Chapter 11
Problems with the current legislative scheme for burial and cremation

11.1Given the age of the legislation, it is perhaps unsurprising that we have found a wide range of problems with the current legislative scheme for the provision of facilities for the burial and cremation of bodies. The majority of these problems relate to burial—the lack of recognition of the diversity of cultural and religious needs, the unclear legal status of land used for burial and the lack of certainty of the obligations of managers of that land. However, we have also identified problems with the legal procedures for establishing new crematoria and with the current general obligations on people disposing of bodies.