Burial and cremation are the only legal ways of disposing of human remains in South Australia [Burial and Cremation Act 2013 (SA) s 7].

Place of burial

It is an offence to bury a human body in a place that is not a currently authorised cemetery or natural burial ground [Burial and Cremation Act 2013 (SA) s 8].

Cremations

It 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)].

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

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 [Burial and Cremation Act 2013 (SA) s 9(3)].

Overseas burial

It is possible to export a body where the deceased or next of kin have 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). From 23 February 2023, 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:

The maximum penalty is $10,000 for a natural person or $20,000 for a body corporate [s 35]. Some exceptions apply.

There are further offences relating to interment sites in section 13, including: