New South Wales act

Cemeteries and Crematoria Act 2013

In ForceNSW

Jurisdiction

New South Wales

Act Number

105 of 2013

Collection

act

Plain English Summary

7/10 complexity

This Act sets the legal framework for cemeteries and crematoria: it defines who counts as a cemetery or operator, requires trustees and operators to maintain sites, keep burial records, respect cultural practices, and be transparent about costs and environmental practices. It also fixes how Crown cemetery land and existing trusts and leases are handled, who pays for works and relocations, and how disputes and appeals are decided. It affects cemetery/crematorium operators, trustees, councils, denominational trusts and people who pay for interment or cremation because it prescribes duties, cost‑sharing and administrative controls.

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What it does

The Cemeteries and Crematoria Act 2013 establishes a comprehensive regulatory framework for the interment industry in New South Wales. At its core, s 3 articulates nine objects, ranging from recognising the right of all individuals to dignified interment (s 3(a)) and respecting religious and cultural practices without disadvantage (s 3(b)), through to ensuring equitable access to land (s 3(c)), coherent governance (s 3(d)), operator accountability (s 3(e)), alignment with Crown land management principles (s 3(f)), environmental sustainability including natural and private burials (s 3(g)), transparent cost structures (s 3(h)) and affordability for those of limited means (s 3(i)). These objects must guide the Cemeteries Agency in exercising its functions (s 12(4)).

The Act constitutes Cemeteries and Crematoria NSW as a body corporate and NSW Government agency (ss 6-7), headed by a Chief Executive Officer appointed by the Governor on Ministerial recommendation (s 7A, inserted 2025). The CEO exercises day-to-day management and all decisions (s 8), subject to Ministerial direction except in relation to specific advice, licensing, investigative or enforcement decisions (s 9(1)). Non-delegable functions include land acquisition under s 14 and short-term orders under s 36 (s 11(3)).

Principal functions of the Agency (s 12) include assessing interment needs and developing planning strategies, advising on sustainable space use, promoting environmental practices, developing codes of practice, advising on interment industry schemes, regulating services under those schemes, managing complaints, reviewing industry policies and conducting research. It must prepare and publish a strategic plan within 12 months of constitution (s 12(2)-(3)). Ancillary powers include land acquisition in the public interest with Ministerial consent (s 14, limited to equitable access needs and with financial impact assessment for Crown operators), arrangements with other bodies (s 15) and financial management via the Cemeteries Agency Fund (s 22), funded by appropriations, levies (s 24) and penalties (s 25).

Current sections

Direct links to the current provisions in Cemeteries and Crematoria Act 2013.

206

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Cemeteries and Crematoria Act 2013.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Objects of Act

3 Objects of Act

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.

s 3: Am 2017 No 17, Sch 2.2 [1]; 2025 No 32, Sch 1[1].

Interpretation

4 Interpretation

(1) Expressions used in this Act that are defined in the Dictionary have the meanings set out in the Dictionary.

(2) 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.

(3) 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.

Note.

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.

(4) Notes included in this Act do not form part of this Act.

s 4: Am 2017 No 17, Sch 2.2 [2].

Relationship of Act and Crown Land Management Act 2016 and other legislation

5 Relationship of Act and Crown Land Management Act 2016 and other legislation

(1) 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.

(2) 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.

(3) 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.

(4) 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.

s 5: Am 2017 No 17, Sch 2.2 [3] [4]; 2018 No 25, Sch 3.4.

Part 2

Administration

Part 2 Administration

Division 1

Constitution and management of Cemeteries Agency

Division 1 Constitution and management of Cemeteries Agency

Constitution of Cemeteries and Crematoria NSW

6 Constitution of Cemeteries and Crematoria NSW

There is constituted by this Act a body corporate with the corporate name of Cemeteries and Crematoria NSW.

Note.

Section 50 of the Interpretation Act 1987 provides for the powers of a statutory corporation.

Status of Cemeteries Agency

7 Status of Cemeteries Agency

(1) The Cemeteries Agency is a NSW Government agency.

(2) (Repealed)

s 7: Am 2014 No 33, Sch 1.4 [1].

