Key messages

  • Under certain circumstances, cemetery trusts and other managers of Crown land are exempt from the requirements outlined under the Fences Act 1968.

The requirements regarding the establishment and replacement of cemetery fences are set out under the Fences Act 1968 and not the Cemeteries and Crematoria Act 2003.

Generally, under certain circumstances, cemetery trusts and other managers of Crown land are exempt from the requirements outlined under the Fences Act 1968. This exemption is outlined under s. 31 of the Fences Act 1968 and applies in situations where a cemetery trust manages and maintains the entirety of the cemetery land which is the case for most cemetery trusts.

It should be noted however, that where a cemetery trust has leased or provided a licence in respect of any public cemetery land, then the exemption under s. 31 of the Fences Act 1968 does not extend to the person to whom the lease or licence has been provided to. This means the person will need to comply with the Fences Act 1968.