7 July 2025
Request for Inquiry by ACT Legislative Assembly
into approval of private crematorium complex
People living in Canberra cherish the Nature Parks that protect our “ Bush Capital”
designation. The “Bush Capital” is under siege due to inappropriate development
permitted in threatened ecological communities such as Block 1 Section 3 Symonston on
the boundary of the Callum Brae Nature Reserve.
The conditional approval by ACT Planning and Land Authority of DA 202138789 for
InvoCare’s private crematorium complex on Block 1 Section 3 Symonston illustrates
weaknesses within the structure, laws and regulations that are supposed to protect the
environment and guarantee meaningful community consultation. InvoCare is Australia’s
largest funeral provider, operating under many brand names including White Lady, Tobin,
and Simplicity. The approval of InvoCare’s proposed private crematorium complex means
that critically endangered Yellow Box and Blakely's Red Gum grassy woodland, which is
supposed to be protected by both Federal and ACT legislation, are at risk.
InvoCare’s proposed private crematorium will destroy 200 year old critically endangered
Yellow Box and Blakely's Red Gum grassy woodland, home to many endangered and
threatened birds and small mammals, including winter foraging habitat for the Swift Parrot
and breeding habitat for Gang Gang cockatoos.
Application to ACAT to review ACT Planning’s approval of DA 202138789 terminated 30
June 2025 with only some additional restrictions on the developer regarding the trees to be
destroyed. Friends of Callum Brae Nature Reserve would like to share our concerns about
the process of assessing development applications that justify an inquiry and action by the
Legislative Assembly.
We note that the structure of the ACT public service is in the process of reorganisation
with a newly formed City and Environment Directorate and Health and Community Service
Directorate. These changes offer an opportunity for improvement in protection of
threatened environmental habitats and community consultation regarding development
applications.
We are requesting the ACT Legislative Assembly to undertake an inquiry into the process
of approving DA 202138789 for InvoCare’s private crematorium complex and take action
to block the development.
Development Application Evaluation Criteria
The main criticism is that DA 202138789 for the InvoCare private crematorium complex
should have been evaluated by ACT Planning and Land Authority on the impact tract
under the then prevailing ACT legislation. Impact track should have been used instead of
merit track because of the threatened ecological community of Block 1 Section 3
Symonston and because crematoria are subject to specific regulations.
According to Schedule 4 of the Planning and Development Act 2007 (repealed), DA
202138789 should have been assessed on the Impact Track for the following reasons:
Part 4.3, item 1(a) development that may impact on species or ecological community that
is endangered, a species that is critically endangered, endangered, vulnerable; protected
or has special protection status and Part 4.3, item 2(a) proposal involving the clearing ofRequest for Inquiry ACT Legislative Assembly by Friends of Callum Brae Nature Reserve 2
more than 0.5ha of native vegetation other than on land that is designated as a future
urban area.
Furthermore once there was additional information about the critically endangered swift
parrots visiting the site during winter foraging causing Dr. Laura Rayner, Senior Ecologist,
ACT Parks and Conservation Service, to change her opinion and state that Block 1,
Section 3 Symonston is an inappropriate site for a crematorium, the assessment of DA
202138789 should have been changed to the impact track requiring more thorough
regulatory scrutiny and community consultation processes.
The following information documents oversights and errors in the assessment of
InvoCare’s DA 202138789 by ACT Planning and Land Authority and the Environmental
Planning and Sustainable Development Directorate.
Destruction of Mature Native Trees
In August 2023 the ACT Conservator for Flora and Fauna, Bren Burkevics, signed the
Nature Conservation (Loss of mature native trees key threatening process) Action Plan,
DI2023-230 under the Nature Conservation Act 2014, which sets out the final version of
the action plan for the Loss of Mature Native Trees (including hollow-bearing trees) as a
key threatening process for biodiversity.
According to Dr. Laura Rayner, ACT Senior Ecologist “Mature native trees are what we
call ‘keystone’ structures, meaning that many other parts of an ecosystem depend on them
to be healthy. From producing nectar, litter, bark, hollows and logs, hosting mistletoes and
insect communities, creating shade, capturing carbon and rain, slowing run-off and
stabilising soils, mature native trees are the elders of nature”.