Chief Executive Officer

7A Chief Executive Officer

(1) There must be a Chief Executive Officer of the Cemeteries Agency.

(2) The Chief Executive Officer is appointed by the Governor on the recommendation of the Minister.

(3) Schedule 1 contains provisions about the Chief Executive Officer.

s 7A: Ins 2025 No 32, Sch 1[2].

Control and management of Cemeteries Agency

8 Control and management of Cemeteries Agency

(1) All decisions relating to the functions of the Cemeteries Agency are to be made by or under the authority of the Chief Executive Officer.

(2) The Chief Executive Officer is responsible for the day-to-day management of the affairs of the Cemeteries Agency.

Note.

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.

(3) 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.

s 8: Am 2025 No 32, Sch 1[3]–[6].

Ministerial control of Cemeteries Agency

9 Ministerial control of Cemeteries Agency

(1) 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.

(2) 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.

(3) The Cemeteries Agency is to publish a copy of the direction in the Gazette.

s 9: Am 2025 No 32, Sch 1[7].

Staff of Cemeteries Agency

10 Staff of Cemeteries Agency

(1) Persons may be employed in the Public Service to enable the Cemeteries Agency to exercise its functions.

(2) The Cemeteries Agency may engage such consultants and independent contractors as it requires to exercise its functions.

(3) 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.

Note.

See section 95A of the Police Act 1990.

Delegation of functions

11 Delegation of functions

(1) The Cemeteries Agency may delegate to an authorised person any of its functions, other than this power of delegation.

(2) 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.

(3) 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.

(4) In this section—

authorised person means—

(a) a member of staff of a Government agency, or

(b) a person, or person of a class, prescribed by the regulations.

s 11: Am 2025 No 32, Sch 1[8].

Division 2

Functions of Cemeteries Agency

Division 2 Functions of Cemeteries Agency

pt.2-div.2-sdiv.1

Principal functions

pt.2-div.2-sdiv.1 Principal functions

Subdivision 1 Principal functions

Functions—generally

12 Functions—generally

(1) 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.

(2) 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.

(3) The Cemeteries Agency must publish the strategic plan in the Gazette.

(4) In exercising its functions, the Cemeteries Agency is to have regard to the objects of this Act.

s 12: Am 2025 No 32, Sch 1[9].

Other functions

13 Other functions

(1) The Cemeteries Agency has such other functions as are conferred or imposed on it by or under this or any other Act.

(2) The Cemeteries Agency may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions.

pt.2-div.2-sdiv.2

Ancillary functions

pt.2-div.2-sdiv.2 Ancillary functions

Subdivision 2 Ancillary functions

Reserve power to acquire land in the public interest

14 Reserve power to acquire land in the public interest

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

s 14: Am 2017 No 17, Sch 2.2 [5]–[8].

Arrangements with other persons and bodies

15 Arrangements with other persons and bodies

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.

Division 3

16–21 (Repealed)

pt 2, div 3: Rep 2025 No 32, Sch 1[10].

pt 2, div 3, sdiv 1: Rep 2025 No 32, Sch 1[10].

s 16: Rep 2025 No 32, Sch 1[10].

pt 2, div 3, sdiv 2: Rep 2025 No 32, Sch 1[10].

s 17: Rep 2025 No 32, Sch 1[10].

s 18: Rep 2025 No 32, Sch 1[10].

s 19: Rep 2025 No 32, Sch 1[10].

s 20: Rep 2025 No 32, Sch 1[10].

s 21: Rep 2025 No 32, Sch 1[10].

Division 4

Finance

Division 4 Finance

The Cemeteries Agency Fund

22 The Cemeteries Agency Fund

(1) There is to be established in the Special Deposits Account a Cemeteries and Crematoria NSW Fund (the Cemeteries Agency Fund) into which is to be paid the following—

(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.

(2) 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.

(3) All expenditure incurred by the Cemeteries Agency is to be paid from the Cemeteries Agency Fund.

(4) The Cemeteries Agency Fund is administered by the Chief Executive Officer.

s 22: Am 2017 No 17, Sch 2.2 [9]; 2025 No 32, Sch 1[11].

Investment of money in Cemeteries Agency Fund

23 Investment of money in Cemeteries Agency Fund

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.

s 23: Subst 2018 No 70, Sch 3.9.

