A Carlsruhe family was left devastated over Christmas after having to put a funeral on hold for almost three weeks.
Garry Birrell died on Christmas Eve and had reserved a pre-paid plot in the Carlsruhe Cemetery next to his mother’s grave but his family was alerted on Christmas Day that burials in existing pre-paid plots were forbidden due to the discovery of a 20-year-old environmental overlay protecting native grass.
A spokesperson for the Cemetery Trust said the trust had contacted pre-paid plot holders in order to let them know they were working with the council, state and federal government departments to resolve the issue.
“No new plots are being released and the trust has some alternative plots set aside at the cemetery for anyone who has a pre-paid plot at the moment,” the spokesperson said.
Garry’s sister Anne-Maree said initial advice was that permission for Garry’s burial in his plot could take months and could actually be impossible because of a complex bureaucratic web that needed to be negotiated to resolve the issue.
“This mess needs to be sorted out now, losing my brother at Christmas was shock enough, but to have to endure three weeks of additional mental anguish through appalling bureaucratic incompetence is not on,” Anne-Maree said.
“We had no idea of this fiasco and despite the Cemetery Trust working to find a resolution during most of 2022, it unfortunately took Garry’s death to bring it to public attention.”
Rob Ball, acting director of planning and environment with Macedon Ranges Shire Council, said the cemetery contained high-quality native vegetation that was protected under state and federal legislation and the Macedon Ranges Planning Scheme.
“This means the Cemetery Trust, which manages the cemetery, requires an ecological assessment and/or permit before any decision can be made to remove vegetation on the site,” Mr Ball said.
“Council worked closely with the Cemetery Trust’s ecologist to organise an urgent assessment of whether the plot reserved by the family contains protected native grasses.”
Mr Ball said the ecologist conducted their assessment last Friday week and advised the trust and council that the specific plot did not contain protected native grasses and therefore, subject to a planning permit being issued by council for the removal of vegetation, could be used for the burial.
The council issued a planning permit last Monday to allow the funeral to be held last Wednesday.
Garry’s brother Russell said the family wanted to thank members of the Cemetery Trust and the council for working hard to facilitate the permit for Garry’s burial.
“We were in total disbelief that environmental restrictions could close a historic cemetery with such important cultural and heritage importance for the Carlsruhe township,” Russell said.
“Are there similar implications for all other cemeteries in Victoria?
“Our family hopes that others with pre-paid plots do not go through such a heartbreaking experience, and sense prevails allowing the cemetery to reopen for those without pre-paid plots.”
The Trust spokesperson said they were keen to reopen the cemetery and work with the community to manage it sensitively with the environmental overlays.
“We recognise the significance of the vegetation and believe there are ways of operating as a cemetery while preserving the significant vegetation,” the spokesperson said.