Nature Conservation (Yellow Box – Blakely’s Red Gum Grassy Woodland)
Conservation Advice 2020
Notifiable instrument NI2020–304 made under the Nature Conservation Act 2014, s 90C
(Conservation advice). The ACT Scientific Committee has determined that the ecological
community ‘Yellow Box – Blakely’s Red Gum Grassy Woodland’ is eligible to be
transferred to the Critically Endangered category in the ACT Threatened Ecological
Communities List under the Nature Conservation Act 2014 (NC Act). . . the transfer to
Critically Endangered recognises the ACT’s responsibility at the national level to preserve
one of the nation’s largest and best connected remnants of the community in the Callum
Brae Nature Reserve.
Yellow Box – Blakelys Red Gum Grassy Woodland Endangered Ecological
Community Action Plan Objective 1. Protect remaining areas of YB- BRG Grassy
Woodland from unintended impacts (unintended impacts are those not already considered
through an environmental assessment or other statutory process) (p. 126)
DA 202138789 will have an unintended impact on YB-BRG Woodland by eliminating
critically endangered trees, clearing woody debris and understory as well as bringing
emissions, noise, light, traffic, parking area, manicured lawns, two new roads to Block 1
Section 3 Symonston on the boundary of the Callum Brae Nature Reserve.
Close to the Edge - An Investigation into the effects of urban expansion on the
environment of the Australian Capital Territory by the ACT Commissioner for
Sustainability and the Environment, Canberra, 2025.Request for Inquiry ACT Legislative Assembly by Friends of Callum Brae Nature Reserve 3
In terms of biodiversity loss, “loss or degradation of Box Gum grassy woodland or Natural
Temperate Grassland is the key threatening process for 29 species” (page 100)
“Recommendation 6. Refuse development applications that negatively impact threatened
ecological communities. The development application assessment process should
explicitly seek to avoid indirect impacts from edge effects and urban encroachment as well
as outright destruction of threatened communities.” (p.16)
Adverse Impact: Edge Effects and Habitat fragmentation
The InvoCare private crematorium complex will result in induced edges (human made
disturbances to the natural environment) on the boundary of the Callum Brae Nature
Reserve. Once these negative edge effects take hold, the disturbances along the edges
spread deeper into the environment, threatening habitat destruction for a number of
species that can only survive in the original biomes. https://www.treehugger.com/what-are-
edge-effects-6361690. Induced edges and increased fragmentation will have an ongoing
negative impact not only on the threatened ecological community of Block 1 Section 3
Symonston but also on the adjoining Callum Brae Nature Reserve.
Threats to Biodiversity
Swift Parrot Expert Statement from Dr. Laura Rayner, Senior Ecologist, ACT Parks and
Conservation Service advises in an ACAT witness statement 22 April 2024 "Given this
new information, and likely adverse impacts to Swift Parrots associated with DA
202138789, my advice is that an alternate site is located for the development.”
Notifiable Instrument NI 2019 -255 made under the NC Act 2014 s 90C Conservation
Advice and signed by Arthur Georges, chair Scientific Committee 1 May 2019 states, in
respect to the Swift Parrots: "Maintain woodland remnants and isolated paddock trees.
Limit removal of live and dead trees. Regenerate habitat." This advice was in force since
2004. It also quotes five other ACT plans and strategies for the conservation of the Swift
Parrots in the ACT. To isolate Block 1 Section 3 Symonston from the wider context of ACT
reserves, especially Callum Brae Nature Reserve, and to remove key habitat for bird life
ignores ACT government Acts to protect their habitat.
The Capital Ecology report regarding Block 1 Section 3 by Robert Speirs, commissioned
by InvoCare, (following two earlier EIA reports from 2019 and 2022) dated 9 April 2024
advising of errors in and incorrect information in Capital Ecology EIAs of 2019 and 2022,
and providing a report in the probable ecological impact of the development on the swift
parrot habitat and Callum Brae Nature Reserve. Speirs changed his opinion regarding
swift parrots at Callum Brae Nature Reserve. “Callum Brae Nature Reserve and other
adjoining areas of woodland, including the site, clearly supports foraging habitat for the
Swift Parrot during the autumn-winter migration period.”
ACT ParkCare in an email of 3 November 2023 recognised the uniqueness and
vulnerability of Callum Brae Nature Reserve when they decided not to establish a
volunteer group for Callum Brae Nature Reserve. The reason given was “To protect the
site’s sensitive woodland bird population, large groups and regular working parties are not
supported.”
