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Local Briefing

🌳 Bega Valley Progresses Private Land Burial Policy

Planning DevelopmentPpr Finalisation 2 min read

The Bega Valley Shire Council is moving forward with a significant planning proposal that could soon allow burials on private land within the region. Currently in its finalisation phase, this initiative, listed on the NSW Planning Portal as PP-2025-1428, seeks to amend the Local Environmental Plan (LEP) by inserting a new clause into Schedule 2, governing Exempt Development.

This proposed clause, which draws inspiration from the Byron Local Environmental Plan 2014 (Byron LEP), aims to provide Bega Valley residents with additional options for honouring their loved ones. Under the broader New South Wales Public Health Regulation 2022, burials on private land are already permissible, provided the landholding is at least five hectares and receives approval from the local council. Key conditions typically include a minimum burial depth of 900 millimetres for coffins, and potential geotechnical investigations to prevent groundwater or surface water contamination.

The Byron LEP, which serves as a model for Bega Valley's proposal, includes specific conditions for such burials. It restricts them to land zoned RU1 Primary Production or RU2 Rural Landscape, and typically limits the number of deceased persons buried on a single landholding to four. Additionally, all private burials must comply with Part 8 of the Public Health Regulation 2022 and relevant NSW Health guidelines.

The Bega Valley planning proposal has progressed through key stages, including an approved Gateway determination on 22/08/2025. A public exhibition period for the proposal ran from 25/08/2025 to 21/09/2025, allowing community members to provide feedback. The proposal was returned to the Department for assessment and drafting of the LEP on 21/10/2025. Council Contact Rochelle McArthur (0264992228) and Department Contact Graham Judge (0262297906) are available for further inquiries regarding this important local development.

Source: NSW Planning Portal

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