Cemeteries and Crematoria Act 2013 (NSW)
Cemeteries and Crematoria Amendment Act 2025 No 32, Sch 1[56] (not commenced)
An Act to make provision for and with respect to the management and operation of cemeteries and crematoria; and for other purposes.
This Act is the Cemeteries and Crematoria Act 2013.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows—
(a) to recognise the right of all individuals to a dignified interment and treatment of their remains with dignity and respect,
(b) to ensure that the interment and memorialisation practices and beliefs of all religious and cultural groups are respected so that none is disadvantaged and adequate and proper provision is made for all, including the descendants of those individuals interred,
(c) to ensure that sufficient land is acquired and allocated so that current and future generations have equitable access to interment services,
(d) to provide for the operation of a consistent and coherent regime for the governance and regulation of cemeteries and crematoria,
(e) to ensure that the operators of cemeteries and crematoria demonstrate satisfactory levels of accountability, transparency and integrity,
(f) to ensure that cemeteries and crematoria on Crown land are managed in accordance with the principles of Crown land management specified in section 1.4 of the Crown Land Management Act 2016,
(g) to promote environmental sustainability of the interment industry, including provision for natural and private burials,
(h) to promote that cost structures for burials and cremations are transparent across all sectors of the interment industry,
(i) to promote affordable and accessible interment practices, particularly for those of limited means.
Expressions used in this Act that are defined in the Dictionary have the meanings set out in the Dictionary.
Unless the contrary intention is shown, a reference in this Act to—
(a) a
cemetery includes a reference to—(i) a crematorium, and
(ii) a part of a cemetery or crematorium, and
(b) a
cemetery operator includes a reference to—(i) a crematorium operator, and
(ii) an operator of part of a cemetery or crematorium.
An expression that is used in this Act and that is defined in the Crown Land Management Act 2016 (not being an expression that is defined in this Act) has the same meaning in this Act in relation to a Crown cemetery or Crown cemetery operator as it has in that Act in relation to dedicated or reserved Crown land or a person responsible for the care, control and management of dedicated or reserved Crown land, respectively.
Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.
See also section 3.1 (Responsibility for management of Crown land) of the Crown Land Management Act 2016.
Notes included in this Act do not form part of this Act.
Nothing in the Crown Land Management Act 2016 or an instrument made under that Act (including any regulations or plan of management for dedicated or reserved Crown land) prevents or restricts the use of a reserve for anything that is authorised, permitted or required by or under this Act.
If provision is made both by or under the Crown Land Management Act 2016 and this Act in relation to the exercise of functions by, or in respect of, a Crown cemetery operator in the same or substantially the same circumstances the function is not exercisable under the Crown Land Management Act 2016.
In the event of any inconsistency between the provisions of this Act or the regulations and a provision of the Crown Land Management Act 2016 or any other State legislation that is prescribed by the regulations as an inconsistent provision for the purposes of this section, the provisions of this Act or the regulations (as the case may be) prevail to the extent of the inconsistency.
Except as expressly provided by this Act, this Act does not affect the operation of the following or any other Acts, or any regulations made under those Acts, to the extent that they apply to, or in respect of, the operation of cemeteries or crematoria—
(a) Aboriginal Land Rights Act 1983,
(b) Fair Trading Act 1987,
(c) Funeral Funds Act 1979,
(d) Heritage Act 1977,
(e) National Parks and Wildlife Act 1974,
(f) Public Health Act 2010,
(g) Biodiversity Conservation Act 2016.
There is constituted by this Act a body corporate with the corporate name of Cemeteries and Crematoria NSW.
Section 50 of the Interpretation Act 1987 provides for the powers of a statutory corporation.
The Cemeteries Agency is a NSW Government agency.
(Repealed)
There must be a Chief Executive Officer of the Cemeteries Agency.
The Chief Executive Officer is appointed by the Governor on the recommendation of the Minister.
Schedule 1 contains provisions about the Chief Executive Officer.
All decisions relating to the functions of the Cemeteries Agency are to be made by or under the authority of the Chief Executive Officer.
The Chief Executive Officer is responsible for the day-to-day management of the affairs of the Cemeteries Agency.
The Cemeteries Agency may delegate certain of its functions to the Chief Executive Officer and other persons. However under section 11 (3) it cannot delegate functions such as the power to issue a short term order.
Any act, matter or thing done in the name of, or on behalf of, the Cemeteries Agency by or under the authority of the Chief Executive Officer is taken to have been done by the Cemeteries Agency.
The Cemeteries Agency is, in the exercise of its functions, subject to the control and direction of the Minister, except in relation to the following—
(a) the contents of any advice, report or recommendation given to the Minister,
(b) decisions whether to grant, suspend or cancel a licence held by a particular person under an interment industry scheme,
(b1) decisions whether to carry out investigative, compliance or enforcement activities in a particular case that may involve a contravention of this Act, regulations or interment industry schemes made under this Act, or licences granted under this Act,
(c) decisions whether to institute civil or criminal proceedings in a particular case.
The Minister must—
(a) give the Cemeteries Agency reasonable notice before giving it any direction with respect to the exercise of its functions and provide it with an opportunity to comment on the proposed direction within a time specified by the Minister, and
(b) give the direction in writing.
The Cemeteries Agency is to publish a copy of the direction in the Gazette.
Persons may be employed in the Public Service to enable the Cemeteries Agency to exercise its functions.
The Cemeteries Agency may engage such consultants and independent contractors as it requires to exercise its functions.
The Cemeteries Agency may arrange for one or more police officers to be made available (by way of secondment or otherwise) to perform services for the Cemeteries Agency.
See section 95A of the Police Act 1990.
The Cemeteries Agency may delegate to an authorised person any of its functions, other than this power of delegation.
A delegate may sub-delegate to an authorised person any function delegated by the Cemeteries Agency if the delegate is authorised in writing to do so by the Cemeteries Agency.
The following powers may not be delegated—
(a) the power under section 14 to acquire land in certain circumstances,
(b) the power under section 36 to make a short term order.
In this section—
(a) a member of staff of a Government agency, or
(b) a person, or person of a class, prescribed by the regulations.
The functions of the Cemeteries Agency include the following—
(a) to assess current and future interment needs and develop planning strategies for cemetery space to meet those needs,
(b) to provide advice or make recommendations to the Minister in relation to the sustainable use of cemetery and crematorium space and capacity,
(c) to promote environmentally sustainable practices in the interment industry,
(d) to develop, approve and promote codes of practice for cemeteries and crematoria and report on adoption of those codes by the interment industry,
(e) to provide advice or make recommendations to the Minister on the establishment, implementation or alteration of interment industry schemes,
(f) to regulate the provision of services in relation to interment matters that are subject to interment industry schemes,
(f1) to manage the resolution of complaints about cemetery operators that may involve contraventions by cemetery operators of this Act, regulations or interment industry schemes made under this Act, or licences granted under this Act,
(g) to keep under review the policies, operating procedures and activities of the interment industry, including cemeteries, crematoria, providers of funeral goods and services, and operators of funeral funds,
(h) to collect information and carry out research as is necessary to exercise its functions.
The Cemeteries Agency must, within 12 months after it is constituted, prepare a strategic plan outlining its key objectives and time frames for implementation of those objectives.
The Cemeteries Agency must publish the strategic plan in the Gazette.
In exercising its functions, the Cemeteries Agency is to have regard to the objects of this Act.
The Cemeteries Agency has such other functions as are conferred or imposed on it by or under this or any other Act.
The Cemeteries Agency may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions.
The Cemeteries Agency may—
(a) with the consent of the Minister and subject to such conditions as the Minister thinks fit to impose do either or both of the following—
(i) acquire land by agreement (not compulsory process) for the purpose of providing land for cemetery purposes,
(ii) transfer the land to a Crown cemetery operator or other operator or prospective operator of a cemetery, or
(b) with the approval of the Minister administering the Crown Land Management Act 2016 and subject to such conditions as the Minister thinks fit to impose, require a Crown cemetery operator to acquire land by agreement (not compulsory process) for the purposes of the Crown cemetery under its care, control and management.
The power under subsection (1) is to be exercised only if the Cemeteries Agency considers it necessary or desirable to acquire the land to ensure equitable access to interment services by one or more religious or cultural groups or the community generally.
The power under subsection (1) is to be exercised in relation to a Crown cemetery trust only if the Cemeteries Agency and the Minister concerned—
(a) are satisfied that the Crown cemetery trust concerned has sufficient funds available for the acquisition, and
(b) has taken into consideration the impact of the land acquisition on the operator, including (without limitation) the long term financial implications for the care, control and management of the additional land.
For the purposes of the Public Works and Procurement Act 1912, any acquisition of land under subsection (1) (a) is taken to be an authorised work, and the Cemeteries Agency is, in relation to that authorised work, taken to be the Constructing Authority.
Sections 34, 35, 36 and 37 of the Public Works and Procurement Act 1912 do not apply to or in respect of works constructed on land acquired under this section.
