{"id":"nsw:act-2024-044","name":"Catholic Cemeteries and Crematoria Trust Act 2024","slug":"catholic-cemeteries-and-crematoria-trust-act-2024","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"44 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28871,"registerId":"nsw-act-2024-044-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Catholic Cemeteries and Crematoria Trust Act 2024](/view/html/inforce/current/act-2024-044).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on 30 June 2024.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> additional CCC land means land acquired in accordance with section 9.\n> \n> CCC means Catholic Cemeteries and Crematoria Limited, ACN 638 153 689.\n> \n> CCC land means the following land, other than land that has been divested, gifted or otherwise transferred from the Crown estate—\n> \n> > (a) existing CMCT land,\n> \n> > (b) additional CCC land,\n> \n> > (c) land in relation to which the functions of a Crown land manager have been delegated to the Trustee of the CCC Trust under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> \n> CCC Trust means the equitable trust referred to in the decision in Catholic Metropolitan Cemeteries Trust v Attorney General of New South Wales \\[2024\\] NSWCA 30.\n> \n> cemetery has the same meaning as in the [Cemeteries and Crematoria Act 2013](/view/html/inforce/current/act-2013-105).\n> \n> CMCT means the Catholic Metropolitan Cemeteries Trust.\n> \n> existing CMCT land means land described in Schedule 1.\n> \n> Note—\n> \n> The land described in Schedule 1 is land that was managed or operated by CMCT immediately before 30 June 2024.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) also contains definitions and other provisions that affect the interpretation and application of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"CCC, CCC Trust and CCC lands","content":"# Part 2 CCC, CCC Trust and CCC lands\n\nPart 2 CCC, CCC Trust and CCC lands","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Ownership of existing CMCT land","content":"#### 4 Ownership of existing CMCT land\n\n4 Ownership of existing CMCT land\n\n> > (1) The existing CMCT land is vested in the Crown free of any other interest, including equitable interests, whether the interests were created by statute law, the common law or otherwise.\n> \n> > (2) No duty is payable in relation to the vesting of land in the Crown under subsection (1).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Ownership of existing equitable trust property","content":"#### 5 Ownership of existing equitable trust property\n\n5 Ownership of existing equitable trust property\n\n> > (1) All assets, rights and liabilities of CMCT immediately before 30 June 2024, other than the existing CMCT land, are transferred to CCC as Trustee of the CCC Trust.\n> \n> > (2) No duty is payable in relation to the transfer of property under subsection (1).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Modification of charitable purpose of CCC Trust","content":"#### 6 Modification of charitable purpose of CCC Trust\n\n6 Modification of charitable purpose of CCC Trust\n\n> > (1) The charitable purpose of the CCC Trust is modified as follows—\n> > \n> > > (a) the burial or cremation, or other interment or disposal, by the Roman Catholic denomination, of the remains of the dead of the Catholic faith, another faith or no faith on cemeteries situated on CCC land, including the following—\n> > > \n> > > > (i) the control, operation and management of cemeteries, including the general and perpetual care and maintenance of cemeteries,\n> > > \n> > > > (ii) the consecration and blessing of land in connection with the blessing of the dead,\n> > > \n> > > > (iii) the erection and maintenance of chapels and other sacred spaces,\n> > > \n> > > > (iv) the provision of funerary services,\n> > > \n> > > > (v) the acquisition of new land for, or establishment of, new cemeteries or improvements to cemeteries, including the erection of structures on land for use by 1 or more faith groups or persons of no faith,\n> > > \n> > > > (vi) the conduct of—\n> > > > \n> > > > > (A) Catholic religious masses, or\n> > > > \n> > > > > (B) ceremonies for other faiths or persons of no faith,\n> > > \n> > > > (vii) the administration of sacraments and funeral rites to persons approaching death or grieving the dead,\n> > > \n> > > > (viii) the carrying out of corporal works of mercy, or rites recognised by other faiths, in connection with the dead,\n> > \n> > > (b) other matters that are—\n> > > \n> > > > (i) incidental or ancillary to the purpose for which the land is reserved under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), and\n> > > \n> > > > (ii) complementary to the public use of Crown land.\n> \n> > (2) Subject to subsections (3)–(5), assets, rights and liabilities derived from the care, control, management and administration of, and dealings with, CCC land and other property of the CCC Trust are vested in the CCC Trust.