InvoCare should not be permitted to develop a path directly from Block 1 Section 3
Symonston into the Callum Brae Nature Reserve. Despite the fact that such a path isRequest for Inquiry ACT Legislative Assembly by Friends of Callum Brae Nature Reserve 4
visible on InvoCare site plans, there is no record of any discussion with ACT Parks, who
would have to approve the pathway into the Reserve.
Threat to Coconut Ant Small Blue Butterfly (SAB)
Expert statement from Suzi Bond and Jon Lewis, by email 24 June 2025
“The proposed crematorium may have a deleterious effect on Small Ant-blues (SAB) in
Callum Brae and Mugga Mugga Reserves. Both sites are known current breeding
locations for SABs. SABs are endemic to Australia, meaning they are found nowhere else.
SABs and Coconut Ants have an obligate relationship, whereby the SAB caterpillars
provide nutrients to the ants, and the ants protect the caterpillars. . . In the absence of
clear scientific knowledge about the impact of the crematorium on the Coconut Ants or the
SABs, we need to apply the precautionary principle; there is a risk that a crematorium may
pose significant damage or loss to these populations.”
Connectivity: Wildlife Corridor
Canberra Nature Park Reserve Management Plan 2021, “All existing Canberra Nature
Park nature reserves have been identified as IUCN Category IV: Habitat/ species
management area with a primary management objective to: maintain, conserve and
restore species and habitats.“( p.19) IUCN is the International Union for the Conservation
of Nature.
“The reserve (Callum Brae Nature Reserve) is part of an extensive landscape of remnant
wooded vegetation that provides a wildlife movement corridor through to NSW in the east,
to the Murrumbidgee River in the west, and to the southern ACT through Tuggeranong Hill
and Rob Roy nature reserves. “ (p.210)
“The long-term management aim is to conserve and rehabilitate the structure and
condition of vegetation and to maintain connectivity with other woodland areas to ensure
there is ongoing viable habitat for threatened and declining woodland birds.” (p. 210)
Violations of NUZ1 Broadacre zoning framework
NUZ1 Broadacre zoning has explicit requirements that development must not adversely
impact or visually intrude on the landscape and environmental quality of the locality. DA
202138789 does adversely impact the environment through bringing traffic, noise,
emissions, lighting, two new roads, parking areas and destroying remnant trees and
woody debris on Block 1 Section 3 Symonston on the boundary of the Callum Brae Nature
Reserve - a place for quiet bushwalking and bird watching.
Additionally, the zoning framework incorporates forward-planning considerations, ensuring
that development and land use decisions do not undermine other planned purposes such
as the community support to incorporate Block 1 Section 3 Symonston into the Callum
Brae Nature Reserve. Community opposition to the crematorium complex has been
documented in two epetitions submitted to the ACT Legislative Assembly as well as over a
hundred submissions to the Legislative Assembly by individuals, the ACT Conservation
Council, Canberra Birds, Birdlife Australia, Friends of Grasslands, bush walkers,
birdwatchers and Southside community groups.
Greenhouse gas, pollutants and toxic emissions
There is no information in DA 202138789 regarding the type of the two cremators to be
installed in Block 1 Section 3. No specific information was given regarding pollutants andRequest for Inquiry ACT Legislative Assembly by Friends of Callum Brae Nature Reserve 5
toxic emissions. All cremators emit pollutants and toxic emissions, including mercury and
fine particulate matter. With possible impact on critically endangered Yellow Box Blakely’s
Red Gum Grassy Woodland, (EPBC listed 2006) Swift Parrots and Gang-gang cockatoos
as well as other flora and fauna, the precautionary principle should be applied.
Environmental Authorisation: Air Quality
The initial approval notice by the Environmental Planning and Sustainable Development
Directorate of the ACT government seems to have made limited consideration of the
development of a crematorium. No information was made available by InvoCare regarding
the type of the two cremators and their emissions. Given that the proposed InvoCare
project is for a private crematorium, there are considerations about whether the operation
of the cremators will be acceptable for maintaining air quality to the standard set out in
national air quality standards (i.e. national environmental protection measures under the
Cth NEPC Act) which are implemented at the Territory level. This measure is known as the
Ambient Air Quality (AAQ) Measure. Class A activities require an environmental
authorisation for the purposes of s.42 of the EP Act 1997 (ACT).
Health impacts
When no details on the nature of the fuel source of the two planned cremators were
specified in the DA and no calculation of the emissions of these cremators was offered,
ACT Planning and Land Authority should have requested an evaluation of these impacts,
including abiding by the EPA provisions on carbon emissions.