The Cemeteries Agency may—
(a) appoint agents, and act as an agent, for other persons and bodies, and
(b) enter into arrangements with a government agency with respect to the exercise under this Act of the functions of authorised officers.
(Repealed)
There is to be established in the Special Deposits Account a Cemeteries and Crematoria NSW Fund (the
(a) all money advanced to the Cemeteries Agency by the Treasurer or appropriated by Parliament for the purposes of the Cemeteries Agency,
(b) all money directed or authorised to be paid into the Cemeteries Agency Fund by or under this or any other Act,
(c) levies or other payments made under section 24,
(d) payments directed to be paid to the Cemeteries Agency under section 40,
(e) the proceeds of the investment of money in the Cemeteries Agency Fund,
(f) all money received by the Cemeteries Agency from any other source.
Money may be paid from the Cemeteries Agency Fund for the following purposes—
(a) enabling the Cemeteries Agency to exercise its functions,
(b) the acquisition of land under section 14.
All expenditure incurred by the Cemeteries Agency is to be paid from the Cemeteries Agency Fund.
The Cemeteries Agency Fund is administered by the Chief Executive Officer.
The Cemeteries Agency may invest money in the Cemeteries Agency Fund—
(a) if the Cemeteries Agency is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Cemeteries Agency is permitted to invest money under that Part, or
(b) if the Cemeteries Agency is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.
The Cemeteries Agency may levy the following—
(a) a contribution towards the cost of the administration of this Act to the extent that it relates to cemeteries (a
general levy ),(b) in special circumstances, a contribution towards the cost of acquiring particular land under section 14 (a
special levy ).
A general levy or special levy—
(a) may be imposed by reference to an interment service of a kind prescribed by the regulations, and
(b) may be imposed on any person who is an operator of a cemetery, or an operator of a class of cemetery, prescribed by the regulations, and
(c) is to be of an amount, or calculated in the manner, prescribed by the regulations, and
(d) is payable in respect of the period prescribed by the regulations, and
(e) is to be paid within the time and in the manner specified by the Cemeteries Agency by notice in writing to the person liable to pay the levy.
Without limiting subsection (2) (c), the regulations may provide for calculation of a general levy by providing for the determination by the Cemeteries Agency of adjustment of amounts in proportion to variations in the CPI.
A special levy under this section must not exceed an amount in total prescribed by the regulations.
The regulations may make provision for or with respect to the following—
(a) the waiver, reduction, postponement or refund of any levy payable under this section,
(b) exempting (whether conditionally or unconditionally) persons or persons of a specified class from a requirement to pay a levy imposed under this section.
The Cemeteries Agency is to ensure, as far as is reasonably practicable, that money received from a general levy imposed under this section in relation to its functions with respect to cemeteries is not used to cross-subsidise the expenses of the Cemeteries Agency in carrying out any of its other functions.
Nothing in this section prevents a cost of a kind referred to in this section from being covered by a licence fee charged under an interment industry scheme.
In this section—
Any monetary penalty or fine imposed for an offence under this Act or the regulations or for the contravention of a civil penalty provision and recovered in proceedings instituted by the Cemeteries Agency is to be paid into the Cemeteries Agency Fund.
If the amount paid into the Cemeteries Agency Fund under this section in any financial year exceeds the maximum amount for the financial year, the amount of the excess is to be paid into the Consolidated Fund.
The
The regulations may make provision for the determination of the maximum amount for a financial year by prescribing a maximum amount for a financial year or by providing for the manner in which the maximum amount for a financial year is to be determined.
Any such regulation may be made only with the approval of the Treasurer.
In this section, a reference to proceedings instituted by the Cemeteries Agency includes—
(a) a reference to proceedings instituted under the direction or on behalf, or for the benefit, of the Cemeteries Agency, and
(b) a reference to a penalty notice or civil infringement notice issued under Part 6 by or under the direction or on behalf of the Cemeteries Agency.
In this section—
In this Act—
(a) cemetery operators,
(b) funeral directors,
(c) funeral funds within the meaning of the Funeral Funds Act 1979,
(d) any other persons, or persons of a class, prescribed by the regulations.
The Cemeteries Agency must keep a register of cemeteries and crematoria (the
The Cemeteries and Crematoria Register may be kept in the way the Cemeteries Agency decides.
A cemetery operator must notify the Cemeteries Agency of the following matters for inclusion on the Cemeteries and Crematoria Register—
(a) the name and location of the cemetery or crematorium,
(b) the name and address of the cemetery operator,
(c) the telephone number of the cemetery or the crematorium or the cemetery operator,
(d) any other information required by the regulations to be included in that register.
The regulations may make provision for or with respect to the notification by a cemetery operator of information contained in the Cemeteries and Crematoria Register and changes in relation to that information.
A cemetery operator must—
(a) provide the Cemeteries Agency with any information relating to the cemetery that is required by this section to be included in the Cemeteries and Crematoria Register, and
(b) notify the Cemeteries Agency of any material change in the information provided by the cemetery operator for recording in that register within 14 days (or such longer period as the Cemeteries Agency allows) after the change occurs.
Maximum civil penalty: $2,200.
A reference in this Part to a
The Cemeteries and Crematoria Register must be open for public inspection, without charge, during ordinary business hours.
The Cemeteries Agency must, at the request of the Secretary of the Ministry of Health, provide NSW Health with a copy of the Cemeteries and Crematoria Register.
Codes of practice may be developed and approved by the Cemeteries Agency on its own initiative or in collaboration with all or any participants in the interment industry, or one or more sectors of the interment industry, for the purpose of providing guidance on any interment matter or other matter encompassed by the objects of this Act.
Despite subsection (1), the Cemeteries Agency cannot develop and approve a code of practice to the extent it relates to any matter concerning the following—
(a) the disposal and handling of human remains (including the cremation of such remains) that is regulated by or under the Public Health Act 2010—without the concurrence of the Minister administering that Act,
(b) funeral funds that are regulated by or under the Funeral Funds Act 1979—without the concurrence of the Minister administering that Act,
(c) the supply of funeral goods and services that is regulated by or under the Fair Trading Act 1987—without the concurrence of the Minister administering that Act.
A code of practice may apply to any one or more of the following—
(a) any specified activity or class of activities,
(b) all participants in the interment industry or a specified sector of the industry.
In developing a code of practice on its own initiative, the Cemeteries Agency must consult with representatives of the participants in the interment industry or specified sector of the industry to whom the code of practice will apply and with any other relevant stakeholders (including, without limitation, the Combined Pensioners and Superannuants Association of NSW).
A code of practice may refer to or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the code, as in force at a particular time or from time to time.
Except as provided by this section, codes of practice are in the nature of guidelines and compliance is not mandatory.
The Cemeteries Agency may develop and approve codes of practice (a
A mandatory code of practice has no effect unless it is incorporated in an interment industry scheme under section 31 (2).
A person must comply with any requirement of a mandatory code of practice that applies to the person.
Maximum civil penalty: the amount specified in the interment industry scheme not exceeding $27,500.
The Cemeteries Agency may approve a code of practice for the purposes of this Act and may vary or revoke an approved code of practice.
As soon as practicable after approving a code of practice, or varying or revoking an approved code of practice, the Cemeteries Agency must ensure that notice of the approval, variation or revocation is published in the Gazette.
For orders published in the gazette under this subsection, see Gazettes No 328 of 20.11.2020, n2020-4559 and No 384 of 18.12.2020, n2020-4817. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.
An approval of a code of practice, or variation or revocation of an approved code of practice, takes effect when notice of it is given under subsection (2).
The Cemeteries Agency must ensure that a copy of each document applied, adopted or incorporated (to any extent) by an approved code of practice is published in the Gazette or is otherwise made available to the public.
The regulations may establish schemes for or with respect to the interment industry (
Without limiting subsection (1), the regulations establishing an interment industry scheme may make provision for or with respect to the following—
(a) requiring compliance with any or all provisions of a code of practice (a
mandatory code of practice requirement ),(b) requiring an operator of a cemetery to ensure adequate provision is made for perpetual care of interment sites and the cemetery,
(c) requiring the licensing of any activity, person, business, premises, vehicle or equipment in relation to the provision of interment services,
(d) the imposition of conditions on licences,
(e) the suspension or cancellation of licences,
(f) appeals, or reviews, by courts, tribunals and other bodies or persons of decisions made under the regulations in relation to licences or applications for the granting of licences,
(g) setting fees and charges that are necessary for the funding of the scheme.
A person must comply with any requirement of an interment industry scheme that applies to the person.
Maximum civil penalty: the amount specified in the interment industry scheme not exceeding $27,500.
