Aboriginal people who bury their loved ones in traditional ceremonies outside the confines of cemeteries and without bureaucratic approval could face fines of up to $31,000 or two years' imprisonment under proposed legislation.

Key points: A scrutiny committee has recommended the bill be passed in NT Parliament without any of the proposed amendments

A scrutiny committee has recommended the bill be passed in NT Parliament without any of the proposed amendments Aboriginal leaders, clan groups and land councils have all expressed concerns about people being punished or jailed for traditional burials

Aboriginal leaders, clan groups and land councils have all expressed concerns about people being punished or jailed for traditional burials It is the first comprehensive review and repealing of cemetery and cremation legislation since 1978

When a Yolngu person dies, they become a sacred object.

The deceased's journey back to their ancestral home is guided closely by their community, in a process that can take weeks.

But moves by the Northern Territory Government to introduce a new Burial and Cremation Bill have been considered an interference that would cut through the heart of this ancient practice.

There have been fierce criticisms and pleas for intercultural understanding.

Funerals are life journeys for Yolngu

Community leaders of the Galpu and Golpa Clans of Elcho Island in north-east Arnhem Land said the bill should be amended so that it does not apply to Aboriginal land, and especially not to Aboriginal homelands.

"If someone stops our cultural obligation to carry on our burial practices then they are stopping who we are. It is the worst form of disrespect in the world," they said.

The remote Northern Territory community of Barunga has a number of unmarked graves. ( ABC News: Terry McDonald )

"It is not just that Yolngu people have kinship, the land has kinship too, and when we decide where to bury that person it is according to kinship lines and links.

"The funeral is the life journey of that person in spirit. It is a long journey and it is a sacred subject for our people.

"If we lose our rights to the choice of where to bury our loved ones then we lose our life. Our home is where we are. Our spirit travels."

Traditional burials not always possible

A number of Yolngu people from the Galpu and Golpa clans made a submission to the NT Government against the Burial and Cremation Bill. ( Supplied: Galpu and Golpa Clans )

They said Yolngu people often bury their family members close to their own homes because they no longer had access to their traditional lands.

"Yolngu people believe strongly that, when a person dies, their body must be returned to their ancestral estate (their father's clan's land), so that their spirit can return to the land from whence it came," their statement read.

"It is often not possible to return the body of a deceased person to their traditional land. Today, Yolngu people in the Marthakal Region therefore often bury their deceased family members beside their own homes. They describe this as a way to maintain the spiritual connection between the living and their ancestors."

In other Territory communities, however, the lack of cemetery records and management has caused community concerns and efforts have been launched to find lost graves.

Government says concerns have been addressed

A spokesperson for NT Community Development Minister Gerry McCarthy said the Bill actually strengthened traditional burial practices.

"The Burial and Cremation legislation deals with very sensitive issues and it's important that everyone understands what it means for them," they said.

"This Bill has been widely consulted over six years and took into account feedback from various organisations including the land councils right through to consultation on the draft bill and including submissions to the Scrutiny Committee. Concerns raised during the Scrutiny Committee process have been addressed."

Independent politician voices concerns

Independent MLA Yingiya Mark Guyula has been heavily critical of the NT Government's proposed burial legislation. ( Supplied: Yingiya Mark Guyula )

But independent member for Nhulunbuy Yingiya Mark Guyula said the NT Government was ignoring its own policy of local decision making and was giving no respect to traditional law.

"They are choosing not to listen to our people when we want to tell them burial customs comes under our law," he said.

"We are on our land burying our people according to our tradition and custom. This is not your business. But if you want to discuss it with us, come and meet with our elders — we will direct you about what is okay.

Law could 'criminalise' elders

Mr Guyula said he had been speaking with his community about the changes and had not found them fully informed.

"They say that the Council Local Authority Groups were consulted on this bill. But there is not one elder in community that has known about the detail of this bill when I have discussed it," he said.

"This Government is introducing a law that disrespects our culture and our authority and criminalises our elders and leaders."

A road sign at Galiwin'ku used during funeral ceremonies. Communities are often shut during sorry business in the NT. ( ABC News: Felicity James )

The Northern Land Council, Central Land Council and North Australian Aboriginal Justice Agency have also made submissions expressing concerns and some issued public statements condemning any moves to push the bill into legislation without amendments.

Northern Land Council chief executive Marion Scrymgour said they were particularly concerned over the 10,000 per cent increase in maximum penalty units and the introduction of a two-year prison term.

"The provisions in the Bill risk further criminalising a population that is already drastically over-represented in the prison system," she said.

"It is appropriate that an Act first drafted in 1952 be given a comprehensive overhaul. However, while the proposed legislation addresses a number of administrative problems with the Act it fails to account for contemporary Aboriginal culture."

Territory Labor politician Ngaree Ah Kit, who was the chair on the committee tasked with scrutinising the bill, said in a report tabled in NT Parliament yesterday that of the eight submissions received, most were generally supportive of the legislation.

"Submitters raised concern regarding the potential impact of the legislation on local government authorities and Aboriginal people, especially those in remote communities where burials occur on Aboriginal land," she said.

"Most of the issues raised by submitters were satisfactorily clarified by the comprehensive advice provided by the Department of Local Government, Housing and Community Development."

The committee recommended the legislation be passed without any amendments but Ms Ah Kit said they had agreed the clauses affecting burials on Aboriginal land should be reviewed in a year to ensure that "they are not unduly impacting on traditional burial practices."

Following the committee's recommendations, the Burial and Cremation Bill is expected to be debated in NT Parliament sittings in November.