LEGACY PLOT RESERVATION MANAGEMENT POLICY · Report

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GENERAL COMMITTEE MEETING                                                                   9 JUNE 2026


REPORT
This report seeks Council's approval to adopt a Legacy Plot Reservation Management Policy ("the
Policy") to guide the review and potential reclaiming of reserved cemetery burial and ashes interment
plots where reservations remain unused for 25 years or more.

1. Background

Tewantin, Cooroy and Pomona Cemeteries are long-standing community assets that provide
essential burial, cremation and memorial services to the Noosa Shire. Over many decades, burial
and ash interment plots have been reserved and allocated under arrangements that effectively
granted perpetual tenure, as there was no requirement to use the reserved allocation within a defined
timeframe.

A review of cemetery records has identified approximately 225 unused and reserved burial plots
across all three cemeteries: 113 at Tewantin, 52 at Cooroy and 60 at Pomona Cemetery. At the
same time, Tewantin Cemetery has reached capacity for new traditional burial plots, and
opportunities for expansion are limited. While Cooroy and Pomona Cemeteries currently retain
available capacity, there is a need to ensure consistent and proactive management across all sites
to avoid future constraints.

Reasons why reserved plots are not ultimately used for burial vary. In some cases, the original plot
holder has passed away and been buried outside the Noosa Shire or has chosen cremation instead.
In other instances, the individual has been interred in an existing family grave or ash interment site,
either due to lack of awareness of a previously reserved plot or because utilising an existing site was
more cost-effective. As a result, these reserved but unused plots remain unavailable for reallocation
and cannot be used to meet current community demand.

2. Review Process and Policy


Council is seeking to implement a process to review and, where appropriate, reclaim reserved plots
that have remained unused for 25 years or more and return the interment rights that applied to these
reservations to Council. While the process is initially aimed at reviewing burial plot reservations, it
will be applicable to ashes interment plot reservations as well to manage these in an equitable
manner going forward.

To ensure fair, transparent and equitable management, the process will be governed by a formal
Legacy Plot Reservation Management Policy (as at Attachment 1) and detailed supporting
procedures. This enables a structured, transparent and consistent approach to the identification,
review, and where appropriate, the administrative return of interment rights to Council.

The proposed approach involves identifying eligible unused and reserved plots and undertaking
reasonable, documented efforts to contact registered plot reservation holders or identifiable lawful
decision makers using available records. Where direct contact cannot be established, broader
notification methods such as public notices will be used to ensure that any potential claimants are
given a reasonable opportunity to come forward. A response period of 90 days will be provided to
allow plot holders or families to confirm their intention to retain interment rights.

Where no response or claim is received within 90 days, unused plots may be returned to Council
control for future allocation. This initiative will support improved utilisation of existing cemetery land,
assist in addressing immediate capacity issues at Tewantin Cemetery, and contribute to more

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GENERAL COMMITTEE MEETING                                                                 9 JUNE 2026


effective long-term planning across all cemeteries.

Any potential plot reclamation would only occur following review and authorisation by the relevant
manager or director to ensure policy and process compliance.

A safety net will be included to manage, in the rare circumstance, a person coming forward to claim
a reserved plot after the notification period expires. Council will retain a vacant plot at each Cemetery
to provide a space for these situations.

3. Legislative Context


Queensland does not have a legislative framework to govern cemetery management and there is no
specific legislative direction on how unused or unclaimed plots may be reviewed or recovered. This
creates uncertainty and limits local governments’ ability to manage historical allocations in a
consistent, transparent and legally robust manner.

In response, many Queensland councils have developed local laws, policies or administrative
processes to address unused plot reservations. These approaches typically establish review
mechanisms, notification requirements, and decision-making processes within existing legislative
constraints. The proposed Legacy Plot Reservation Management Policy aligns with this emerging
practice and will provide clear governance and consistent, equitable decision-making.

Other Australian jurisdictions have more defined legislative frameworks. For example, Victoria allows
unused interment rights to be cancelled after a defined period where the right has not been exercised
and the holder cannot be located. New South Wales provides for both perpetual and renewable
interment rights, with unused rights able to be revoked subject to due process. Similarly, South
Australia and Western Australia have established frameworks that enable the renewal, surrender
and, in some cases, reuse of burial sites.

These approaches demonstrate that reclaiming unused plots can be effectively managed when
supported by clear processes, appropriate safeguards and transparent community engagement. In
the absence of specific legislation in Queensland, it is appropriate for Noosa Council to establish a
local policy framework to manage unused plots responsibly and ensure limited cemetery land is used
in the long-term interests of the community.

