    1. The identity of the deceased and details of their current grave site (e.g. name of cemetery, grave number, row and section).
    2. A copy of a death certificate/coroners form of the deceased.
    3. Written authorisation/consent from the next of kin, detailing the following:
      • stating relationship with the deceased (as next of kin);
      • reasons for the exhumation;
      • where the deceased will be exhumed from;
      • what will happen to the remains after the exhumation; and
      • stating agreement among family members.
    4. Confirmation from the cemetery board/local government advising that there is sufficient space for the deceased to be buried at the receiving cemetery (if applicable).
    5. The proposed funeral director/funeral company who will be conducting the exhumation, and cremation/re-burial (if applicable).
    6. Confirmation of who will bear the costs of the services.
    7. Where possible, a proposed date of the exhumation and re-burial (if applicable).

    Information and accompanying documents can be submitted to DLGSC by email at legislation@dlgsc.wa.gov.au or post
    PO Box 8349, Perth Business Centre WA 6849.

    If you need help with an application, please telephone us on 61 8 6552 1530 or email legislation@dlgsc.wa.gov.au

    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.

    Page reviewed 05 March 2025