The ACT’s Separation Distance Guidelines for Air Emissions, November 2018 were
ignored so that the two cremators are planned to be placed 16m from the boundary with
Callum Brae Nature Reserve, when the Separation Guidelines require a minimum distance
of 150m adjoining a sensitive land use such as a reserve.
The ACT Separation Distance Guidelines state that “where the distance between the
measurement point and the activity boundary is less than the recommended separation
distance, the Planning and Land Authority should request the proponent to demonstrate
why the lesser guidelines would be appropriate in accordance with Section 5
‘Amendments to Separation Distances’ of these guidelines” (p4). There is no record that
the proponent (InvoCare) ever filed with ACT Planning and Land Authority any justification
of a separation guideline of two cremators at 16m instead of a minimum of 150m from the
boundary of the Callum Brae Nature Reserve.
Misrepresentation: Use of name “South Canberra Memorial Park”
The developer (InvoCare) has misled ACT citizens through the use of the name “South
Canberra Memorial Park”. A letter dated 1 April 2024 from MLA Tara Cheyne, then
Minister for City Services, stated that the name is the sole property of the ACT government
and that the proponent InvoCare “will not be able to use the name in the future.” (see
attached) Because of the misleading use of the name “South Canberra Memorial Park”
many Canberrans believed that the crematorium under this name was to be built as a
government initiative on Long Gully Road, Hume, in the Southern Memorial Park.
Possible Conflict of interest
ACT Planning asked Purdon Planning to evaluate 150 objections to the development,
including from farmers in the area with a history of environmental knowledge and proven
records of sustainable practices. The evaluation was possibly affected by the fact thatRequest for Inquiry ACT Legislative Assembly by Friends of Callum Brae Nature Reserve 6
Purdon Planning is the design contractor for InvoCare and has an interest in the
development being approved.
Financial identity: Red Box Contractors
The DA's for InvoCare’s private crematorium complex are deficient because they did not
have a proper Australian Company Number, ACN for Red Box Contractors, joint venture
partner of InvoCare. All three versions of DA 202138789 do not provide the ACN
requested but provide instead an ABN. Furthermore the ABN does not relate to "Red Box
Contractors Pty Ltd" the company listed on the three DA's but instead to the "The Trustee
for Mugga Lane Unit Trust" that is not mentioned on any of the DA’s.
Management of ACT Cemeteries
Standing Committee on Environment and Transport and City Services,
November 2017, Report 4
“Recommendation 4: 4.21 The Committee recommends the management and operation
of any future cemeteries or crematorium or any other interment facility be performed by the
ACT Cemeteries Authority.”
Therefore DA 202138789 for a private crematorium complex should not have been
considered. A crematorium is planned by the ACT government for the Southern Memorial
Park which is about 5 kms from Block 1 Section 3 Symonston.
Merit Track with expired ESOs
Purdon Planning [3, p4] justified lodgment of DA 20213879 in the Merit Track on the basis
of two conditional ESOs, NI2020-527 [4] and NI2020-578 [5]. NI2020-527 was on
31/08/2020 and expired as of 01/03/2022. NI2020-578 was notified on 07/09/2020 and
expired as of 08/03/2022. Both conditional ESOs expired during ongoing assessment of
DA 20213879, and prior to lodgment of amended DA 20213879-S144C.
Without a current ESO, DA 202139789-S144C should have been assessed under the
impact tract. Crematorium to be classified as an authorized use under NUZ1 Broadacre
zoning would require the more complex impact track assessment, making it subject to
rigorous regulatory scrutiny and community consultation processes including an in-depth
environmental impact assessment. https://www.legislation.act.gov.au › a › 2007-24 ›
20070927-33748 › pdf › 2007-24.pdf
Conclusion: Urgent Request to the ACT Legislative Assembly
Friends of Callum Brae Nature Reserve urge the Legislative Assembly to join with the
overwhelming community opposition to the proposed private crematorium complex on
Block 1 Section 3 Symonston by leading conservationists, swift parrot experts, bird
watchers, bush walkers, nature and environmental organisations, including ACT
Conservation Council, Canberra Birds, Birdlife Australia, Friends of Grasslands, and
Southside community groups to prevent this destructive development.
We request the Legislative Assembly to undertake an urgent inquiry into how the
development was approved and community opposition ignored.
Pamela Collett
Convenor
Friends of Callum Brae Nature Reserve
Email callumbraefriends@yahoo.com
Mobile: 0449183590