The Burial and Cremation Bill will be withdrawn from Parliament in response to concerns of Territorians on how it relates to customary decision making on Aboriginal land.

The Labor Government governs for all Territorians and with legislation of this nature it is important that all Territorians understand and accept it.

The current Cemeteries Act 1952 predates the Aboriginal Land Rights (Northern Territory) Act 1976 and does not recognise the right of Aboriginal Territorians to conduct traditional burials on Aboriginal land.

The intent of the planned Bill included supporting traditional burials, allowing Aboriginal organisations and landowners to manage their own cemeteries, formalising kinship and cultural decision making and ensuring record keeping for future generations.

Penalties would only have applied in cases where burials occurred without a death certificate, permission from the next of kin and permission from the landowner.

The Labor Government would not have supported legislation that weakened the rights of Aboriginal Territorians and the Bill was intended to modernise legislation drafted around 70 years ago.

The current Act is old and no longer suitable.  While this Bill will not proceed, it is important that all parties work towards new legislation that:

-              is acceptable and understood by all Territorians;

-              recognises and supports traditional funeral practices;

-              supports landowners to make decisions about what happens on their land;

-              recognises the correct decision makers about burials;

-              shows respect by recording burial locations; and

-              manages burials outside of cemeteries so that graves are not disturbed by housing works, road works and other infrastructure.

The timing of new legislation will take as long as necessary to ensure the public understands and is comfortable with the way forward.

Quotes attributable to Minister for Local Government, Housing and Community Development, Gerry McCarthy:

“The new legislation was intended to better reflect the current practices and wishes of the Northern Territory community in relation to burials and cremations, including recognising the rights of Aboriginal people to make decisions about Aboriginal land.

“However, the burial of loved ones is a sensitive issue and as long as there are people in the community who have concerns about the changes, Government will not proceed with the legislation.

“Government will continue to work with those who have concerns toward contemporary legislation, supporting their ability to conduct burials on Aboriginal land.”

Media Contact: Jasmin Afianos 0419 361 127