A regulation may be made under subsection (1) only—
(a) with the concurrence of the Minister administering the Public Health Act 2010—if it impacts on an aspect of the disposal and handling of human remains (including the cremation of such remains) regulated by or under that Act, and
(b) with the concurrence of the Minister administering the Funeral Funds Act 1979—if it impacts on an aspect of the operation of funeral funds regulated by or under that Act, and
(c) with the concurrence of the Minister administering the Fair Trading Act 1987—if it impacts on an aspect of the supply of funeral goods and services for the arrangement and conduct of a funeral regulated by or under that Act.
The Minister is to ensure that consultation with participants in the interment industry generally or a sector of the interment industry (and other relevant stakeholders including, without limitation, the Combined Pensioners and Superannuants Association of NSW) is undertaken before the making of any regulation that establishes an interment industry scheme.
The provisions of section 5 (Regulatory impact statements) of the Subordinate Legislation Act 1989 apply to a regulation that establishes an interment industry scheme in the same way as they apply to a principal statutory rule (within the meaning of that Act).
Consultation is taken to have been undertaken on an interment industry scheme for the purposes of subsection (1) if—
(a) notice of the proposed regulation establishing the interment industry scheme has been published in accordance with section 5 (2) (a) of the Subordinate Legislation Act 1989, and
(b) consultation on the regulation has taken place in accordance with section 5 (2) (b) of that Act, and
(c) comments and submissions received have been appropriately considered in accordance with section 5 (2) (c) of that Act.
The Cemeteries Agency may give the operator of a cemetery a notice under this subsection (a
(a) the Cemeteries Agency believes on reasonable grounds that this Act or the regulations or a provision of an interment industry scheme have been, or are being, contravened in relation to the cemetery, and
(b) the contravention is not an offence against this Act or the regulations.
The preliminary notice must—
(a) state the contravention and the reasons for the belief, and
(b) invite the operator to make written representations, within a stated period of not less than 14 days, why the operator should not be required to end the contravention or remedy the consequences of the contravention, or both.
If, after considering any written representations made by the operator within the stated period, the Cemeteries Agency is satisfied that the operator should be required to end the contravention or remedy the consequences of the contravention, or both, the Cemeteries Agency may give the operator a notice under this subsection (an
The improvement notice—
(a) must require the operator to end the contravention or remedy the consequences of the contravention, or both, within a stated time, and
(b) may state the action the operator must take to comply with the notice, and
(c) if the notice requires the operator to end the contravention—must state that failure to end the contravention, without reasonable excuse, within the stated time, is a contravention of a civil penalty provision, and
(d) if the notice requires the operator to remedy the consequences of the contravention—must state that, if the operator fails to remedy the consequences within the stated time, the Cemeteries Agency may arrange for action to be taken to remedy the consequences and that the operator will be liable for the cost of taking the action.
A cemetery operator who is given an improvement notice may appeal to the Tribunal for a review of the decision to give the notice.
An appeal under this subsection is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.
The operator of a cemetery must not fail to end a contravention of this Act or the regulations or a provision of an interment industry scheme as required by an improvement notice given to the operator within the time stated in the notice.
Maximum civil penalty: $27,500.
If the operator of a cemetery fails to remedy the consequences of a contravention of this Act or the regulations or a provision of an interment industry scheme in accordance with an improvement notice or any additional time allowed by the Cemeteries Agency, the Cemeteries Agency may arrange for the action that it considers necessary or desirable to remedy the consequences to be taken by or on behalf of the State.
The reasonable cost of any action taken under this section is a debt due to the Cemeteries Agency payable by the operator.
The Cemeteries Agency may, by order in writing given to a person who is an operator of a type or of a class of cemetery, or persons who belong to a class of such operators, require the person or persons to take such action or refrain from taking such action as is specified in the order (a
The Cemeteries Agency may make a short term order if it considers the making of the order to be reasonably necessary in the public interest to prevent or lessen a serious threat or risk to the achievement of an object of this Act in the State or any part of the State pending the making of a regulation under section 31 establishing an interment industry scheme that makes provision for a mandatory code of practice requirement.
As soon as practicable after making a short term order, the Cemeteries Agency must recommend to the Minister that the regulation referred to in subsection (2) be made as a matter of urgency.
A short term order may be made without the concurrence of the Ministers referred to in section 31 (4).
A short term order takes effect on the day on which the order is given to the person or persons concerned.
The Cemeteries Agency may review a short term order on its own initiative or on the application of a person to whom it relates.
On a review, the Cemeteries Agency may confirm, vary or revoke the order.
A short term order remains in force (unless sooner revoked by the Cemeteries Agency) for the period of 12 months after the day on which it takes effect or until the day the regulation referred to section 36 (2) is made, whichever occurs first.
A person to whom a short term order is given must comply with any requirement imposed on that person by that order.
Maximum civil penalty: $27,500.
This section applies if the Cemeteries Agency considers that an act, or omission, of a person constitutes a contravention of this Act, the regulations or a provision of an interment industry scheme.
The Cemeteries Agency may accept any of the following undertakings given by the person—
(a) a written undertaking that the person will take specified action, or refrain from taking specified action, in order to comply with the Act, the regulations or the provisions of the interment industry scheme,
(b) a written undertaking that the person will take specified action directed towards ensuring that the person does not commit a contravention of the Act, regulations or provision of the interment industry scheme, or is unlikely to commit such a contravention in the future,
(c) a written undertaking of a kind specified in the regulations.
The person may withdraw or vary the undertaking at any time, but only with the consent of the Cemeteries Agency.
The Cemeteries Agency may, by written notice given to the person, cancel the undertaking.
The undertaking may be published in the Gazette.
The Cemeteries Agency may apply to the Local Court (or such other court or tribunal as may be prescribed by the regulations) for an order under subsection (2) if—
(a) a person has given an undertaking under section 39 that has not been withdrawn or cancelled, and
(b) the Cemeteries Agency considers the person has breached the undertaking.
If the Local Court (or court or tribunal prescribed by the regulations) is satisfied that the person has breached the undertaking, it may make any or all of the following orders—
(a) an order directing the person to comply with the undertaking within a time (if any) specified in the order,
(b) an order directing the person to pay to the Cemeteries Agency an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,
(c) any other order that it considers appropriate, including an order directing the person to compensate any other person who has suffered damage or loss as a result of the breach.
The Cemeteries Agency may, by notice in writing to each cemetery operator concerned, require cemetery operators or cemetery operators of a class described in the notice to report to the Cemeteries Agency on the operators’ performance in managing the cemeteries and on such other matters as the Cemeteries Agency considers appropriate.
Any such requirement may specify—
(a) the intervals at which operators must report to the Cemeteries Agency, and
(b) the performance management criteria against which the performance of operators is to be assessed by the Cemeteries Agency.
A cemetery operator must comply with any requirement imposed on the operator by a notice under this section.
Maximum civil penalty: $9,900.
A cemetery operator must keep such records (including accounting records) as may be prescribed by the regulations or as may be required by the Cemeteries Agency by notice in writing to the operator.
Maximum civil penalty: $9,900.
A cemetery operator must provide reports to the Cemeteries Agency in the form, at such times and concerning such matters or specifying such information, as may be required by the Cemeteries Agency by notice in writing to the operator.
Maximum civil penalty: $9,900.
A cemetery operator must, at the request of the Cemeteries Agency—
(a) give the Cemeteries Agency such information as the Agency reasonably requires for the purpose of carrying out the Agency’s functions under this Act, and
(b) forward to the Cemeteries Agency specified records (including accounting records), or copies of or extracts from specified records, kept by the operator.
Maximum civil penalty: $9,900.
This division does not affect the operation of the Environmental Planning and Assessment Act 1979 and the Heritage Act 1977.
In this division—
A renewal exemption may exempt a cemetery operator from specified provisions of Part 4 in relation to interment rights within a renewal works area.
However, a renewal exemption must not exempt a cemetery operator from section 46(1)(d) or (2).
A renewal exemption must—
(a) identify the renewal works area, and
(b) describe the renewal works to be carried out within the area, and
(c) specify the provisions of Part 4 to which the exemption relates.
A renewal exemption may provide for the exemption to continue after the completion of the renewal works.
For this Act, renewal works carried out above the surface of the ground in accordance with a renewal exemption are to be taken as not disturbing remains below the ground.
A cemetery operator may apply to the Minister for a renewal exemption.
The application must comply with the requirements prescribed by the regulations, if any.
The Minister may, on application—
(a) grant the renewal exemption in accordance with the regulations, if any, or
(b) refuse to grant the renewal exemption.
The Minister may require the cemetery operator to provide further information about the application before making a decision.
The Minister must not grant an exemption unless the Minister—
(a) is satisfied the exemption is in the public interest and consistent with one or more objects of the Act, or
(b) is otherwise permitted by the regulations.
In deciding whether to grant or refuse an application for a proposed renewal exemption specifying a renewal works area in part of a cemetery allocated for use by a religious or cultural group, the Minister—
(a) must consider submissions made, if any, by the religious or cultural group in relation to the proposed renewal exemption, and
(b) may refuse to grant the renewal exemption if the exemption would result in that part of the cemetery operating in a way inconsistent with the cultural or religious practices of the group.
