Burial Rules in Tasmania: What the Law Requires Before You Dig

Most Tasmanians assume that arranging a burial is the funeral director's job and that the paperwork sorts itself out. In straightforward cases — a registered cemetery, a standard interment — that is largely true. But even standard cemetery burials involve regulatory requirements that can surprise families, and private land burial involves a multi-agency approval process that has stopped more than a few families cold.

This post explains Tasmania's burial framework under the Burial and Cremation Act 2019 and its 2025 Regulations: what documentation is required, how cemetery rules work, and what the process looks like for families seeking to bury on private property.

The Legal Foundation: Burial and Cremation Act 2019

The Burial and Cremation Act 2019 (Tas) replaced the older Burial of Bodies Act and came into effect alongside the Burial and Cremation Regulations 2025. Together, these instruments govern who can carry on a regulated funeral business, how cemeteries are managed, what conditions must be met for burial, and the separate regime for private land interment.

Enforcement sits with the Department of Premier and Cabinet (Director of Local Government). The Director oversees a register of licensed funeral businesses, manages crematorium approvals, and administers the private burial approval process.

What Documentation Is Required for Burial?

Before any burial can proceed, two documents must be in order.

Medical Certificate of Cause of Death (MCCD): The attending medical practitioner must issue this within 48 hours of death. The MCCD is what allows the body to be lawfully transported. Without it, neither a funeral director nor a family member can legally move the remains.

If the Coroner is involved: For unexpected, unnatural, or suspicious deaths, the Coroner assumes jurisdiction. A Coroner's release authority must be issued before burial can proceed. The MCCD is not issued in these cases.

Unlike cremation, burial does not require a separate permit under standard conditions. The MCCD (or Coroner's release) is the critical document for cemetery burial.

Within seven days of the burial, the funeral director (or the family for a home funeral) must file a written statement of disposal with the Registry of Births, Deaths and Marriages Tasmania. Missing this deadline carries a fine of up to 10 penalty units.

Cemetery Rules in Tasmania

Tasmania's cemeteries are regulated under the Burial and Cremation Act 2019 and managed at a local level — public cemeteries are typically administered by local councils or appointed cemetery managers.

Key rules that affect families:

Certificate of Exclusive Right of Burial: When a family purchases a burial plot, the cemetery manager must issue a Certificate of Exclusive Right of Burial within 30 days of sale. This is the formal document confirming your exclusive right to use that plot for interment. Keep it safe — it is required for subsequent interments in the same plot.

Above-Ground Vaults and Mausoleums: If the burial will be in an above-ground vault or mausoleum rather than in-ground, Tasmania law imposes an additional requirement. The cemetery manager must ensure the body is arterially embalmed, and the vault must be secured against insects, vermin, and the escape of bodily fluids or odours. This is one of the narrow situations in Tasmania where embalming is legally required rather than optional.

Depth and Site Requirements: Cemetery managers set site-specific rules about coffin depth, coffin material, and permitted grave markers. Contact the specific cemetery early to confirm their requirements — they vary between metropolitan Hobart and regional sites like Carr Villa Memorial Park in Launceston.

Eco-Coffins and Natural Burial Sections: Several cemeteries in Tasmania have dedicated natural burial sections where eco-coffins, cardboard coffins, or wicker coffins are permitted and sometimes required. Standard sections may have different rules. Ask the cemetery manager which section is appropriate before making commitments.

Private Land Burial in Tasmania: The Three-Step Approval

Some families have a strong cultural, emotional, or practical reason to bury a loved one on private rural property rather than in a registered cemetery. Tasmanian law allows this — but the process is rigorous and time-consuming, and urban allotments are strictly forbidden.

The approval involves three distinct levels of authority.

Step 1: Landowner Written Consent

The legal owner of the property must provide explicit written permission for the burial to proceed on their land. If the family member seeking burial also owns the land, this is straightforward. If the property is owned by a company, a trust, or another individual, that consent must be secured first and in writing.

Step 2: Council Application

A formal application must be lodged with the General Manager of the relevant local council. The application must include:

• A detailed topographic plan showing the proposed grave location
• The positions of existing structures, watercourses, drainage lines, and property boundaries
• Details about the lot size and land use

The council assessment includes whether the site is within required setback distances from watercourses, bores, or neighbouring properties. If the council's environmental health officer (EHO) needs additional information, they will request it — do not book a funeral date before this stage is resolved.

Step 3: EHO Soil Test and Director of Public Health Approval

The council will require you to dig a test hole at the proposed grave site. This hole — typically one to 1.5 metres deep — allows the Environmental Health Officer to physically inspect the soil profile and assess the depth to the water table. The purpose is to ensure that decomposition fluids will not contaminate groundwater.

If the EHO is satisfied, the council forwards the application to the Director of Public Health for final state-level authorization. Only once that approval is issued can the burial proceed.

The Tasmania Funeral Laws & Consumer Rights Guide includes the complete application tracker for private land burial, including a checklist of what each agency requires at each stage and the specific warning about land access after the property is sold.

The Title Access Problem: Plan Before You Commit

If a family member is buried on private property and the property is subsequently sold, the new owner has no legal obligation to grant the family access to visit the grave — unless a legal covenant or access easement has been registered on the title at the Land Titles Office before the sale occurs.

This is one of the most commonly overlooked long-term implications of private land burial in Tasmania. Families are so focused on the immediate process that they do not obtain legal advice about securing permanent access. A solicitor experienced in property law can draft an easement or covenant that travels with the title and protects the family's access rights regardless of future ownership.

If you are considering a private burial, this step is not optional — it is essential.

What If the Approval Process Cannot Be Completed Before the Body Must Be Disposed Of?

Private burial approvals are not rushed. Council officers, EHO inspections, and Director of Public Health reviews take time. If a death occurs and the family has not pre-applied, the approval timeline will almost certainly conflict with Tasmania's legal requirement that the body be kept at or below 5°C if retained at home.

Families should:

1. Begin the private burial application process while the person is still living, if possible
2. Arrange refrigeration or cooling (dry ice, techni-ice) for the body if the death occurs before approvals are finalized
3. Notify BDM in writing if the body has not been disposed of within 30 days of death

If the private burial approval cannot be completed in time, a registered cemetery burial remains available as a fallback. In some cases, a temporary cemetery interment followed by exhumation and re-interment on private land is legally possible, but this requires additional Coroner and council involvement.

For the full private land burial approval tracker and the legal questions to ask your council before applying, see the Tasmania Funeral Laws & Consumer Rights Guide.

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