\n> \n> > (3) Proceeds arising from the divestment of Crown land under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) that, immediately before its divestment, was CCC land are not vested in the CCC Trust.\n> \n> > (4) If the CCC Trust is no longer associated with the management of CCC land, proceeds arising from the care, control, management and administration of the land do not form part of the CCC Trust.\n> \n> > (5) Despite subsection (2), for CCC land that is jointly managed under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), arrangements for the distribution of assets, rights and liabilities derived from the care, control, management and administration of, and dealings with, the land will be—\n> > \n> > > (a) as agreed in writing between the relevant joint Crown land managers, or\n> > \n> > > (b) in the absence of an agreement—as directed by the Minister.\n> \n> > (6) To avoid doubt, words used in the charitable purpose of the trust, as modified by subsection (1), that are also used in this Act have the same meaning as in this Act.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Trustee of CCC Trust","content":"#### 7 Trustee of CCC Trust\n\n7 Trustee of CCC Trust\n\n> The Trustee of the CCC Trust is—\n> \n> > (a) the CCC, or\n> \n> > (b) if the CCC ceases to be the Trustee of the CCC Trust—another person appointed under the [Charitable Trusts Act 1993](/view/html/inforce/current/act-1993-010), or another Act or law governing the CCC Trust.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Operation and enforcement of CCC Trust","content":"#### 8 Operation and enforcement of CCC Trust\n\n8 Operation and enforcement of CCC Trust\n\n> To avoid doubt, the operation and enforcement of the CCC Trust is subject to the [Charitable Trusts Act 1993](/view/html/inforce/current/act-1993-010).","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Acquisition of additional CCC land","content":"#### 9 Acquisition of additional CCC land\n\n9 Acquisition of additional CCC land\n\n> > (1) The Trustee of the CCC Trust may use trust property to acquire new land only if—\n> > \n> > > (a) the land is acquired for a trust purpose, and\n> > \n> > > (b) the instrument providing for the acquisition of the land provides for—\n> > > \n> > > > (i) the land to be transferred to the Crown without compensation, and\n> > > \n> > > > (ii) the land to become CCC land immediately on acquisition, and\n> > \n> > > (c) the Minister consents to paragraph (b)(i) and (ii).\n> \n> > (2) The land is taken to be transferred to the Crown in accordance with the instrument that provides for the acquisition of the land.\n> \n> > (3) When the land is transferred under subsection (2), any equitable interest in the land is extinguished.\n> \n> > (4) The Trustee of the CCC Trust may exercise the Trustee’s functions in relation to land acquired under subsection (1) in accordance with the CCC Trust, whether or not the land has become Crown land.\n> \n> > (5) As soon as practicable after the land becomes Crown land, the land must be reserved for a public purpose under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Special provision for InvoCare site","content":"#### 10 Special provision for InvoCare site\n\n10 Special provision for InvoCare site\n\n> > (1) This section applies to the InvoCare site.\n> \n> > (2) The setting apart of the InvoCare site, by a proclamation made under the repealed [Rookwood Necropolis Act 1901](/view/html/repealed/current/act-1902-020), section 8A, for use in connection with a crematorium is revoked.\n> \n> > (3) In this section—\n> > \n> > InvoCare site means Lot 6, DP 1140277.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"No compensation payable","content":"#### 11 No compensation payable\n\n11 No compensation payable\n\n> > (1) No compensation is payable arising from the enactment, or operation, of this Act.\n> \n> > (2) Without limiting subsection (1), no compensation is payable in relation to any of the following arising from the enactment, or operation, of this Act—\n> > \n> > > (a) the vesting of land in the Crown,\n> > \n> > > (b) the extinguishment of interests, including equitable interests,\n> > \n> > > (c) the vesting of property in a Crown land manager.\n> \n> > (3) In addition, no compensation is payable for a disbursement or other action by the Trustee of the CCC Trust in relation to trust property if the disbursement or other action is permitted under the CCC Trust in accordance with this Act.