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.
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.
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.
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:
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.
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:
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.
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.
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:
This is either:
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.
Complete the application form and send it to:
Department of Local Government, Sports and Cultural IndustriesPO Box 8349 Perth Business Centre WA 6849Fax 61 8 6552 1555Email 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 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 legislation@dlgsc.wa.gov.au 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 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.
Free maps and other information are available from Landgate and Australian Cemeteries.