Attachment 1 - Proposed Legacy Plot Reservation Management Policy

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   •   Promote transparency by clearly outlining Council’s approach to the review and
       management of unused and historical interment rights

This Policy specifically provides direction for:
   •   The identification and management of unused, historical or unclaimed plot
       reservations
   •   Decision-making relating to the retention or administrative return of interment rights


SCOPE


This Policy applies to the three Council-managed cemetery sites at Pomona, Tewantin and
Cooroy.

This Policy applies retrospectively and prospectively to all plot reservations, including both
burial and ashes interment sites.

The Policy applies to plot reservations which:

   •   Were reserved more than 25 years ago; and
   •   Have remained vacant and unused, that is no interment of human remains has
       occurred.

The Policy does not apply to:

   •   Plots where any form of interment has already occurred; or
   •   Current interment rights where the holder (or their lawful decision maker) has
       demonstrated ongoing use or intent within the defined notice period.

The Policy provides a framework to determine whether an interment rights holder, or their
lawful decision maker, wishes to:
   •   Retain the interment plot; or
   •   Relinquish the interment right to Council for future community use.

This Policy applies to:
   •   Councillors
   •   Council employees
   •   Authorised non-Council employees (e.g. contractors)

REVIEW

This Policy will be reviewed once per Council term (every four years) or as required from
time to time.

DEFINITIONS

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Term                    Meaning

Administration Return   The formal cancellation and reversion of interment rights for an
                        unused plot back to Council following notice and absence of a
                        valid claim

                        The placement of human remains in a coffin, casket or other
Burial
                        approved container into an earth grave.



CEO                     Chief Executive Officer of Noosa Shire Council


Councillor              Elected representative, who set the strategic direction for the
                        organisation, monitor performance, liaise with stakeholders and
                        represent our Shire.


Cremation               The act of disposing of a dead person’s body by burning.


Executive Team          Council’s team of senior executive officers which are led by the
                        CEO and includes five Directors.


                        The burial of human remains in the earth, or the placement of
Interment
                        human remains or cremated remains in a mausoleum, vault,
                        columbarium, or other structure designed for that purpose.


                        The right to use a specific burial plot or place for ashes for the
Interment Rights
                        interment of human remains, granted by a cemetery authority in
                        accordance with relevant laws and policies.


                        The individual recorded in the cemetery register as the holder of
Interment Rights
Holder                  an interment right, being the person who has been granted the
                        right to use a specific interment site and who has authority to
                        determine the interment of human remains or cremated remains
                        in that site, in accordance with the applicable terms and
                        conditions.


                        A designated place within a cemetery for the interment of human
Interment Site
                        remains, including burial plots and locations for the placement of
                        cremated remains.

                        A person who is legally authorised to make decisions in relation
Lawful Decision
Maker                   to an interment right or interment site. This includes: (a) the

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Term                  Meaning
                      interment rights holder; (b) an executor or administrator of a
                      deceased estate; (c) a legally appointed representative (e.g.
                      enduring power of attorney); or (d) a person recognised under
                      applicable legislation or able to demonstrate lawful authority.



Noosa Shire Council   The organisation of the Noosa Shire as established by the Local
                      Government Act 2009 in Queensland.

Notice Period         The minimum period of 90 days provided by Council, following
                      written or public notice, within which an interment rights holder or
                      lawful successor may respond before burial rights may be
                      administratively returned to Council.


Plot                  A designated location within a cemetery for interment.

Public Notice         A formal notification made publicly available to inform the general
                      community of a matter or action, including via newspapers,
                      Council website, or other appropriate channels.

Reasonable Period     A timeframe considered by Council to be fair and sufficient to
                      enable a response, having regard to the circumstances and
                      method of notification.


Refund                The return, in whole or in part, of fees previously paid for
                      interment rights.


                      Pre-purchased interment rights for a specific burial plot or ash
Reservation
                      interment site that have not yet been exercised.


                      Area within the Noosa Shire that has been established as a local
Shire
                      government.
                      An interment site where no interment of human remains or
Unused Plot
                      cremated remains has taken place.

                      Written communication provided to specific individuals or parties
Written Notice
                      (such as interment rights holders or lawful decision maker) to
                      inform them of a proposed action or decision and provide an
                      opportunity to respond.

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COUNCIL POLICY

To give effect to this Policy, Council adopts the following:

1. Policy Rules

Council will:

    •   Identify plot reservations that were granted more than 25 years ago
    •   Apply this Policy only to unused plots where no interment has occurred for a period
        of 25 years or more
    •   Make decisions regarding the retention or administrative return of interment rights
        under delegated authority in accordance with Council’s governance framework
    •   Require that interment rights may only be retained where:
           o the interment rights holder or lawful decision maker responds within the 90-
               day notice period; and
           o a clear intention to retain the plot is confirmed; and
           o there is sufficient evidence to establish the claimant’s identity and entitlement.

    •   Provide for the administrative return of interment rights to Council where:
           o the interment rights holder or lawful decision maker relinquishes their
               interment rights;
           o the interment rights holder or lawful decision maker cannot be contacted after
               reasonable efforts; or
           o no response is received within the 90-day notice period.

