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LEGACY PLOT RESERVATION MANAGEMENT POLICY

Community Connections Manager, Alison Hamblin · Community Connection| Community Services Department

Executive summary

This report seeks Council’s adoption of the Legacy Plot Reservation Management Policy to manage unused plots (burial and ash interment sites) which were reserved 25 years or more ago at Tewantin, Cooroy and Pomona cemeteries, and provides a process to enable the administrative return of interment rights. While Cooroy and Pomona cemeteries currently have adequate burial capacity, Tewantin cemetery has reached capacity for new traditional burial plots, creating an immediate need to maximise the efficient use of existing cemetery land. Over many decades, plots have been allocated with perpetual tenure; however, a number of these plots remain unused. In some cases, original plot holders or their descendants can no longer be contacted, preventing these plots from being returned to use. At Tewantin cemetery, this situation directly limits burial options for the community. At Cooroy and Pomona cemeteries, the policy provides a proactive framework to manage legacy allocations and support future demand. The proposed Legacy Plot Reservation Management Policy establishes a clear, transparent and respectful process for identifying eligible unused plots, undertaking reasonable efforts to contact plot holders or descendants, and returning unclaimed plots and the associated interment rights to Council control where appropriate. The policy balances sensitivity to historical and emotional considerations with the need to ensure cemetery spaces are responsibly managed and remain available over the long term. Adoption of the policy will support sustainable cemetery management, improve burial availability at Tewantin Cemetery, and provide consistency and clarity in the management of plot tenure across all Council-managed cemeteries.

Recommendation

That Council

  1. Note the report by the Community Connection Manager to the General Committee dated 9 June 2026 regarding unused cemetery plots (burial and ash interment sites) reserved 25 years or more ago at the Tewantin, Cooroy and Pomona cemeteries;
  2. Adopt the Legacy Plot Reservation Management Policy, as provided in Attachment 1 to the report; and
  3. Authorise the Chief Executive Officer to implement the Policy, including the development of supporting procedures, notification processes and record keeping requirements.

Report

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.

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 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.

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.

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.

Report details

Index: ECM/9.01 Cemeteries - Policy/Procedures