Interment service levies

24 Interment service levies

(1) 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).

(2) 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.

(3) 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.

(4) A special levy under this section must not exceed an amount in total prescribed by the regulations.

(5) 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.

(6) 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.

(7) 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.

(8) In this section—

CPI means the index known as the Weighted Average of Eight Capital Cities: All Groups Consumer Price Index that is published quarterly by the Australian Statistician.

Payment of penalties and fines into the Cemeteries Agency Fund

25 Payment of penalties and fines into the Cemeteries Agency Fund

(1) 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.

(2) 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.

(3) The maximum amount for a financial year is $250,000 or, if the regulations make provision for the determination of the maximum amount for the financial year, the maximum amount determined in accordance with those regulations.

(4) 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.

(5) Any such regulation may be made only with the approval of the Treasurer.

(6) 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.

(7) In this section—

financial year means the period of 12 months commencing on 1 July in any year.

fine does not include any costs (including expenses or disbursements) payable by a person under an order made by a court in proceedings for an offence under this Act or the regulations.

Part 3

Regulation of interment industry

Part 3 Regulation of interment industry

Definitions

26 Definitions

In this Act—

interment industry means the following—

(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.

Cemeteries and Crematoria Register

27 Cemeteries and Crematoria Register

(1) The Cemeteries Agency must keep a register of cemeteries and crematoria (the Cemeteries and Crematoria Register).

(2) The Cemeteries and Crematoria Register may be kept in the way the Cemeteries Agency decides.

(3) 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.

(4) 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.

(5) 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.

Note.

A reference in this Part to a cemetery operator includes a reference to a crematorium operator—see section 4 (2).

(6) The Cemeteries and Crematoria Register must be open for public inspection, without charge, during ordinary business hours.

(7) 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.

s 27: Am 2025 No 32, Sch 1[12].

Codes of practice

28 Codes of practice

(1) 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.

(2) 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.

(3) 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.

(4) 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).

(5) 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.

s 28: Am 2016 No 55, Sch 3.3.

Nature of codes of practice

29 Nature of codes of practice

(1) Except as provided by this section, codes of practice are in the nature of guidelines and compliance is not mandatory.

(2) The Cemeteries Agency may develop and approve codes of practice (a mandatory code of practice) for which compliance is intended to be mandatory.

(3) A mandatory code of practice has no effect unless it is incorporated in an interment industry scheme under section 31 (2).

(4) 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.

s 29: Am 2025 No 32, Sch 1[13].

Approval of codes of practice

30 Approval of codes of practice

(1) 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.

(2) 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.

Editorial note.

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.

(3) 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).

(4) 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.

Regulations relating to establishment of interment industry schemes

31 Regulations relating to establishment of interment industry schemes

(1) The regulations may establish schemes for or with respect to the interment industry (interment industry schemes).

(2) 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.

(3) 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.

(4) 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.

Consultation to be undertaken on regulations establishing interment industry schemes

32 Consultation to be undertaken on regulations establishing interment industry schemes

(1) 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.

(2) 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).

(3) 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.

Issue of improvement notice by Cemeteries Agency

33 Issue of improvement notice by Cemeteries Agency

(1) The Cemeteries Agency may give the operator of a cemetery a notice under this subsection (a preliminary notice) if—

(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.

(2) 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.

(3) 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 improvement notice).

(4) 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.

(5) A cemetery operator who is given an improvement notice may appeal to the Tribunal for a review of the decision to give the notice.

Note.

An appeal under this subsection is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.

s 33: Am 2013 No 95, Sch 2.19 [1].

Failure to end contravention—civil obligation

34 Failure to end contravention—civil obligation

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.

Cemeteries Agency may take action to remedy consequences of contravention

35 Cemeteries Agency may take action to remedy consequences of contravention

(1) 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.

(2) The reasonable cost of any action taken under this section is a debt due to the Cemeteries Agency payable by the operator.

Division 5

Short term orders

Division 5 Short term orders

Making of short term orders

36 Making of short term orders

(1) 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 short term order).

(2) 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.

(3) 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.

(4) A short term order may be made without the concurrence of the Ministers referred to in section 31 (4).

