Human composting, also known as natural organic reduction (NOR) or terramation, is currently not a legal or available method of body disposal in Victoria, Australia.
Under the Cemeteries and Crematoria Act 2003 (Vic), the primary lawful methods of body disposal are interment (burial) and cremation. Any alternative method of disposal requires explicit authorisation from the Secretary to the Department of Health. While human composting is gaining legislative traction in some United States jurisdictions and is currently the subject of a proposed bill in New South Wales, there are presently no specific provisions in Victorian legislation that permit or regulate this practice. Disposing of human remains via composting without the requisite approval constitutes a serious offence under Victorian law.
Relevant Facts and Evidence
- The Process: Human composting involves placing a deceased human body into a specially designed vessel with organic plant material (such as lucerne, hay, and sawdust). The vessel is heated and aerated to encourage aerobic microbes to break down the body and plant matter into nutrient-rich soil over a period of weeks to months. Bones are typically ground down and returned to the mix.
- Current Australian Context: As of June 2026, human composting is not legally permitted or commercially available anywhere in Australia.
- Recent Developments: An independent Member of the NSW Parliament, Alex Greenwich, is expected to introduce a bill to the NSW Parliament in late June 2026 seeking to legalise human composting in that state. Advocacy groups, such as Earthly Remains in Western Australia, are also lobbying for legislative change in their respective states.
Issues
The primary legal issue is whether the process of human composting constitutes a lawful method for the disposal of human remains under Victorian law.
Applicable Law
Unless specified otherwise, the relevant jurisdiction is Victoria, Australia. The principal legislation governing the disposal of human remains is the Cemeteries and Crematoria Act 2003 (Vic) (the Act) and the Cemeteries and Crematoria Regulations 2025 (Vic) (the Regulations).
1. Lawful Methods of Disposal
The Act primarily contemplates two methods for the disposal of bodily remains:
- Interment: Defined in section 3 as "the interring, burial or placing of human remains in a place of interment".
- Cremation: The Act defines "crematorium" as a building or structure fitted with appliances for the purposes of cremating bodily remains.
2. Offences for Unlawful Disposal
The Act strictly prohibits the disposal of bodily remains outside of these established parameters without specific authorisation:
- Section 114 (Unlawful interment): A person must not inter bodily remains in a place other than a public cemetery unless the Secretary has granted an interment approval for that interment. The maximum penalty is 600 penalty units or 5 years imprisonment or both.
- Section 129 (Unlawful cremation): A person must not cremate bodily remains or assist in the cremation of bodily remains at any place other than at a crematorium in a public cemetery, or in accordance with an approval of the Secretary under section 136. The maximum penalty is 600 penalty units or 5 years imprisonment or both.
3. Secretary's Approval for Alternative Methods
Section 121 of the Act allows a person to apply to the Secretary of the Department of Health for an "interment approval" to inter bodily remains in a place other than a public cemetery.
Furthermore, as noted in academic and government commentary, the authorisation of the Department of Health must be sought to dispose of a body by any method other than traditional burial or cremation.
Application to the Facts
On the available facts and current statutory framework, human composting is not legal in Victoria.
- Composting is neither Interment nor Cremation: The process of natural organic reduction does not fall within the statutory definition of cremation, as it does not involve the use of appliances for burning bodily remains. It also does not align with the traditional definition of interment, as the body is actively broken down into soil rather than placed in a grave, vault, or mausoleum for perpetual rest.
- Requirement for Approval: Because human composting is an alternative method of disposal, it cannot be lawfully performed in Victoria without explicit authorisation from the Secretary to the Department of Health. Currently, there is no established regulatory framework, approved facility, or precedent for the Secretary granting such approval for human composting in Victoria.
- Criminal Liability: Any attempt to perform human composting or dispose of human remains in a compost bin or similar vessel without the Secretary's approval would likely breach section 114 (unlawful interment) or other relevant provisions of the Act, attracting significant criminal penalties (up to 5 years imprisonment). It may also engage common law offences or provisions under the Crimes Act 1958 (Vic) relating to the improper interference with a corpse.
Risks and Uncertainties
- Legislative Change: The law in this area is evolving. The introduction of the human composting bill in the NSW Parliament in June 2026 may prompt similar legislative reviews in Victoria. The Victorian Government recently updated the Cemeteries and Crematoria Regulations in 2025, indicating an ongoing review of death care practices.
- Secretary's Discretion: While theoretically possible for the Secretary to approve an alternative disposal method under the Act, the lack of approved facilities and safety standards for human composting in Australia makes it highly improbable that such an application would succeed at present.
Conclusion
Human composting is currently illegal in Victoria. The Cemeteries and Crematoria Act 2003 (Vic) mandates that human remains must be disposed of via burial or cremation in approved facilities, unless explicit authorisation is granted by the Secretary to the Department of Health. There are currently no provisions, approved facilities, or regulatory frameworks to support human composting in the state.