The Minister may grant the exemption, subject to the regulations—
(a) for a specified term, and
(b) with or without conditions.
A cemetery operator who holds a renewal exemption must comply with the renewal exemption, including the conditions of the renewal exemption.
Maximum civil penalty—$27,500.
The regulations may make further provision about renewal exemptions and renewal works, including the following—
(a) the grant, amendment, revocation, renewal, conditions and publication of renewal exemptions,
(b) public consultation about proposed renewal exemptions, including consultation with the community and cultural and religious leaders within the community,
(c) negotiations with holders of interment rights within a renewal works area in relation to renewal works, including dealing with objections by holders about renewal works,
(d) compensation payable by cemetery operators to holders of interment rights within a renewal works area in relation to renewal works and renewal exemptions, including the imposition of conditions on renewal exemptions specifying requirements in relation to the compensation,
(e) the care and management of memorials within a renewal works area, including the removal, relocation, disposal and erection of memorials.
In this Part—
(a) in relation to a cemetery operator that is a Crown cemetery operator—means the fee determined in relation to a matter by the operator under section 107, and
(b) in relation to any other cemetery operator—means a fee determined in relation to a matter by the operator.
(a) the placement of human remains in a mausoleum, vault, columbarium or other structure designed for the placement of such remains, or
(b) the burial in the earth of human remains (directly in the earth or in a container).
Except as provided by subsection (2), Subdivision 3 does not apply to or in respect of, or affect, the following—
(a) any burial licence granted under the Crown Lands Act 1989 before the commencement of this section,
(b) any right, licence or other entitlement in the nature of an interment right given by contract or other agreement by the person responsible for the management of the affairs of a cemetery before the commencement of this section.
A burial licence or other entitlement referred to in subsection (1) is taken on the commencement of this section to be an interment right granted under this Division and if the interment right was granted or given—
(a) in perpetuity or without a fixed term—to have been granted or given (on the same terms as it was originally granted or given) as a perpetual interment right, or
(b) for a fixed term—to have been granted or given (on the same terms as it was originally granted or given) for the fixed term, the end of which is taken, for the purposes of this Division, to be the end of the statutory renewal period.
In the application of this Division to a portion of a cemetery, a reference to a cemetery is taken to include a reference to a portion of a cemetery.
This Division does not affect the operation of any regulations under the Public Health Act 2010 relating to cemeteries.
A cemetery operator must—
(a) permit the interment of the remains of the person to whom it relates at the site in a cemetery identified in, or in accordance with, the interment right, and
(b) take all reasonable steps to ensure the interment is carried out in accordance with the cultural or religious practice applicable to the part of the cemetery in which the interment site is located at the time the interment right is granted, and
(c) permit a memorial to the deceased person to be erected at the site with the approval of the cemetery operator, with or without conditions, on application by the holder of the interment right, and
(d) leave the remains undisturbed in perpetuity (or, in the case of a renewable interment right, until such time as the remains may be disturbed or removed in accordance with this Act) unless disturbance or removal at an earlier time is requested or authorised by the holder of the interment right, and
(e) leave any memorial to the deceased person lawfully erected at that site, with the permission of the cemetery operator, undisturbed unless the disturbance is otherwise permitted under Part 4, Division 2A.
A cemetery operator may require an application under subsection (1)(c) to be accompanied by a fee determined by the cemetery operator.
A cemetery operator must comply with the requirements of subsection (1) (d) and (e).
Maximum civil penalty: $27,500.
Subject to the regulations, a cemetery operator must ensure that any remains of a person that are disturbed or removed are dealt with in accordance with any cultural or religious practices applicable to the remains.
The cemetery operator may grant an interment right entitling the person or persons to whom it is granted the exclusive right of interment in a specified interment site—
(a) in perpetuity (a
perpetual interment right ), or(b) for the period an interment right granted under section 54 remains in force (a
renewable interment right ).
An interment right remains in force—
(a) if it is a perpetual interment right—in perpetuity, and
(b) if it is a renewable interment right—until the end of the period commencing on the day on which the interment right is granted and ending on the day the interment right expires under section 54 (the
statutory renewal period ).
The holder of an interment right may (subject to section 51) bequeath the right as if it were the holder’s personal estate.
A person to whom an interment right devolves as a result of a bequest does not become the holder of the right until the cemetery operator’s register is amended to indicate that fact.
On application made by a person to whom an interment right has devolved as a result of a bequest, the cemetery operator must amend the cemetery operator’s register so as to indicate that the person has become the holder of the interment right.
An application under this section must be in the form prescribed by the regulations or approved by the Cemeteries Agency and accompanied by the appropriate fee.
The executor or administrator (within the meaning of the Probate and Administration Act 1898) of the estate of the holder of an interment right who has bequeathed the interment right must give the relevant cemetery operator written notice of the death of the holder within the period prescribed by the regulations after the executor or administrator becomes aware of the death.
Subject to section 51, if the holder of an interment right dies and has not bequeathed the interment right, the interment right is to be dealt with as if it were personal property forming part of the estate of an intestate.
A person to whom an interment right devolves as a result of intestacy does not become the holder of the interment right until the relevant cemetery operator’s register is amended to indicate that fact.
On application made by a person to whom an interment right has devolved as a result of intestacy, the cemetery operator must amend the relevant cemetery operator’s register so as to indicate that the person has become the holder of the interment right.
An application under this section must be in the form prescribed by the regulations or approved by the Cemeteries Agency and accompanied by the appropriate fee.
On the death of a joint holder of an interment right, the remaining joint holder is, or joint holders are, entitled to the interment right.
The last surviving joint holder is the only holder of the interment right who may bequeath the interment right in accordance with section 49(1).
The interment right is not subject to section 50(1) unless the last surviving joint holder of the interment right dies and has not bequeathed the interment right.
A cemetery operator may revoke a perpetual interment right that the cemetery operator, or any previous cemetery operator for the cemetery concerned, has granted if the right conferred by the perpetual interment right is not exercised within 50 years after it is granted.
The cemetery operator must not revoke the perpetual interment right until 90 days after the cemetery operator has taken reasonable steps to notify each holder of the interment right in a way consistent with the Reasonable Notification Guidelines.
A holder of the perpetual interment right may enter into negotiations with the cemetery operator for—
(a) the sale of the perpetual interment right, or
(b) the retention of the perpetual interment right.
Subject to subsection (2), the cemetery operator may revoke the perpetual interment right before agreement with a holder, if any, on the sale or retention of the perpetual interment right.
(Repealed)
If, under section 52, a cemetery operator revokes the perpetual interment right for an interment site the former holder of that interment right is entitled to one or other of the following at the election of the cemetery operator (but no other compensation or entitlement with respect to the revocation)—
(a) to be granted a perpetual interment right for an alternative interment site in the same cemetery (and, if available, in the same general location) as the original interment site,
(b) to be paid by the cemetery operator, by way of compensation, an amount equal to half of the fee payable (as provided by the cemetery operator’s current scale of fees) for the granting of a perpetual interment right for an alternative interment site in the same cemetery (and, if available, in the same general location) as the original interment site.
If there is no alternative interment site available, or if there is no applicable scale of fees, the amount of compensation referred to in subsection (1) (b) is to be half of the fee payable for the granting of an interment right under the most recent applicable scale of fees, varied in proportion to any variation in the Consumer Price Index (All Groups Index) for Sydney that has occurred between the date on which that scale was established and the date of revocation of the interment right.
A cemetery operator must ensure that any report on its accounts contains an estimate of its contingent liability with respect to any interment rights it has revoked.
(Repealed)
Despite section 58 (Transfer of interment right to a person other than cemetery operator), if the former holder of the revoked interment right is granted an interment right for an alternative interment site, that interment right may not be transferred by the former holder within 5 years after the date on which it was granted.
An application for an entitlement under this section—
(a) must be in the form approved by the Cemeteries Agency, and
(b) must be accompanied by the appropriate fee, and
(c) must be lodged with the cemetery operator within 6 years after the date on which the relevant interment right was revoked.
Pursuant to section 107 (8) the fee referred to in paragraph (b) if set by a Crown cemetery operator is subject to variation or disallowance by the Cemeteries Agency.
A former holder of a revoked interment right may apply to the Cemeteries Agency for a review of any election of the cemetery operator under this section.
The Cemeteries Agency’s decision on such a review—
(a) is final, and
(b) is taken to be the decision of the cemetery operator, and
(c) is to be given effect to accordingly.
For an interment right jointly held and revoked by the cemetery operator—
(a) an interment right granted under subsection (1)(a) must be jointly held by the former holders, and
(b) the payment of compensation under subsection (1)(b) must be paid in equal shares to the former joint holders, and
(c) if an interment right for an alternative site is granted jointly to the former holders, the prohibition on the transfer of the interment right under subsection (5) applies to the former holders jointly, and
(d) an application for review under subsection (7) may be made by a former holder of the revoked interment right, whether jointly or not.
