AustLII Tasmanian Consolidated Acts

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BURIAL AND CREMATION ACT 2002 - SECT 40

PART 4 - Other disposal of human remains 40. Use of Aboriginal land for Aboriginal cremations

      (1) A person who wishes to conduct an Aboriginal cremation on Aboriginal land must apply, in writing, to –

(a) the Aboriginal Land Council of Tasmania for approval to use the Aboriginal land specified in the application for the purpose of an Aboriginal cremation; and

(b) the Director of Public Health for approval to use that Aboriginal land for the purpose of an Aboriginal cremation.

      (2) On receipt of an application under subsection (1)(b), the Director of Public Health is to consult with the general manager of the council in the municipal area of which the Aboriginal land is situated.

      (3) The Director of Public Health must not give approval for the use of Aboriginal land for the purpose of an Aboriginal cremation unless he or she is satisfied that the person who wishes to conduct the Aboriginal cremation has obtained the approval of the Aboriginal Land Council of Tasmania for that use.

      (4) Notwithstanding anything in this Act, it is lawful to conduct an Aboriginal cremation in accordance with this section.


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