4. Implementation


Before implementing the Policy, Council will undertake a targeted community awareness program to
inform stakeholders, including existing Interment Rights Holders and their lawful successors, funeral
directors, the broader community, and relevant Council staff. The awareness program will utilise a
range of communication channels, including Council’s website, direct correspondence, and public
notices, to ensure information is accessible and widely disseminated.

The Policy will then be implemented through a gradual, staged approach, commencing with targeted
communication to existing Interment Rights Holders known to Council. Internal training and guidance
will be provided to relevant Council staff to ensure consistent application of the Policy and to support
enquiries. The process will commence in July 2026.

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GENERAL COMMITTEE MEETING                                                               9 JUNE 2026


Link to Corporate Plan
Theme No. 2 - Liveability
Liveability encompasses housing, facilities and services, transport, health and wellbeing to enable
an inclusive, connected and vibrant community.
Objective 2.6: Ensure community facilities and services are inclusive, accessible and meet the
evolving needs and interests of residents across the shire.
Objective 2.7: Fund and deliver sustainable assets and facilities and associated services responding
to the changing needs of the community and the challenges and opportunities of the future.




Previous Council Consideration
Nil.


Finance
Adopting this policy will result in upfront administrative and communication costs associated with
stakeholder engagement, records review, and implementation activities. These costs are expected
to be offset over time by financial and operational benefits. The reallocation of unused plots will
improve utilisation of existing cemetery assets, generate additional burial and cremation revenue,
and defer the need for future expenditure on land acquisition and development.

Provision has also been made for the potential consideration of limited refunds in cases where
interment rights holders provide sufficient evidence of original payment; however, such instances
are expected to be minimal and will be managed within existing operational budgets.


Risk & Opportunities
Opportunities
•      Improves burial availability at Tewantin Cemetery, where capacity has been reached, without
       acquiring new land.
•      Ensures fair and equitable access to burial and ashes plots by returning long-unused plots to
       active use.
•      Supports long-term, sustainable management of Council owned cemetery land across all site.
•      Improves the accuracy and integrity of cemetery records over time through the review and
       validation process. Before implementing the policy, Council will undertake a targeted community
       awareness program and ensure consistent application through staff training and guidance.
Risks
•      Difficulty contacting plot holders or their legal decision makers due to incomplete or outdated
       historical records. Generous notification periods and a safety net have been incorporated to
       mitigate this.
•      Reputational risk to Council if the policy is not clearly communicated or applied consistently.
       Council will undertake a targeted community awareness program and ensure consistent
       application through staff training and guidance.
•      Potential for disputes between family members or claims from lawful successors. This risk is
       mitigated through clear evidence requirements, defined processes, and adherence to principles
       of procedural fairness.

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GENERAL COMMITTEE MEETING                                                                        9 JUNE 2026


•       Limited financial risk associated with potential refund requests; however, this is expected to be
        minimal and is mitigated through requirements for sufficient evidence of payment and Council
        discretion in determining outcomes.


Human Rights
Human Rights Compatibility Statement
In developing this Report, 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 report in a
manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy.


Consultation
External Consultation - Community & Stakeholder
•       Funeral Directors
•       Traditional Owners
•       Neighbouring Councils
•       ACCA (Australasian Cemeteries & Crematoria Association) -Peak industry body offering
        standards and sector insights.
•       Religious Organisations -Faith-based groups with specific interment practices and requirements.
Internal Consultation
Departments consulted:
        Office of the CEO, Mayor &              Community Services               Corporate Services
                Councillors
    x     Mayor & Councillors             x   Director                        Director
    x     Chief Executive Officer         x   Community Development       x   Financial Services
          Executive Officers                  Sport & Active Lifestyles       Fleet
    x     Community Engagement                Arts & Culture                  Revenue Services
          People & Culture                x   Community Connection            ICT
    x     Governance                          Customer Experience             Procurement

                                                                              Commercial Property

         Strategy & Environment               Development & Regulation        Infrastructure Services
    x     Director                            Director                        Director
          Strategy & Sustainability           Development Assessment          Infrastructure Planning, Design
                                                                              and Delivery
          Economic Development        &   x   Local Laws                      Civil and Asset operations
          Destination Management
          Environmental Services              Environmental Health            Waste
          Innovation & Digital Hub            Building & Plumbing             Building & Facilities
                                              Property / Permits              Disaster Management