In this section,
For this Act, a holder of an interment right held by one or more other persons must act jointly with all holders of the interment right in connection with the interment right unless otherwise provided for by this Act.
A cemetery operator, on application and payment of the appropriate fee, may grant to one person (or to two or more persons as joint holders) a renewable interment right in relation to a specified interment site in the cemetery—
(a) for the interment of human remains of the person or persons to whom the right relates after they have been cremated (
cremated remains )—for an initial term of up to 99 years commencing on the day it is granted, and(b) for the interment of human remains (other than cremated remains) of the person or persons to whom the right relates—for an initial term of 25 years commencing on the day it is granted.
A renewable interment right must not be granted in a portion of a cemetery consecrated for use by a religious or cultural group that requires perpetual interment.
The cemetery operator, on application and payment of the appropriate fee—
(a) must renew an interment right that is due to expire within 12 months for a further consecutive term of at least 5 years that when aggregated with the initial term and any further terms of renewal does not exceed 99 years, and
(b) may, if the application is made on or after an interment of the human remains of a person to whom the right relates, renew that right for a further consecutive term of at least 5 years agreed with the holder of the right that when aggregated with the initial term and any further terms of renewal does not exceed 99 years,
(c) must, if the application is made within 6 months after the day on which an interment of the human remains of a person to whom the right relates occurs, renew that interment right for a further consecutive term of at least 5 years that when aggregated with the initial term and any further terms of renewal does not exceed 99 years.
If an application for the renewal of a renewable interment right jointly held is not made by all holders, the cemetery operator must, before granting the application—
(a) take reasonable steps, in a way consistent with the Reasonable Notification Guidelines, to notify the holders of—
(i) the application for renewal, and
(ii) the period within which a holder may join the application for renewal, and
(b) if a holder requests to be joined within the period, permit the holder to be joined without payment of a fee.
The grant or renewal of a renewable interment right has no effect unless the cemetery operator gives the applicant for the grant or renewal notice of the rights to renew the renewable interment right under subsection (3) (a) and (c) on payment of a fee and the manner in which the fee will be calculated.
A renewable interment right expires if it is not renewed before the end of a term for which it is granted or renewed under this section.
Subject to the regulations, a cemetery operator must, at least 12 months before a renewable interment right granted by the cemetery operator is due to expire, take reasonable steps, in a way consistent with the Reasonable Notification Guidelines, to notify the following persons of the entitlement to apply to renew the right and the application fee—
(a) the holder or holders of the renewable interment right,
(b) all persons shown in the cemetery operator’s register as secondary contacts for the holder or holders.
A person who is the holder of a renewable interment right that has expired, or to whom such a right relates, may apply for a new renewable interment right in relation to the interment site to which the expired renewable interment right relates no later than 2 years after the expiry.
For a joint holder of a renewable interment right who has not applied for the right to be renewed—
(a) the right is taken not to have been renewed and expires in accordance with subsection (5), and
(b) the holder is not entitled to apply for a new renewable interment right under subsection (7) in relation to the interment site to which the renewable interment right applied.
The regulations may—
(a) prescribe a different period of any term of a renewable interment right to a period specified in subsection (1) or (3), and
(b) prescribe the matters which a cemetery operator must disclose to an applicant for a renewable interment right, and
(c) make provision for or with respect to a cooling off period prescribed by the regulations for the taking of effect of an interment right, and
(d) without limiting paragraph (c), provide for the waiver of the cooling off period in circumstances prescribed by the regulations.
Subject to this section and the regulations, if a renewable interment right in respect of an interment site expires, the cemetery operator may at the end of the period of 2 years after it expires do the following—
(a) re-use the interment site to which the renewable interment right related,
(b) remove any memorial to a deceased person erected on or at the site.
A cemetery operator must not re-use an interment site or remove any memorial to a deceased person on an interment site unless—
(a) the cemetery operator has sought the advice (if any) required by section 69 (2) of the heritage advisory committee for the cemetery concerned, and
(b) the cemetery operator has given notice, in a way consistent with the Reasonable Notification Guidelines, of the cemetery operator’s intention to re-use the interment site or remove the memorial, and
(c) the cemetery operator has taken reasonable steps to give notice, in a way consistent with the Reasonable Notification Guidelines, of its intention to re-use the interment site or remove the memorial to the holder of the interment right and each person (if any) shown in the relevant cemetery operator’s register as a secondary contact with respect to the holder listed in the cemetery operator’s register, and
(d) in the case of the removal of a memorial—the cemetery operator has taken reasonable steps to give notice, in a way consistent with the Reasonable Notification Guidelines, of the steps that the person can take to reclaim the memorial.
Subsection (1) does not apply to an interment site on or at which a memorial of the following kind is erected—
(a) a memorial that is an item of local heritage significance or State heritage significance under the Heritage Act 1977,
(b) a memorial relating to a grave listed by the Office of Australian War Graves,
(c) a memorial in relation to a person who died from a prescribed infectious disease within the meaning of Division 3 of Part 8 of the Public Health Regulation 2012.
Subject to subsection (6), before an interment site is re-used after the expiration of a renewable interment right the cemetery operator must ensure—
(a) that any human remains of a deceased person (other than cremated remains) buried in the earth found at the site are placed in an ossuary box and re-interred at a greater depth or placed in an ossuary house or similar place, and
(b) that any cremated remains found at the site are—
(i) in relation to a renewable interment right held by one person—returned to the holder of the renewable interment right, or
(ii) in relation to a renewable interment right held jointly—returned to one of the holders with the agreement of all holders, or
(iii) scattered in the cemetery, and
(c) any other requirements prescribed by the regulations with respect to human remains interred at the site are complied with.
The cemetery operator must ensure that the human remains of a deceased person are dealt with in accordance with any cultural or religious practice applicable in the part of the cemetery in which the interment site is located when the human remains were originally interred.
Despite subsection (1), an interment site may not be re-used by a cemetery operator unless—
(a) any human remains of a deceased person (other than cremated remains) that are interred in the site have been interred for at least 25 years, and
(b) the cemetery operator considers the body is in a sufficiently decomposed state to comply with subsection (4).
Maximum civil penalty (subsection (6) (a)): $27,500.
The regulations may make provision for or with respect to—
(a) the re-use of interment sites and removal and disposition of memorials under this section, and
(b) the notices and authorisations required before any thing is done under subsection (1).
A cemetery operator may grant an interment right in respect of an interment site in a cemetery.
An application for an interment right must be in the form approved by the Cemeteries Agency and be accompanied by the appropriate fee.
An interment right may be granted to one person or to 2 or more persons as joint holders.
A cemetery operator for a cemetery must not, without the approval of the Cemeteries Agency, grant or transfer an interment right for the cemetery to a person if the grant or transfer of the interment right will result in the person holding, whether jointly or not, interment rights for more than—
(a) 10 interment sites in the cemetery, or
(b) 2 interment sites in the cemetery for which no interments have occurred.
An interment right granted by a cemetery operator must—
(a) identify the person or persons to whom the right is granted, and
(b) identify the interment site to which the right relates, and
(c) specify the number of persons whose remains may be interred pursuant to the right at that site, and
(d) identify the person or persons or class of persons whose remains may be interred pursuant to the interment right or provide that a specified person or person of a specified class may, at a future time, nominate the person or persons whose remains may be interred pursuant to the interment right, and
(e) identify whether the interment right is granted as a perpetual interment right or as a renewable interment right, and
(f) specify that the interment right may (subject to section 56 (4)) be transferred, and
(g) subject to any applicable mandatory code of practice requirement imposed under section 31, specify any other conditions on which the interment right is granted.
A cemetery operator may, on application, transfer an interment right from one person or 2 or more persons as joint holders to one person or 2 or more other persons as joint holders.
An application under subsection (1) may be made only by the holder of the interment right concerned or, if the interment right is held by joint holders, by all the joint holders.
An application for the transfer of an interment right must be in the form prescribed by the regulations or approved by the Cemeteries Agency and be accompanied by the appropriate fee.
A cemetery operator may enter into arrangements with the holder of an interment right for the transfer of the interment right to the cemetery operator.
A cemetery operator may refuse to grant or transfer an interment right if, in the operator’s opinion, the grant or transfer would tend to create a monopoly or encourage dealing in interment rights.
A cemetery operator may determine a person is a holder of an interment right if the cemetery operator—
(a) is of the opinion the person is the holder or joint holder of the interment right, or
(b) the person would be the holder or joint holder but for another person being incorrectly recorded as the holder on the cemetery operator’s register.
The cemetery operator must not make a determination unless the cemetery operator—
(a) has taken reasonable steps to notify all persons who are holders, or may be eligible to be a holder, of the interment right about the proposed determination in a way consistent with the Reasonable Notification Guidelines, and
(b) for each person notified—has given the person 90 days to make submissions to the cemetery operator about the proposed determination, and
(c) in deciding whether to make the determination, has considered the submissions made by each person notified by the end of the period.
