Bega Valley Shire Council has flagged the possibility of letting landowners bury up to four people on their property. Photo: David_Bokuchava.
A South Coast council has put forward a shake-up of restrictions around home burials.
Currently in NSW, people can bury a person on private land if the land is at least five hectares and it has been approved by the relevant council.
Under a new proposal from Bega Valley Shire Council (BVSC), people would be able to bury up to four people on private land without prior permission.
The council’s director of community, environment and planning Emily Harrison said the proposal was created for a simpler approach to the issue.
“This tries to find the right balance between ensuring … risk is considered, but also ensuring that for those families who do want to consider a private burial, they’re not being asked to complete a full DA [development application], particularly at what is obviously a very challenging time,” she said.
According to council documents outlining the draft proposal, there are access and location standards a gravesite would need to meet.
“These requirements will ensure that there will not be any adverse impacts to critical habitat or threatened species, populations or ecological communities, or their habitats, because of this planning proposal,” the draft policy reads.
They would need to be more than 100 metres away from water sources (including gullies, intermittent waterways and drinking/domestic water sources) and must be at least 20 metres from the boundary of adjoining sites (including strata, dwelling sites and community title lots).
The location can’t have acid sulfate soil or a high water table, or be considered flood liable or flood prone.
A grave also cannot interfere with any existing infrastructure.
The burials could also only happen on properties at least five hectares in size, while no more than four bodies can be interred on a property.
All landowners would have to give written consent to each burial and BVSC would need to be informed within a set timeframe.
“Council will not support burial structures such as burial chambers or vaults as exempt development [under the policy],” the proposal reads.
The proposal also requires that the burial be carried out by a licensed undertaker and that each body must be laid to rest in a coffin.
During the council discussion on the proposal, Councillor David Porter questioned what would happen if properties were sold with bodies buried within them, should the policy go into effect.
Ms Harrison said any disputes would likely be a civil matter rather than something BVSC would need to be involved in.
“[The proposal] says that burial sites need to be registered on title so that it is an official record, and it carries on with the title of the land.
“Generally, there’d need to be an easement, and there’d be some, I guess, protection for that site into the future.”
According to the proposal, graves would need to be accessible and added to the property file by a registered land surveyor.
“The right-of-access shall provide future visitor access to the burial site and shall be of sufficient area to allow any future servicing requirements,” the document states.
Ultimately, councillors voted unanimously to put the Burials on Private Land policy on public exhibition for community feedback.
