Tours and recreational activities in public cemeteries

Tours

A person may not conduct a tour within a public cemetery without the written consent of the cemetery trust appointed to manage the cemetery under the Cemeteries and Crematoria Act 2003. Cemetery trust contact details can be accessed using the Cemetery Search.

Recreational activities

A set of model rules to control activities within public cemeteries is contained in the Cemeteries and Crematoria Regulations 2025.

Under the model rules, it is an offence to engage in any of the following recreational activities in a public cemetery without the prior approval of the cemetery trust appointed to manage the cemetery:

• playing sport
• fishing, swimming, bathing
• hunting
• camping.

Pre-approval for recreational activities

The model rules provide for cemetery trusts to grant broad pre-approval in writing for the recreational activities listed above to a person or a class of persons (for example, the public). There is a list of matters cemetery trusts may consider before granting pre-approval for recreational activities below.

Cemetery trusts should develop policies that clearly explain the terms and conditions of pre-approvals – for example, a cemetery trust may permit certain sports to occur in designated areas of a cemetery at specified times.

Policies must be published on the cemetery trust’s website (if applicable) or displayed on signage in prominent areas of the cemetery that are clearly visible to the public. Policies must be made available upon request.

If a trust does not pre-approve recreational activities listed above through a published policy, the prohibitions in the model rules will apply by default.

Note: The model rules do not provide for cemetery trusts to grant pre-approval for tours in cemeteries.

Applying for approval to conduct tours and recreational activities in a public cemetery

A person, group or company may apply to a cemetery trust for approval to conduct tours and recreational activities in a public cemetery.

Application process

A written application seeking approval to conduct a tour or recreational activity in a public cemetery may be submitted to the relevant cemetery trust.

When making an application, the applicant must provide the following information:

• name, contact details and group/company name (if applicable) of the applicant
• type of tour/activity
• proposed area/s of the cemetery where the tour/activity would take place
• number of anticipated tours/activities and duration per tour/activity
• proposed maximum group size
• vehicles or equipment to be used for the tour/activity
• current indemnity insurance and workers compensation policy that covers the applicant and any person/s engaged by the applicant.

Cemetery trust considerations

When deciding whether to approve an application, the cemetery trust may consider a range of matters including but not limited to:

• cultural and community values
• heritage values of the cemetery
• health and safety within the cemetery
• current public liability insurance held by the applicant
• terms and conditions the trust may wish to impose
• a risk management plan which is either provided by the applicant or prepared by the cemetery trust.

There may be sensitivities within the community about tours or recreational activities taking place within a cemetery and the trust may consider it appropriate to undertake a community consultation process.

Granting approval

Approval may be granted by the responsible officer of a Class A cemetery trust or by a Class B cemetery trust vote at a trust meeting. The cemetery trust should ensure there is a formal record of its decision.

Approval should be provided to the applicant in writing and should clearly explain the terms and conditions of the approval.

More information

Information about risk management is provided in Topic 12 and information about health and safety is provided in Topic 31 of the Manual for Victorian cemetery trusts.

There are also useful risk management tools available on the Victorian Managed Insurance Authority website.