A person or 2 or more persons may apply to the cemetery operator for a determination that the person or persons hold an interment right.
An application must be given in the way approved by the cemetery operator.
An application must—
(a) be accompanied by particulars required by the cemetery operator, and
(b) be accompanied by other information prescribed by the regulations, including personal or confidential information, and
(c) demonstrate, to the satisfaction of the cemetery operator, that reasonable steps have been taken, in a way consistent with the Reasonable Notification Guidelines, to notify holders or possible holders of the application.
The cemetery operator must, as soon as practicable after receiving an application—
(a) determine the applicant is a holder of the interment right, or
(b) refuse to determine the application.
A cemetery operator must not make a determination unless the cemetery operator is satisfied the applicant—
(a) has taken reasonable steps, in a way consistent with the Reasonable Notification Guidelines, to notify all persons who are holders, or may be eligible to be a holder, of the interment right about the making of the application, and
(b) either—
(i) by operation of section 49, 50 or 51, would be entitled to be the holder or joint holder had a person who was entitled to be the holder or joint holder been recorded as the holder on the cemetery operator’s register, or
(ii) would be the holder or joint holder but for another person incorrectly recorded as the holder on the cemetery operator’s register.
The cemetery operator must give an applicant reasons if the cemetery operator refuses the application.
In making a determination under section 61, the cemetery operator—
(a) must consider all relevant information given by the applicant, and
(b) may rely on written information given by a person to the cemetery operator that the person is not the holder or does not claim any other kind of interest in the right, and
(c) may consider other matters the cemetery operator considers relevant.
The cemetery operator may, by written notice given to the applicant, require the applicant to give, by a specified time, additional information to assist the cemetery operator in making a determination.
The cemetery operator may—
(a) delay consideration of the application until the required information is given, or
(b) refuse to consider the application if the additional information is not given within the time specified.
No interment right is required for the scattering of cremated remains in a cemetery.
A cemetery operator for a cemetery must cause a register to be kept of the following events—
(a) interment rights granted by the cemetery operator in respect of interment sites in the cemetery after the commencement of this paragraph,
(b) memorials erected in respect of interment sites in the cemetery after the commencement of this paragraph,
(c) each interment carried out in the cemetery after the commencement of this paragraph,
(d) each cremation carried out at the cemetery after the commencement of this paragraph,
(e) such other events (whether of the same or a different kind) as may be prescribed by the regulations.
Maximum civil penalty: $2,200.
A reference in this Act to the
The cemetery operator’s register may be wholly or partly in the form of a computer database, in documentary form, or in another form prescribed by the regulations and is to contain such particulars as are required by the regulations.
Without limiting subsection (3), the cemetery operator’s register is to—
(a) identify (as far as possible) each holder of an interment right, and
(a1) include whether that holder is a joint holder of the interment right, and
(b) include contact details for that holder, and
(c) include contact details for any next-of-kin or other persons nominated by the holder as secondary contacts with respect to the holder, and
(d) include the name, age and last address of the person whose remains have been interred, the date of the person’s death and the date of the interment, and
(e) include the name, age and last address of the person whose remains have been cremated, the date of the person’s death, the date of the cremation and details of the disposal of the cremated remains.
The cemetery operator must make an entry relating to an interment or cremation immediately after the interment or cremation is carried out.
Maximum civil penalty: $2,200.
The cemetery operator must keep a copy of the cemetery operator’s register at the cemetery and make it available for inspection on request by an authorised officer within the meaning of this Act or the Public Health Act 2010.
Maximum civil penalty: $2,200.
A cemetery operator must make the cemetery operator’s register available for public inspection free of charge.
An entry in the cemetery operator’s register of the particulars referred to in subsection (4) is presumed (unless the contrary is proved) to be correct.
The cemetery operator must, as soon as reasonably practicable, amend the cemetery operator’s register—
(a) to correct an inaccuracy, error or omission on becoming aware of the inaccuracy, error or omission, or
(b) to record changes to an interment right as a result of—
(i) a transfer, revocation or determination of a holder of an interment right, or
(ii) the death of the holder of an interment right, or
(iii) another matter, or
(c) to record information, including a direction or notice, required by this Act to be recorded on the register.
Maximum civil penalty—$2,200.
The cemetery operator must, on application made by any person, make available to the person a copy of any entry made in the cemetery operator’s register in relation to an interment right or memorial.
Such an application must be in the form prescribed by the regulations or approved by the Cemeteries Agency and accompanied by the appropriate fee.
If a cemetery operator ceases to direct the operations of a cemetery, the cemetery operator must ensure the cemetery operator’s register is sent to the Cemeteries Agency or otherwise disposed of as the Cemeteries Agency directs.
Maximum civil penalty: $2,200.
A cemetery operator must keep all applications, certificates, permits and other documents relating to any cremation carried out by it and mark them with a number corresponding to the number allocated to the cremation in the cemetery operator’s register.
Maximum civil penalty: $2,200.
Those documents (other than the register or any part of it) may be destroyed by the cemetery operator after 15 years from the date of the cremation to which they relate.
When a crematorium is closed, the cemetery operator concerned must send all registers and documents relating to the cremations that have taken place at the crematorium to the Cemeteries Agency or otherwise dispose of them as the Cemeteries Agency may direct.
Maximum civil penalty: $2,200.
A cemetery operator who grants or renews an interment right, or transfers an interment right under section 58, must issue to the person to whom the right is granted, renewed or transferred a certificate for the interment right—
(a) stating that the person holds an interment right that is in force in relation to an interment site described in the certificate and setting out the matters specified in section 57, and
(b) setting out the notice required to have been given by section 54(4).
A cemetery operator must issue a certificate for an interment right to a person if, at any other time, the cemetery operator becomes aware the person is entitled to hold an interment right under this Act.
A cemetery operator must issue an updated certificate for an interment right to a holder—
(a) if an amendment to the cemetery operator’s register causes a statement in the holder’s certificate to be incorrect, and
(b) stating the certificate replaces a previous certificate issued to the holder for the interment right.
If a certificate for an interment right is stolen, lost or destroyed, the cemetery operator may, on application and payment of the appropriate fee, issue a replacement certificate.
A certificate for an interment right must be in a form—
(a) prescribed by the regulations, or
(b) approved by the Cemeteries Agency.
A cemetery operator must, before issuing a certificate for an interment right, ensure the information in the certificate is consistent with information recorded on the cemetery operator’s register.
Maximum civil penalty—$27,500.
Exhumations are not to take place—
(a) except in accordance with the requirements of the regulations made under the Public Health Act 2010, and
Note. See Division 4 of Part 8 of the Public Health Regulation 2012.
(b) unless an order for exhumation has been issued by the cemetery operator.
Without limiting subsection (1), any exhumation is to be carried out in accordance with any cultural or religious practice applicable to the dead person whose remains are to be exhumed.
In this section—
Despite section 53A, a cemetery operator may permit the interment of remains in relation to an interment right jointly held if—
(a) a written application is made to the cemetery operator by at least one of the joint holders requesting the interment, and
(b) the application is accompanied by a declaration by the applicant that the other holders of the interment right who are not making the application are unavailable to act jointly.
The application must be made in the way determined by the cemetery operator.
A person must not carry out an interment in a cemetery unless the person holds an order for interment issued by the cemetery operator for the cemetery.
Maximum penalty—250 penalty units.
A cemetery operator must issue an order for interment in writing.
A cemetery operator must not issue an order for interment that—
(a) applies to more than 1 site, or
(b) permits the interment of the remains of more than 1 person at the interment site unless the remains will be interred at the same time.
A cemetery operator must not unreasonably delay or withhold from making an order for interment.
A cemetery operator may set down the procedure to be followed to obtain an order for interment.
A cemetery operator must keep, for the period prescribed by the regulations, a record of the issue of an order for interment.
Subsection (4) does not affect the operation of the State Records Act 1998 or the regulations made under that Act.
Interments are not to take place except at such reasonable times as the cemetery operator may from time to time determine.
A cemetery operator is not subject to civil liability in connection to a protected action if done in good faith and in accordance with this Act.
In this section—
(a) a determination of a holder under section 61,
(b) an approval granted under section 66A,
(c) a memorial works approval under section 70D.
The Cemeteries Agency must, by order, publish guidelines for cemetery operators about taking reasonable steps in relation to notifications, decisions and other matters concerning interment rights under this Act or the regulations.
The Cemeteries Agency must publish the guidelines on the website of the Cemeteries Agency.
The guidelines may make provision for the following—
(a) the actions considered reasonable for the purposes of identifying or notifying, or attempting to identify or notify, holders or persons who may be eligible to be holders,
(b) the amount of time considered reasonable in the circumstances for persons to respond to notifications concerning interment rights, including works relating to memorials,
(c) the appropriate way to notify persons in relation to interment rights,
(d) the extent to which information, including information on a cemetery operator’s register, may be reasonably relied on in relation to decisions concerning interment rights,
(e) other matters concerning interment rights.
