Burial and cremation are the only legal ways of disposing of human remains in South Australia [Burial and Cremation Act 2013 (SA) s 7]. Human remains should be treated with dignity and respect at all times [s 6].

Place of burial

Apart from very limited exceptions, it is generally an offence to bury a human body in a place that is not an authorised cemetery or natural burial ground [s 8].

Overseas burial

It is possible to export a body where the deceased or next of kin has requested that the burial take place overseas. Health authorities must approve a request for export. If, for example, communicable diseases are prevalent in South Australia at the time of death, permission may be refused. This procedure is free of charge, but transportation costs are not.

Interment rights

A right to be interred at a particular cemetery or natural burial ground can be issued by the relevant authority pursuant to the Burial and Cremation Act 2013 (SA). Subject to some exceptions, it is an offence for the relevant authority of a cemetery or natural burial ground to fail to comply with its obligations under an interment right, even if:

It is an offence to exhume or remove bodily remains from their place of interment, or re-inter in a cemetery or natural burial ground bodily remains that have been exhumed or removed from their place of interment, without the permission of the Attorney-General [s 13].

Cremations

It is an offence to cremate someone elsewhere than a lawfully established crematorium [Burial and Cremation Act 2013 (SA) s 9(2)].

A cremation may only take place if a cremation permit has been issued in relation to the body by the Registrar of Births, Deaths and Marriages [s 9(1)].

Human remains may not be cremated if the personal representative, parent or child of the deceased person objects to the cremation, unless the deceased person directed, by a will or some other signed and witnessed document, that their body be cremated [s 9(3)].

Once a body has been cremated, the ashes may be disposed of or kept as determined by the executor of the estate.

It is an offence to remove cremated remains from an interment site at a cemetery or natural burial ground or re-inter in a cemetery or natural burial ground cremated remains that have been removed from an interment site [s 13].

Scattering ashes

Cremated remains may be scattered on private property with the permission of the landowner.

Ashes may be scattered on public land, such as a park, reserve or beach, with the permission of the local authority or local council. Check the website of the relevant location or local council for more information. Some locations may have specific rules about where, how and when ashes may be scattered (see for example the City of Victor Harbor's information on the scattering of ashes in a public place).

Cremated remains may generally be scattered at sea or in a river without permission or a permit. There are services that can help dispose of ashes at sea, such as the South Australian Sea Rescue Squadron.

Ashes may generally be taken on aeroplanes with the permission of the airline and an official letter or document from the crematorium verifying the contents. Check specific requirements with the airline well ahead of the flight.

Scattering ashes should be done respectfully and with dignity, and if possible without disturbing the religious, spiritual or cultural values of others.