Duration of short term orders

37 Duration of short term orders

(1) A short term order takes effect on the day on which the order is given to the person or persons concerned.

(2) The Cemeteries Agency may review a short term order on its own initiative or on the application of a person to whom it relates.

(3) On a review, the Cemeteries Agency may confirm, vary or revoke the order.

(4) 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.

Compliance with short terms orders—civil obligation

38 Compliance with short terms orders—civil obligation

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.

Division 6

Enforceable undertakings

Division 6 Enforceable undertakings

Undertakings relating to contraventions of Act, regulations and interment industry scheme

39 Undertakings relating to contraventions of Act, regulations and interment industry scheme

(1) 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.

(2) 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.

(3) The person may withdraw or vary the undertaking at any time, but only with the consent of the Cemeteries Agency.

(4) The Cemeteries Agency may, by written notice given to the person, cancel the undertaking.

(5) The undertaking may be published in the Gazette.

Enforcement of undertakings

40 Enforcement of undertakings

(1) 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.

(2) 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.

Division 7

Management of cemetery operators

Division 7 Management of cemetery operators

Performance reporting by cemetery and crematorium operators—civil obligations

41 Performance reporting by cemetery and crematorium operators—civil obligations

(1) 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.

(2) 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.

(3) A cemetery operator must comply with any requirement imposed on the operator by a notice under this section.

Maximum civil penalty: $9,900.

Records—civil obligation

42 Records—civil obligation

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.

Reports by cemetery and crematorium operators—civil obligations

43 Reports by cemetery and crematorium operators—civil obligations

(1) 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.

(2) 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.

Division 8

Exemptions for additional interment sites

Division 8 Exemptions for additional interment sites

Note—

This division does not affect the operation of the Environmental Planning and Assessment Act 1979 and the Heritage Act 1977.

pt 3, div 8: Ins 2025 No 32, Sch 1[14].

43A

Definitions

43A Definitions

In this division—

renewal exemption means an exemption granted by the Minister under section 43C.

renewal works means works carried out by or on behalf of a cemetery operator in a cemetery for the purpose of increasing the number of interment sites in a part of the cemetery with existing interments.

renewal works area means the location and boundaries of the area in which renewal works are carried out.

s 43A: Ins 2025 No 32, Sch 1[14].

43B

Renewal exemption

43B Renewal exemption

(1) A renewal exemption may exempt a cemetery operator from specified provisions of Part 4 in relation to interment rights within a renewal works area.

(2) However, a renewal exemption must not exempt a cemetery operator from section 46(1)(d) or (2).

(3) 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.

(4) A renewal exemption may provide for the exemption to continue after the completion of the renewal works.

(5) 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.

s 43B: Ins 2025 No 32, Sch 1[14].

43C

Grant or refusal of renewal exemptions

43C Grant or refusal of renewal exemptions

(1) A cemetery operator may apply to the Minister for a renewal exemption.

(2) The application must comply with the requirements prescribed by the regulations, if any.

(3) 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.

(4) The Minister may require the cemetery operator to provide further information about the application before making a decision.

(5) 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.

(6) 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.

(7) The Minister may grant the exemption, subject to the regulations—

(a) for a specified term, and

(b) with or without conditions.

s 43C: Ins 2025 No 32, Sch 1[14].

43D

Renewal exemptions—civil obligation

43D Renewal exemptions—civil obligation

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.

s 43D: Ins 2025 No 32, Sch 1[14].

43E

Regulations

43E Regulations

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.

s 43E: Ins 2025 No 32, Sch 1[14].

Part 4

Interment rights

Part 4 Interment rights

pt 4, hdg: Am 2014 No 33, Sch 1.4 [2].

Definitions

44 Definitions

In this Part—

appropriate fee—

(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.

cemetery operator’s register means the register kept by a cemetery operator under section 63.

holder of an interment right means the person recorded in the cemetery operator’s register in relation to that cemetery as the holder of the interment right.

interment of human remains means—

(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).

interment right means an interment right granted under this Part.

interment site means a place in a cemetery for the interment of human remains.

statutory renewal period—see section 48.

s 44: Am 2015 No 58, Sch 1.2 [1].

pt.4-div.2-sdiv.1

Preliminary

pt.4-div.2-sdiv.1 Preliminary

Subdivision 1 Preliminary

Application of Division

45 Application of Division

(1) 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.

