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Tenure on Graves and Mausoleum Crypts
Under the 2003 Cemeteries Act, a Right of Interment (e.g. grave or crypt) will be held in perpetuity (for all time) if it is exercised. The Act states that a Right of Interment is exercised:
when human remains are interred at the place of
interment to which the Right of Interment applies, or
when the holder of the Right of Interment creates a
memorial at the place of interment.
Many families purchase their preferred grave or crypt in advance i.e. before death occurs. It makes good sense. There is no limit on how long you can hold the vacant grave or crypt, provided you keep us informed of your correct address.
Tenure on Cremation Memorials
As a not for profit organisation serving the needs of the community, Springvale Botanical Cemetery is conscious of its community obligations. In order to ensure that land is available for future generations, cremation memorials have been sold with varying tenure periods over the years. The dates below outline the changes that have occurred.
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| Prior to 24.8.1955 |
All memorials were sold in perpetuity (for all time). |
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24.8.1955 31.12.1975 |
Tenure periods were introduced.
Trees, Wall Niches and Ground Niches were sold with a 50 year tenure.
Shrubs and Roses were sold with a 25 year tenure. |
| From 1.1.1976 |
25 year tenure periods commenced from the date of purchase for all cremation memorials. |
| From 5.6.1998 |
Perpetuity (for all time) available for all existing and new cremation memorials. |
If you have any questions regarding the tenure of a memorial please feel free to contact us.
Perpetuity (Forever) Is a Very Long Time
Springvale Botanical Cemetery recognises that perpetuity (forever) is a long time. When we allow people to transfer a memorial to perpetuity, we recognise that at some stage in the future we may need to renovate, refurbish or rebuild areas.
As a consequence, even a memorial in perpetuity may need to be:
temporarily removed whilst maintenance is carried out within the area
temporarily removed to allow redevelopment/enhancement of the area.
Families can be secure in the knowledge that:
memorials will be preserved forever
if significant infrastructure development is necessary, their loved one will be positioned in an equivalent or
better position.
What Happens when the Tenure on a Cremation Memorial Expires?
When the tenure on a cremation memorial expires, Springvale Botanical Cemetery sends a registered letter to the person recorded on file as having authority over the location. Unfortunately, a large percentage of this mail is returned unclaimed, as people do not think to update their address with the cemetery.
In an effort to increase awareness of expired locations and to encourage families to update their details, Springvale Botanical Cemetery also:
places stickers on plaques at expired locations
erects signs around the grounds
periodically places advertisements in newspapers.
When a cremation memorial expires the family may choose to:
transfer the memorial to perpetuity (for all time)
transfer the memorial to a new location to allow adjacent positions to be reserved for family and friends
take advantage of the increased variety of memorials by arranging an alternative form of memorialisation, such as
an inscription in the Books of Remembrance or memorial jewellery
cancel the memorial and either have the cremated remains scattered or collect the cremated remains and plaque.
Springvale Botanical Cemetery goes to great lengths to contact family members of expired cremation memorials e.g. thoroughly researching and cross checking files and computer records, searching White Pages on-line for updated address details. If contact cannot be made or instructions are not received, the memorial will be disestablished i.e. the cremated remains irretrievably scattered within the grounds.
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