2. Principles

Council will administer this Policy in a manner that is:

    •   Respectful of community expectations and the sensitive nature of interment rights
    •   Transparent and consistent in decision-making
    •   Fair and reasonable, applying principles of natural justice and procedural fairness
    •   Sustainable, supporting the long-term availability of cemetery land
    •   Evidence-based, supported by documented records and communication efforts.

3. Contact and Notification Process

Council will use all reasonable efforts to contact interment rights holders or their lawful
decision makers.

This includes:

a) Direct Contact

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    •   Written correspondence to the last known contact details held by Council
    •   Use of available information to locate updated contact information

b) Public Notification (where contact cannot be established)
    •   Publication of a public notice in a newspaper circulating within the local government
        area; and
    •   Publication on Council’s website.

4. Notice Requirements

Council will provide 90 days’ written notice prior to any administrative return of interment
rights.

Two stages of notice will apply:

    1. Direct Notice (where a contact is known):
           a. Issued to the interment rights holder or lawful decision maker
           b. Outlines Council’s review and available options
    2. Public Notice (where contact cannot be confirmed):
           a. Issued where Council is unable to locate or verify an interment rights holder
           b. Provides an opportunity for any lawful claimant to come forward

Where no response is received within the 90-day notice period, Council may proceed with
the administrative return of the interment right.

5. Decision-Making Considerations

In making decisions under this Policy, Council will consider:

    •   Whether the plot is vacant and unused
    •   The length of time the plot has remained unused
    •   The availability and reliability of Council records
    •   Whether reasonable notice has been provided
    •   Whether any response or claim has been received
    •   Any information provided by an interment rights holder or lawful decision maker
    •   Broader operational and community impacts

All decisions will be made transparently and supported by documented reasons.

6. Records Management

Council will:

    •   Maintain accurate and up-to-date cemetery records
    •   Retain documentation relating to contact attempts, notices issued, and decisions
        made under this Policy

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   •   Support effective contact with interment rights holders
   •   Reduce the risk of future administrative uncertainty and disputes through
       documentation of decisions and communication with interment rights holders

7. Late Claim Following Administrative Return

Where interment rights have been administratively returned to Council in accordance with
this Policy, Council may consider late claims from persons asserting they are the interment
rights holder or lawful decision maker, received after the expiry of the notice period.

In considering a late claim, Council will:

   •   Require sufficient evidence to establish the claimant’s identity and entitlement
   •   Consider whether the plot has:
          o remained unused; and
          o not been reallocated, resold or utilised.

Where the plot remains available, Council may, at its discretion:

   •   Reinstate the interment right to the claimant; or
   •   Offer an alternative comparable plot, where appropriate

Where the plot has already been reallocated, resold, or utilised, Council:

   •   Will not reinstate the original interment right; and
   •   May, at its discretion, offer:
         o an alternative plot; or
         o a refund of the original fee (where supported by available records)

All decisions relating to late claims will be made in accordance with principles of procedural
fairness, available evidence, and Council’s obligations to the broader community.

8. Refunds

Council may consider a refund of reservation fees associated with interment rights where the
original interment rights holder, or their lawful decision-maker, is living and submits a request
supported by sufficient evidence of the original payment and claimant’s identity.

ROLES AND RESPONSIBILITIES

   Councillors

   •   Adopt Council’s Legacy Plot Reservation Management Policy.
   •   Provide strategic oversight and policy direction for cemetery governance.

   Chief Executive Officer (CEO) and Executive Team

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   •   Support the implementation of this Policy and ensure appropriate governance,
       resources, and oversight are in place.
   •   Ensure compliance with this Policy, relevant legislation, and Council frameworks.

   Community Connection Branch

   •   Administer Burial Rights and cemetery operations in accordance with this Policy and
       delegated authority.

   •   Ensure decisions, actions and communications under this Policy are appropriately
       documented.

   Community Connection Manager

   •   Provide oversight of policy implementation and periodically review the Policy to
       ensure it remains effective and fit for purpose.
   •   Provide advice and guidance to staff and the community in relation to the application
       of this Policy.

   Authorised Non-Council employees (e.g. contractors)

   •   Comply with this Policy when undertaking cemetery-related activities on behalf of
       Council.

RELEVANT LEGISLATION

   •   Local Government Act 2009 (Qld)
   •   Land Act 1994 (Qld)
   •   Cremations Act 2003 (Qld)
   •   Public Health Act 2005 (Qld)
   •   Births, Deaths and Marriages Registration Act 2003 (Qld)
   •   Burial Assistance Act 1965 (Qld)
   •   Coroners Act 2003 (Qld)
   •   Aboriginal Cultural Heritage Act 2003 (Qld) and Torres Strait Islander Cultural
       Heritage Act 2003 (Qld)

ASSOCIATED DOCUMENTS

   •   Council Privacy Policy
   •   Council Human Rights Policy


HUMAN RIGHTS STATEMENT

In developing this Policy, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject
matter does not conflict with any human rights and supports a human rights approach to
decision making by Council.

Council representatives will endeavour to act and make decisions under this policy in a
manner that is compatible with human rights. Representatives will endeavour to:

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•     Identify relevant human rights which may be affected by the action or decision
•     Give proper consideration to the impact of its actions and decisions on human rights; and
•     Ensure that any conduct or decision by Council which limits an individual’s human rights
      is reasonable and justifiable.

This Policy should be read in conjunction with Council’s Human Rights Policy.


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