(2) 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.

(3) 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.

(4) This Division does not affect the operation of any regulations under the Public Health Act 2010 relating to cemeteries.

pt.4-div.2-sdiv.2

Interment rights generally

pt.4-div.2-sdiv.2 Interment rights generally

Subdivision 2 Interment rights generally

Nature of interment right

46 Nature of interment right

(1) 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.

(1A) A cemetery operator may require an application under subsection (1)(c) to be accompanied by a fee determined by the cemetery operator.

(2) A cemetery operator must comply with the requirements of subsection (1) (d) and (e).

Maximum civil penalty: $27,500.

(3) 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.

s 46: Am 2025 No 32, Sch 1[15]–[18].

Types of interment right

47 Types of interment right

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).

Duration of interment right

48 Duration of 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).

Interment rights may be bequeathed

49 Interment rights may be bequeathed

(1) The holder of an interment right may (subject to section 51) bequeath the right as if it were the holder’s personal estate.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

Rules of intestacy to apply to interment rights not bequeathed

50 Rules of intestacy to apply to interment rights not bequeathed

(1) 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.

(2) 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.

(3) 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.

(4) 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.

s 50: Am 2025 No 32, Sch 1[19].

Interment right to pass to surviving joint holder

51 Interment right to pass to surviving joint holder

(1) 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.

(2) 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).

(3) 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.

s 51: Am 2025 No 32, Sch 1[20].

Revocation of perpetual interment rights

52 Revocation of perpetual interment rights

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5)–(8) (Repealed)

s 52: Am 2018 No 25, Sch 2.3 [1] [2]; 2025 No 32, Sch 1[21].

Compensation

53 Compensation

(1) 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.

(2) 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.

(3) 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.

(4) (Repealed)

(5) 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.

(6) 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.

Note.

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.

(7) 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.

(8) 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.

(8A) 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.

(9) In this section, former holder of a revoked interment right means the person who held, or jointly held, that right immediately before it was revoked.

s 53: Am 2015 No 58, Sch 1.2 [2]–[4]; 2025 No 32, Sch 1[22]–[24].

53A

Joint holders must act jointly

53A Joint holders must act jointly

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.

s 53A: Ins 2025 No 32, Sch 1[25].

pt.4-div.2-sdiv.3

Renewable interment rights

pt.4-div.2-sdiv.3 Renewable interment rights

Subdivision 3 Renewable interment rights

Grant and renewal of renewable interment rights

54 Grant and renewal of renewable interment rights

(1) Grant of right for initial term 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.

(2) 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.

(3) Renewal of right on application 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.

(3A) 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.

(4) Notice requirements concerning fees 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.

(5) 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.

(6) 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.

(7) 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.

(7A) 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.

(8) 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.

s 54: Am 2014 No 33, Sch 2.8 [1]; 2017 No 22, Sch 2.5; 2025 No 32, Sch 1[26]–[28].

Re-use of interment sites and removal of memorials in relation to expired renewable interment rights

55 Re-use of interment sites and removal of memorials in relation to expired renewable interment rights

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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).

s 55: Am 2014 No 33, Sch 1.4 [3]; 2018 No 25, Sch 2.3 [3]; 2025 No 32, Sch 1[29]–[32].

pt.4-div.2-sdiv.4

Grant and transfer of interment rights generally

pt.4-div.2-sdiv.4 Grant and transfer of interment rights generally

Subdivision 4 Grant and transfer of interment rights generally

Grant of interment right

56 Grant of interment right

(1) A cemetery operator may grant an interment right in respect of an interment site in a cemetery.

(2) An application for an interment right must be in the form approved by the Cemeteries Agency and be accompanied by the appropriate fee.

(3) An interment right may be granted to one person or to 2 or more persons as joint holders.

(4) 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.

s 56: Am 2015 No 58, Sch 1.2 [5]; 2025 No 32, Sch 1[33].

Content of interment right

57 Content of interment right

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.

Transfer of interment right to person other than a cemetery operator

58 Transfer of interment right to person other than a cemetery operator

(1) 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.

