A new interment rights system in NSW
In 2012, the NSW Government commenced a program of reforms to bring a coordinated, strategic approach to management of interment in New South Wales.
The Cemeteries and Crematoria Act 2013 (the Act) was passed by the NSW Parliament and commenced on 24 October 2014. Part 4 of the Act which introduces a new interment rights system in NSW commenced on 25 June 2018 with a 12 month transition period to June 2019 to enable implementation in a measured and systematic manner.
Information and resources to assist both cemetery operators and consumers will be progressively published on this website in the coming months.
Download the questions and answers fact sheet
Guide to heritage advisory committees—Issued under section 69 of the Act, has been developed and published to assist operators with the establishment and management of heritage advisory committees.
Download the Guide to heritage advisory committees
Guide to interment rights system in NSW has been developed and published to assist operators with understanding the new interment rights system as contained in part 4 of the Act.
Download the Guide to the interment rights system in NSW
Guide to a cemetery operator’s register has been developed and published to assist operators with the information compliance requirements for cemetery registers as required under part 4 of the Act and the Cemeteries and Crematoria Regulation 2014.
Download the Guide to a cemetery operator’s register
Guide to records: certificates and forms has been developed and published to provide basic templates as required under part 4 of the Act. Further information is provided in the guide.
Download the Guide to records: certificates and forms
Guide for applications from cemetery operators for an exemption to allow granting multiple interment rights to an applicant. Section 56(4) of the Act prohibits a cemetery operator from granting interment rights in a cemetery if such a grant results in a person holding more than two interment sites in that cemetery. This restriction can removed if approved by CCNSW. The guide provides information requirements which cemetery operators must provide when making an application.
Download the templates
The templates from the Guide to records: certificates and forms are provided in Word format.
- Template A - Application for a perpetual interment right
- Template B - Application for a renewable interment right
- Template C - Application to renew a renewable interment right
- Template D - Order for interment
- Template E - Certificate of a perpetual interment right
- Template F - Certificate of a renewable interment right
- Template G - Application for transfer of an interment right (by holder)
- Template H - Application for transfer of an interment right as a bequest
- Template I - Application for transfer of an interment right as a result of intestacy
- Template J - Application for compensation after revocation of a perpetual interment right
- Template K - Application for copy of entry from cemetery operators register
Guide to terms and reference used the interment sector has been developed and published as a resource for the use of operators and the general public.
General Information Quick Guides
Download information about interment rights:
- Interment Rights in NSW
- Perpetual interment rights
- Renewable interment rights
- Transfer or bequest of an interment right
- Natural burial
- Complaint resolution
- Respecting practices and beliefs of Indigenous Australians
General Consumer Guide
Download the General Consumer Guide which covers interment rights, burial and cremation options and general pricing information.
Information regarding religious or cultural practices
The Cemeteries and Crematoria Regulation 2014 requires that before human remains can be disturbed, cemetery operators must make all reasonable efforts to ascertain any cultural or religious practices which apply to those remains.
To assist in identifying relevant cultural or spiritual leaders who can be consulted, additional information is provided below and will be progressively updated over time.
The organisations are listed in alphabetical order:
|Anglican Church Diocese of Sydney|
Gateway to search for one of the registered churches database
|Australian Federation of Islamic Council|
Telephone: 02 9931 96733
Telephone: 1300 765 964
Telephone: 02 9868 9201
Telephone: 02 9966 9638
|Churches of Christ in NSW and the ACT|
Telephone: 02 8719 2600
Congregational Federation of Australian and New Zealand (no website)
|Maronite Diocese of Saint Maroon||Email: firstname.lastname@example.org|
|NSW Ecumenical Council|
Telephone: 02 8259 0819
Telephone: 02 9360 1600
Sabian Mandaean Association of Australia (no website)
Telephone: 02 9602 3114
The draft Cemeteries and Crematoria Amendment Regulation 2017 was on public exhibition together with the Better Regulation Statement for a period of 28 days between 24 November 2017 and 22 December 2017.
Formal submissions were received from a wide range of stakeholders from industry and community peak bodies (including funeral directors, cemetery and crematoria associations, local government, the Aboriginal community, members of family history associations and the wider public).
The most frequent matters raised in comments were:
- reinforcing the importance of respect for cultural and religious affiliation and requiring appropriate record keeping of the deceased’ faith in cemetery registers
- consultation with appropriate religious and cultural authorities by cemetery operators in relation to interments and consecrated grounds in a cemetery
- increased time periods for notification
- protection of heritage items and memorials
- appropriate digital records to be available
- ensuring that the public are aware that renewable interment rights are purely optional and not mandatory
- the importance of public education, explanation of interment rights and notification processes, and appropriate guidelines being available.
The comments received have been used to further refine the Cemeteries and Crematoria Regulation 2014 which commenced with ‘Part 4 interment rights’ of the Cemeteries and Crematoria Act 2013 on 25 June 2018.
Disclaimer: the information presented on this webpage has been provided by the organisations listed and is to assist with enquiries on religious and cultural practices for interment. The State of New South Wales (including the Department of Industry) and the publisher take no responsibility and will accept no liability, for the accuracy, reliability or correctness of any information included on this webpage.