The cemetery operator for a cemetery that offers renewable interment rights must establish a heritage advisory committee—
(a) if burial licences or other entitlements referred to in section 45 (2) (b) were offered by the cemetery before the commencement—as soon as practicable after the commencement, and
(b) in any other the case—at least 3 years before the first renewable interment right granted by the cemetery operator after the commencement of this section is due to expire.
Before removing any memorial that has not been reclaimed or moving any bodily remains from an interment site, a cemetery operator required to establish a heritage advisory committee by subsection (1) must seek the advice of the heritage advisory committee as to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the memorial and the appropriate action to take to preserve its value.
In this clause—
On and from the appointed day, the general crematorium lease is taken to have been granted by the Minister under section 34A of the Crown Lands Act 1989 for the purposes of a crematorium.
The lessor or lessee under the general crematorium lease, or the new RNT, may appeal to the Land and Environment Court against a valuation made, or purporting to have been made, by the Valuer-General under the terms of the lease.
As at the appointed day, the terms of the lease included those prescribed by Schedule 3 to the 1901 Act, clause 5 of which provided for the valuation of the general crematorium site by the Valuer-General for the purpose of determining the rent payable in relation to that site.
Pending the determination of an appeal under this clause, the valuation to which the appeal relates, and the lessee’s liability for any rent payable on the basis of that valuation, are unaffected by the appeal.
Pursuant to section 19 of the Land and Environment Court Act 1979, an appeal under this clause falls within Class 3 of the Land and Environment Court’s jurisdiction.
Section 6.4 and Division 6.3 of the Crown Land Management Act 2016 do not apply to or in respect of the general crematorium lease.
In any other Act or instrument, a reference to the JCNT or the old RNT extends to the new RNT.
During the last 6 months of each financial year commencing on or after 1 July 2010, the Rookwood Necropolis Trust—
(a) must make estimates for the following financial year of its expenditure and of its revenue apart from this clause, and
(b) must determine, on the basis of those estimates, the total amount that it will need to obtain for the following financial year from contributions from the denominational trusts, and
(c) must notify the Minister of the total amount so determined, and
(d) subject to the Minister’s approval of the total amount so determined, must determine the contribution payable by each denominational trust in respect of that amount, and
(e) must notify each denominational trust of the contribution payable by it for the following financial year.
The Rookwood Necropolis Trust must consult with the denominational trusts as to its expenditure and revenue before making the estimates referred to in subclause (1) (a).
Each denominational trust must pay the contribution determined in respect of it under subclause (1) (d), by way of 4 equal instalments, within 28 days after the start of each quarter.
For the purposes of subclause (1) (d), the contribution payable to the Rookwood Necropolis Trust by a denominational trust is to be calculated in accordance with the following formula—
where—
In this clause—
Within 28 days after the end of each quarter, a denominational trust that operated a crematorium in the Rookwood Necropolis during that quarter must pay to the Rookwood Necropolis Trust a fee calculated by multiplying $100 by the number of cremations carried out by it in the crematorium during that quarter.
No such fee is payable in respect of cremations carried out, by the lessee under the general crematorium lease, in the crematorium situated on the general crematorium site.
The fee payable under this clause is additional to any contribution payable under clause 24.
Within 7 days after the end of each quarter, a denominational trust that carried out interments or cremations in the Rookwood Necropolis during that quarter must provide the Rookwood Necropolis Trust with the number of interments and cremations carried out by it in the Rookwood Necropolis during that quarter.
(Repealed)
(a) an Aboriginal place, or land reserved as a historic site, within the meaning of the National Parks and Wildlife Act 1974,
(b) a place at which cremated remains are scattered but which is not otherwise used for the disposal of human remains,
(c) a place on private land, where the area of the landholding is 5 hectares or more and the location has been approved by a local government authority for the purposes of placing a body in a grave or vault,
(d) any other place, or place of a class, prescribed by the regulations.
(a) Crown land, or part of Crown land, that is dedicated or reserved under the Crown Land Management Act 2016 for use for the purposes of a public cemetery or crematorium (or both),
(b) a private cemetery or other place approved for that purpose by a local government authority,
(c) land reserved (otherwise than as a historic site) under the National Parks and Wildlife Act 1974 or acquired under Part 11 of that Act, where the location has been approved for that purpose by—
(i) a person or body (including a local council, trust board or board of management within the meaning of that Act) in which the care, control and management of the land is vested, or
(ii) if no such person or body has been vested with the care, control and management of the land—the Secretary of the Department of Planning and Environment.
(a) engages, for the purpose of burial or cremation, in the collection, transport, storage, preparation or embalming of bodies, or
(b) engages in the conduct of exhumations.
(a) a public authority constituted by or under an Act, or
(b) a NSW Government agency, or
(c) a Public Service agency, or
(d) except in section 11 (4) (b)—a council or other local authority, or
(e) a State owned corporation.
(a) the remains of a stillborn child, and
(b) bodily remains after they have been cremated.
(a) burials, exhumations and cremations,
(b) the operation of cemeteries and crematoria,
(c) the design, construction and maintenance of the following—
(i) buildings, memorials, mausoleums, vaults and other structures and things in cemeteries and crematoria,
(ii) walls, fences, paths, drains and other works of cemeteries and crematoria,
(d) without limiting paragraph (c) (i), responsibility for the maintenance of structures and things referred to in that subparagraph,
(e) the equipment used in cemeteries and crematoria, including its maintenance,
(f) the grounds of cemeteries and crematoria, including their maintenance,
(g) the position, depth and maintenance of graves,
(h) the construction of coffins to be placed in vaults,
(i) interment and other rights in relation to cemeteries and crematoria,
(j) the making and keeping of records about cemeteries and crematoria, including records of burials, exhumations and cremations and burial and other rights in relation to cemeteries and crematoria,
(k) the inspection of cemeteries and crematoria and their records.
(a) cremation, and
(b) other services prescribed by the regulations.
(a) a gravestone, plaque, cenotaph or other monument, or
(b) any other structure or permanent physical object used to memorialise a deceased person.
(a) without preparation of the remains using chemical preservatives and by containment of the remains only in a shroud or biodegradable coffin, and
(b) with no memorialisation on the interment site.
(a) for a Crown cemetery or crematorium—the Crown cemetery operator,
(b) for a cemetery or crematorium administered by a council having control under section 48 of the Local Government Act 1993—the council,
(c) in any other case—the person or body for the time being responsible for the management of the cemetery or crematorium.