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Regulations","content":"#### 12 Regulations\n\n12 Regulations\n\n> The Governor may make regulations about the following matters—\n> \n> > (a) a matter that is required or permitted to be prescribed by this Act,\n> \n> > (b) a matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":14},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Existing CMCT land","content":"# Schedule 1 Existing CMCT land\n\nSchedule 1 Existing CMCT land\n\nsection 3, definition of “existing CMCT land”\n\nKemps Creek\n\n> 100/1210132\n\n> 10/713582\n\nLiverpool\n\n> 16/40453\n\n> 11/914825\n\n> 7030/1059048\n\n> 14/914823\n\n> 7/914824\n\n> 444/822281\n\n> 7044/1045353\n\n> 443/822281\n\n> 17/40453\n\n> 11/914822\n\n> 425/48284\n\n> 7048/1059854\n\n> 8/914824\n\n> 6/914824\n\n> 5/914824\n\n> 4/914824\n\n> 12/914825\n\n> 7047/1059854\n\n> 445/822281\n\nMacarthur Memorial Park, Varroville\n\n> B/370979\n\n> 22/564065\n\n> 1/ 218016 (Subfolio 1/218016A & Subfolio 1/218016B)\n\nNepean Gardens Memorial Park, Wallacia\n\n> 3/18701 (Auto Consol 5645-56)\n\n> 4/18701 (Auto Consol 5645-56)\n\n> 1/1254545\n\n> 2/1254545\n\nRookwood\n\n![](/image/((Type%3D%22act%22)%20AND%20(No%3D044)%20AND%20(Year%3D2024)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)\n\n![](/image/((Type%3D%22act%22)%20AND%20(No%3D044)%20AND%20(Year%3D2024)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)\n\n![](/image/((Type%3D%22act%22)%20AND%20(No%3D044)%20AND%20(Year%3D2024)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif)\n\n![](/image/((Type%3D%22act%22)%20AND%20(No%3D044)%20AND%20(Year%3D2024)%20AND%20(%22Historical%20Document%22%3D0))/g4.gif)\n\n![](/image/((Type%3D%22act%22)%20AND%20(No%3D044)%20AND%20(Year%3D2024)%20AND%20(%22Historical%20Document%22%3D0))/g5.gif)\n\n![](/image/((Type%3D%22act%22)%20AND%20(No%3D044)%20AND%20(Year%3D2024)%20AND%20(%22Historical%20Document%22%3D0))/g6.gif)","sortOrder":15},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions","sortOrder":16},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.","sortOrder":20}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose: resolving the specific legal and structural issues arising from the Catholic Metropolitan Cemeteries Trust litigation. It does not expand significantly beyond restructuring the ownership and management of Catholic cemeteries in NSW. The provisions for future land acquisition (section 9) and the expanded charitable purposes (section 6) are directly connected to the core function of cemetery management rather than representing scope creep into unrelated areas."},"complexity_factors":["Moderate cross-referencing to 5 other Acts (Cemeteries and Crematoria Act 2013, Crown Land Management Act 2016, Charitable Trusts Act 1993, Interpretation Act 1987, and the repealed Rookwood Necropolis Act 1901)","Relies on external court decision ([2024] NSWCA 30) for definition of 'CCC Trust' without reproducing its terms in the legislation","Nested conditional logic in section 9 for land acquisition (3 cumulative conditions in subsection (1), plus deeming provisions in subsections (2)-(5))","Multiple exceptions and carve-outs in section 6 (subsections (3)-(5)) regarding what assets actually vest in the trust","8 defined terms in the interpretation section, some referring to complex external concepts (equitable trusts, Crown land management)","Transitional validation provisions in Schedule 2 with retrospective effect safeguards","Technical land law concepts (vesting, equitable interests, divestment, Crown land reservation) used throughout"],"plain_english_summary":"**What this law does**\n\nThis Act restructures how Catholic cemeteries in New South Wales are owned and managed. It follows a court case (*Catholic Metropolitan Cemeteries Trust v Attorney General of New South Wales* [2024]) that created uncertainty about who legally owned and controlled these cemeteries.\n\n**Key changes**\n\n* **Land ownership**: Land previously managed by the Catholic Metropolitan Cemeteries Trust (CMCT) is now vested in (officially owned by) the Crown (the State government), free of any private claims or interests. This includes major cemeteries at Rookwood, Liverpool, Kemps Creek, and others listed in Schedule 1.\n\n* **New corporate trustee**: A new company called **Catholic Cemeteries and Crematoria Limited (CCC)** becomes the trustee of a charitable trust (the **CCC Trust**) that manages these cemeteries. All CMCT's assets, money, and responsibilities (except the land itself) transfer to this new entity.\n\n* **What the trust can do**: The law sets out an expanded charitable purpose for the trust. It can:\n  * Run cemeteries and crematoria for Catholics, people of other faiths, and those with no religion\n  * Maintain chapels and sacred spaces\n  * Provide funeral services\n  * Buy new land for cemeteries (but any new land must immediately transfer to Crown ownership)\n  * Hold religious services and administer funeral rites\n\n* **No compensation**: The Act explicitly states that nobody can claim compensation for these transfers of property or extinguishment of interests.\n\n* **Special fix for Rookwood**: The Act revokes an old proclamation that had set aside part of the Rookwood site for a crematorium operator (InvoCare), clearing up a historical land use issue.\n\n**Who it affects**\n\n* People who have purchased burial plots or prepaid funeral services at these cemeteries\n* The Catholic Church and its cemetery management bodies\n* Other faith groups and the general public who use these facilities\n* The NSW Government, which now holds formal ownership of the land\n\n**Why it matters**\n\nThis law resolves legal uncertainty following a court decision that raised questions about whether the Catholic Metropolitan Cemeteries Trust properly held land and assets for public cemetery purposes. It ensures continuity of cemetery services while clarifying that the State ultimately owns the land, with the Catholic Church managing it through a regulated charitable trust structure."