1. What is a Grant of Right of Burial?

A Grant of Right of Burial (often referred to simply as a “Grant”) is a statutory tenure agreement issued by a cemetery board or local government under Section 25 of the Cemeteries Act 1986 (WA).

The Grant gives the holder (the Grantee) the exclusive right to:

• Conduct interments or place cremated remains within a specified grave plot, vault, or memorial niche (Section 25(1)).
• Apply for permits to construct, alter, or restore monuments (such as headstones, plaques, or footstones) on the plot (Section 30).

Legal Reference: Under WA law, a Grant does not convey real property or land ownership. It grants solely an exclusive licence for burial and memorialisation on crown/cemetery land (Section 25).

2. How long does a Grant last in Western Australia?

Under Section 25(1) of the Cemeteries Act 1986, a standard Grant is issued for an initial term of 25 years from the date of issue.

At the conclusion of the initial 25-year period, the Grantee (or an authorized representative) has the statutory right under Section 25(2) to apply for a renewal for a further 25-year term upon payment of the prescribed cemetery fee.

3. Why are Grants limited to 25 years instead of perpetual ownership?

Prior to 1 July 1987, under the predecessor legislation—the Cemeteries Act 1897 (WA)—cemetery authorities could issue tenure for varying periods, including 25, 50, 99 years, or in perpetuity.

When Parliament repealed the 1897 Act and enacted the Cemeteries Act 1986 (effective 1 July 1987), tenure was standardized statewide to 25-year renewable increments. This change was implemented to prevent unused or unmaintained land from remaining locked indefinitely, ensure ongoing funding for long-term cemetery maintenance, and standardize tenure across all public cemeteries in WA.

4. What happens if a Grant expires?

When a Grant expires and is not renewed under Section 25(2), exclusive burial rights over the plot revert to the managing cemetery authority or local council (Section 26).

If a Grant has lapsed:

• Interments prohibited: No further burials or placements of ashes can occur in that plot until the Grant is renewed or a new Grant is issued (Section 25).
• Monuments restricted: No monumental work or modifications may be authorized without a current Grant holder’s consent (Section 30).
• Cemetery Renewal: Unrenewed and expired plots located in designated redevelopment zones (such as those under the Metropolitan Cemeteries Board’s Cemetery Renewal schemes governed by Section 30 and Part V of the Act) may eventually be subject to headstone relocation or plot reuse according to legislative guidelines.

5. Who is the “Grantee,” and what are their legal responsibilities?

The Grantee is the individual registered in the cemetery records as the holder of the Grant (Section 25). Under Western Australian cemetery bylaws and the Cemeteries Act 1986, the Grantee is the sole person with authority to:

• Authorize who may be buried or interred in the grave.
• Apply for monumental permits to erect or clean headstones (Section 30).
• Apply to transfer or extend the Grant (Section 25, 26).

6. Can a Grant be transferred to someone else?

Yes. Under Section 26 of the Cemeteries Act 1986, a Grant of Right of Burial may be transferred to another person.

• Lifetime Transfer: The registered Grantee completes a formal Transfer of Grant of Right of Burial form with the cemetery board or local shire.
• Transfer Following Grantee’s Passing: The right to hold or transfer the Grant passes to the Executor of the Estate (or Administrator under Probate/Letters of Administration). Where no formal will or probate exists, cemetery boards require a Statutory Declaration (sworn under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA)) confirming the applicant is the closest living relative with claim to the plot and indemnifying the cemetery authority against competing claims.

7. What happened to old 50-year or 99-year Grants issued before 1987?

Under Schedule 2 (Clause 2) of the Cemeteries Act 1986, transitional provisions were enacted for all Grants issued under the former 1897 Act.

Parliament mandated that any pre-1987 Grant that had not already expired would collectively reach its statutory expiry date on 2 July 2012 (25 years after the commencement day of 1 July 1987). Families holding pre-1987 Grants must renew them under a standard 25-year extension pursuant to Section 25(2) if they wish to conduct further interments or carry out monumental works.

8. How do I renew or check the statutory status of a Grant?

You can confirm the current expiry date of a Grant by contacting the relevant cemetery authority:

• Metropolitan Area: Contact the Metropolitan Cemeteries Board (MCB) (governed under Part II of the Act) for Karrakatta, Fremantle, Pinnaroo, Midland, Guildford, and Rockingham cemeteries.
• Regional WA: Contact the relevant Local Government Authority / Shire Office acting as the appointed Cemetery Board under Section 7 of the Act.