Cemeteries and Crematoria Act 2013 No 105. Assented to 27.11.2013. Date of commencement, except sec 145, Part 4, cll 3 and 4 of Sch 3 and Sch 6.1 [8], 6.2 [1] [3] and [4] and 6.6 [2]–[4] and [8], 1.11.2014, sec 2 and 2014 (678) LW 24.10.2014; date of commencement of sec 145, Part 4, cll 3 and 4 of Sch 3 and Sch 6.1 [8], 6.2 [1] [3] and [4] and 6.6 [2]–[4] and [8], 25.6.2018, sec 2 and 2018 (274) LW 22.6.2018. This Act has been amended as follows—
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Schs 1.4 and 2.8, 4.7.2014, sec 2 (1). | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 1, 8.1.2016, sec 2 (1). | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 3.3, 6.1.2017, sec 2 (1). | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 2.2, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. Sch 2.2 [40] was without effect as the Schedule being amended was repealed by the Interpretation Act 1987 No 15. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Schs 2 and 3, 7.7.2017, sec 2 (3). | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 2.3, 1.8.2018, sec 2 (3); date of commencement of Sch 3, 14 days after assent, sec 2 (1). | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 1.2, 8.1.2019, sec 2 (1). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
No 35 | Government Sector Employment and Other Legislation Amendment Act 2024. Assented to 24.6.2024. Date of commencement, 1.7.2024, sec 2 and 2024 (235) LW 26.6.2024. | |
No 32 | Cemeteries and Crematoria Amendment Act 2025. Assented to 12.6.2025. Date of commencement of Sch 1[1] [9] [11]–[47] [50] [55] and [58], 1.9.2025, sec 2(c); date of commencement of Sch 1[2]–[8] [10] [48] [49] [51]–[54] and [57], 1.7.2025, sec 2(b); date of commencement of Sch 1[56]: not in force. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2017 No 17, Sch 2.2 [1]; 2025 No 32, Sch 1[1]. |
Sec 4 | Am 2017 No 17, Sch 2.2 [2]. |
Sec 5 | Am 2017 No 17, Sch 2.2 [3] [4]; 2018 No 25, Sch 3.4. |
Sec 7 | Am 2014 No 33, Sch 1.4 [1]. |
Sec 7A | Ins 2025 No 32, Sch 1[2]. |
Sec 8 | Am 2025 No 32, Sch 1[3]–[6]. |
Sec 9 | Am 2025 No 32, Sch 1[7]. |
Sec 11 | Am 2025 No 32, Sch 1[8]. |
Sec 12 | Am 2025 No 32, Sch 1[9]. |
Sec 14 | Am 2017 No 17, Sch 2.2 [5]–[8]. |
Part 2, Div 3 | Rep 2025 No 32, Sch 1[10]. |
Part 2, Div 3, Subdiv 1 | Rep 2025 No 32, Sch 1[10]. |
Sec 16 | Rep 2025 No 32, Sch 1[10]. |
Part 2, Div 3, Subdiv 2 | Rep 2025 No 32, Sch 1[10]. |
Sec 17 | Rep 2025 No 32, Sch 1[10]. |
Sec 18 | Rep 2025 No 32, Sch 1[10]. |
Sec 19 | Rep 2025 No 32, Sch 1[10]. |
Sec 20 | Rep 2025 No 32, Sch 1[10]. |
Sec 21 | Rep 2025 No 32, Sch 1[10]. |
Sec 22 | Am 2017 No 17, Sch 2.2 [9]; 2025 No 32, Sch 1[11]. |
Sec 23 | Subst 2018 No 70, Sch 3.9. |
Sec 27 | Am 2025 No 32, Sch 1[12]. |
Sec 28 | Am 2016 No 55, Sch 3.3. |
Sec 29 | Am 2025 No 32, Sch 1[13]. |
Sec 33 | Am 2013 No 95, Sch 2.19 [1]. |
Part 3, Div 8 | Ins 2025 No 32, Sch 1[14]. |
Sec 43A | Ins 2025 No 32, Sch 1[14]. |
Sec 43B | Ins 2025 No 32, Sch 1[14]. |
Sec 43C | Ins 2025 No 32, Sch 1[14]. |
Sec 43D | Ins 2025 No 32, Sch 1[14]. |
Sec 43E | Ins 2025 No 32, Sch 1[14]. |
Part 4, heading | Am 2014 No 33, Sch 1.4 [2]. |
Sec 44 | Am 2015 No 58, Sch 1.2 [1]. |
Sec 46 | Am 2025 No 32, Sch 1[15]–[18]. |
Sec 50 | Am 2025 No 32, Sch 1[19]. |
Sec 51 | Am 2025 No 32, Sch 1[20]. |
Sec 52 | Am 2018 No 25, Sch 2.3 [1] [2]; 2025 No 32, Sch 1[21]. |
Sec 53 | Am 2015 No 58, Sch 1.2 [2]–[4]; 2025 No 32, Sch 1[22]–[24]. |
Sec 53A | Ins 2025 No 32, Sch 1[25]. |
Sec 54 | Am 2014 No 33, Sch 2.8 [1]; 2017 No 22, Sch 2.5; 2025 No 32, Sch 1[26]–[28]. |
Sec 55 | Am 2014 No 33, Sch 1.4 [3]; 2018 No 25, Sch 2.3 [3]; 2025 No 32, Sch 1[29]–[32]. |
Sec 56 | Am 2015 No 58, Sch 1.2 [5]; 2025 No 32, Sch 1[33]. |
Sec 60A | Ins 2025 No 32, Sch 1[34]. |
Sec 61 | Am 2018 No 25, Sch 2.3 [4] [5]. Subst 2025 No 32, Sch 1[34]. |
Sec 61A | Ins 2025 No 32, Sch 1[34]. |
Sec 63 | Am 2025 No 32, Sch 1[35] [36]. |
Sec 65 | Subst 2025 No 32, Sch 1[37]. |
Sec 66A | Ins 2025 No 32, Sch 1[38]. |
Sec 67 | Am 2025 No 32, Sch 1[39] [40]. |
Sec 68A | Ins 2025 No 32, Sch 1[41]. |
Sec 68B | Ins 2025 No 32, Sch 1[41]. |
Sec 69A | Ins 2025 No 32, Sch 1[42]. |
Part 4, Div 2A | Ins 2025 No 32, Sch 1[43]. |
Sec 70A | Ins 2025 No 32, Sch 1[43]. |
Sec 70B | Ins 2025 No 32, Sch 1[43]. |
Sec 70C | Ins 2025 No 32, Sch 1[43]. |
Sec 70D | Ins 2025 No 32, Sch 1[43]. |
Sec 70E | Ins 2025 No 32, Sch 1[43]. |
Sec 70F | Ins 2025 No 32, Sch 1[43]. |
Sec 70G | Ins 2025 No 32, Sch 1[43]. |
Sec 70H | Ins 2025 No 32, Sch 1[43]. |
Sec 70I | Ins 2025 No 32, Sch 1[43]. |
Sec 71 | Subst 2017 No 17, Sch 2.2 [10]. |
Sec 72 | Am 2017 No 17, Sch 2.2 [11]. |
Part 5, Div 2, heading | Am 2017 No 17, Sch 2.2 [12]. |
Part 5, Div 2, Subdiv 1 | Subst 2017 No 17, Sch 2.2 [13]. |
Secs 73–75 | Subst 2017 No 17, Sch 2.2 [13]. |
Secs 76–80 | Rep 2017 No 17, Sch 2.2 [13]. |
Sec 80A | Ins 2017 No 17, Sch 2.2 [14]. |
Secs 82–84 | Am 2017 No 17, Sch 2.2 [15]. |
Sec 85 | Am 2017 No 17, Sch 2.2 [16]. |
Sec 86 | Am 2017 No 17, Sch 2.2 [17]. |
Sec 88 | Am 2018 No 25, Sch 2.3 [6] [7]. |
Sec 89 | Am 2017 No 17, Sch 2.2 [15] [18] [19]. |
Sec 90 | Subst 2017 No 17, Sch 2.2 [20]. Am 2025 No 32, Sch 1[44]. |
Sec 91 | Am 2017 No 17, Sch 2.2 [21]. |
Sec 93 | Am 2017 No 17, Sch 2.2 [22] [23]. |
Sec 94 | Am 2017 No 17, Sch 2.2 [24]. |
Sec 98 | Am 2015 No 58, Sch 1.2 [6]. |
Sec 98A | Am 2017 No 17, Sch 2.2 [25]. |
Sec 99 | Subst 2017 No 17, Sch 2.2 [26]. |
Sec 100 | Am 2017 No 17, Sch 2.2 [27]. |
Sec 101 | Am 2017 No 17, Sch 2.2 [28]. |
Sec 102 | Am 2017 No 17, Sch 2.2 [29]. |
Sec 103 | Am 2015 No 58, Sch 1.2 [7]; 2017 No 17, Sch 2.2 [30]. |
Sec 104 | Am 2017 No 17, Sch 2.2 [31]. |
Sec 105 | Am 2017 No 17, Sch 2.2 [32]. |
Sec 106 | Am 2025 No 32, Sch 1[45]. |
Sec 109 | Am 2025 No 32, Sch 1[46]. |
Sec 110 | Am 2025 No 32, Sch 1[46]. |
Sec 111 | Subst 2017 No 22, Sch 3.8. |
Sec 124 | Am 2014 No 33, Sch 2.8 [2]; 2025 No 32, Sch 1[47]. |
Sec 125 | Am 2025 No 32, Sch 1[48]. |
Sec 127 | Am 2025 No 32, Sch 1[49]. |
Sec 132 | Am 2022 No 59, Sch 2.4. |
Sec 139A | Ins 2025 No 32, Sch 1[50]. |
Sec 139B | Ins 2025 No 32, Sch 1[50]. |
Sec 139C | Ins 2025 No 32, Sch 1[50]. |
Sec 141 | Am 2025 No 32, Sch 1[51] [52]. |
Sec 142 | Am 2017 No 17, Sch 2.2 [33]. |
Sec 143 | Rep 1987 No 15, sec 30C. |
Sch 1 | Am 2014 No 33, Sch 2.8 [3]; 2024 No 35, Sch 3.1. Subst 2025 No 32, Sch 1[53]. |
Sch 2 | Subst 2017 No 17, Sch 2.2 [34]. |
Sch 3 | Am 2025 No 32, Sch 1[54] [55]. |
Sch 4 | Am 2017 No 17, Sch 2.2 [35]–[37]; 2018 No 25, Sch 2.3 [8]; 2025 No 32, Sch 1[12]. |
Sch 5 | Am 2014 No 33, Sch 2.8 [4] [5]; 2017 No 17, Sch 2.2 [38] [39]. |
Sch 6 | Am 1987 No 15, sec 30C; 2014 No 33, Sch 1.4 [4] [5]. Rep 1987 No 15, sec 30C. |
Dictionary | Am 2013 No 95, Sch 2.19 [2]; 2014 No 33, Sch 1.4 [6]; 2017 No 17, Sch 2.2 [41]–[45]; 2018 No 68, Sch 1.2; 2023 No 35, Sch 4.4; 2025 No 32, Sch 1[57] [58]. |
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