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no evidence of scope change from the original intent. The Act appears focused on its stated purpose — establishing or restructuring the Catholic Cemeteries and Crematoria Trust in NSW. The two point-in-time versions (24 June 2024 and 1 July 2024) reflect a commencement transition rather than any substantive amendment to scope. A definitive assessment is not possible without the full Act text."},"complexity_factors":["Only metadata was provided — the substantive legal provisions were absent from the supplied text, preventing full complexity assessment","Governance legislation for statutory bodies (bodies set up by law to do a specific job) typically involves moderate complexity around board structure, powers, and accountability mechanisms","Intersection of religious institution administration with public/government oversight can raise nuanced legal questions","Limited to a single jurisdiction (NSW) which reduces cross-jurisdictional complexity","Specialist subject matter (cemetery and crematorium management) requires some domain knowledge but is relatively narrow in scope"],"plain_english_summary":"This NSW Act establishes or restructures the Catholic Cemeteries and Crematoria Trust, the body responsible for managing Catholic-affiliated cemeteries and crematoria in NSW. It affects Catholic families using those facilities, employees and the Trust’s governance, and others interacting with these sites.\n\nOnly metadata and status were supplied, so the Act’s substantive legal provisions aren’t included here; a full analysis requires the Act’s text."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act changes the legal scope of cemetery governance and property: it vests CMCT land in the Crown (s4), transfers other CMCT assets, rights and liabilities to Catholic Cemeteries and Crematoria Ltd as Trustee of the CCC Trust (s5), and expressly modifies the trust’s charitable purpose to authorise burial, cremation and a range of ancillary activities for people of any or no faith on CCC land (s6(1)). It also extinguishes prior equitable interests and bars compensation for these changes (s4(1); s11), and imposes new procedural conditions and Ministerial consent requirements for future land acquisitions (s9)."},"complexity_factors":["Vesting and extinguishment of property rights: existing CMCT land is vested in the Crown and equitable interests are extinguished, affecting proprietary interests (s4; definition of existing CMCT land).","Transfer of non‑land assets and liabilities to a new trustee (CCC) with legal consequences for ongoing obligations and contracts (s5).","Modification of the charitable trust purpose broadens authorised activities (burial, cremation, chapels, rites, acquisitions and ancillary matters), changing how trust property may be used (s6(1)).","Conditional acquisition regime for additional land: trustee may acquire land only if instrument transfers it to the Crown and Minister consents, creating procedural constraints and Ministerial gatekeeping (s9(1)–(3)).","Removal of compensation rights for affected parties and for trustee actions permitted under the Act, shifting financial risk onto private claimants (s11).","Ministerial discretion on distribution for jointly managed CCC land where managers do not agree, concentrating decision‑making (s6(5)).","Interaction with existing statutes (Crown Land Management Act 2016; Charitable Trusts Act 1993) requires cross‑statutory interpretation and coordination (s6, s7, s8, s9).","Transitional and validation provisions that retrospectively validate certain past trustee and land‑manager actions and limit the timing and scope of regulations (Schedule 2; s12)."],"plain_english_summary":"This Act moves cemetery land and related trust assets formerly managed by the Catholic Metropolitan Cemeteries Trust into a new trust structure run by Catholic Cemeteries and Crematoria Ltd. It redefines the trust’s charitable purpose to permit burial, cremation and associated funerary services for people of any or no faith on designated CCC land.\n\nMechanically, the Act vests specified cemetery land in the Crown, transfers non‑land assets to the new trustee, extinguishes prior equitable interests and removes entitlement to compensation, while imposing conditions on future land acquisitions."}},"importantCases":[],"_links":{"self":"/api/acts/catholic-cemeteries-and-crematoria-trust-act-2024","history":"/api/acts/catholic-cemeteries-and-crematoria-trust-act-2024/history","analysis":"/api/acts/catholic-cemeteries-and-crematoria-trust-act-2024/analysis","conflicts":"/api/acts/catholic-cemeteries-and-crematoria-trust-act-2024/conflicts","importantCases":"/api/acts/catholic-cemeteries-and-crematoria-trust-act-2024/important-cases","documents":"/api/acts/catholic-cemeteries-and-crematoria-trust-act-2024/documents"}}