(2) 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.

(3) 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.

Transfer of interment right to cemetery operator

59 Transfer of interment right to cemetery operator

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.

Grant or transfer of interment right may be refused

60 Grant or transfer of interment right may be refused

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.

60A

Cemetery operator may determine holder of interment right on own initiative

60A Cemetery operator may determine holder of interment right on own initiative

(1) 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.

(2) 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.

s 60A: Ins 2025 No 32, Sch 1[34].

Cemetery operator may determine holder of interment right on application

61 Cemetery operator may determine holder of interment right on application

(1) 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.

(2) An application must be given in the way approved by the cemetery operator.

(3) 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.

(4) 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.

(5) 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.

(6) The cemetery operator must give an applicant reasons if the cemetery operator refuses the application.

s 61: Am 2018 No 25, Sch 2.3 [4] [5]. Subst 2025 No 32, Sch 1[34].

61A

Matters affecting consideration of applications for determination

61A Matters affecting consideration of applications for determination

(1) 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.

(2) 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.

(3) 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.

s 61A: Ins 2025 No 32, Sch 1[34].

Interment right not required for scattering of cremated remains

62 Interment right not required for scattering of cremated remains

No interment right is required for the scattering of cremated remains in a cemetery.

pt.4-div.2-sdiv.5

Miscellaneous

pt.4-div.2-sdiv.5 Miscellaneous

Subdivision 5 Miscellaneous

Register of interment rights, memorials, cremations and interments

63 Register of interment rights, memorials, cremations and interments

(1) 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.

(2) A reference in this Act to the cemetery operator’s register is a reference to the register kept under subsection (1).

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) A cemetery operator must make the cemetery operator’s register available for public inspection free of charge.

(8) 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.

(9) 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.

(10) 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.

(11) Such an application must be in the form prescribed by the regulations or approved by the Cemeteries Agency and accompanied by the appropriate fee.

(12) 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.

s 63: Am 2025 No 32, Sch 1[35] [36].

Keeping of register and documents

64 Keeping of register and documents

(1) 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.

(2) 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.

(3) 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.

Certificates for interment rights

65 Certificates for interment rights

(1) 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).

(2) 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.

(3) 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.

(4) 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.

(5) A certificate for an interment right must be in a form—

(a) prescribed by the regulations, or

(b) approved by the Cemeteries Agency.

(6) 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.

s 65: Subst 2025 No 32, Sch 1[37].

Exhumations

66 Exhumations

(1) 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.

(2) 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.

(3) In this section—

exhumation means the removal of a dead person’s remains (not being cremated remains) from a grave or vault, but does not include their removal from one vault for immediate transfer to another vault in the same cemetery or their temporary removal for the purposes of reburial in the same grave or vault or the re-interment of those remains in accordance with section 55 (4).

66A

Approval of interments if joint holders unavailable

66A Approval of interments if joint holders unavailable

(1) 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.

(2) The application must be made in the way determined by the cemetery operator.

s 66A: Ins 2025 No 32, Sch 1[38].

Order for interment

67 Order for interment

(1) 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.

(1A) A cemetery operator must issue an order for interment in writing.

(1B) 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.

(2) A cemetery operator must not unreasonably delay or withhold from making an order for interment.

(3) A cemetery operator may set down the procedure to be followed to obtain an order for interment.

(4) A cemetery operator must keep, for the period prescribed by the regulations, a record of the issue of an order for interment.

(5) Subsection (4) does not affect the operation of the State Records Act 1998 or the regulations made under that Act.

s 67: Am 2025 No 32, Sch 1[39] [40].

Hours of burial

68 Hours of burial

Interments are not to take place except at such reasonable times as the cemetery operator may from time to time determine.

68A

Exclusion from civil liability for cemetery operators

68A Exclusion from civil liability for cemetery operators

(1) 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.

(2) In this section—

civil liability includes an action, claim or demand.

protected action means the following—

(a) a determination of a holder under section 61,

(b) an approval granted under section 66A,

(c) a memorial works approval under section 70D.

s 68A: Ins 2025 No 32, Sch 1[41].

68B

Reasonable Notification Guidelines

68B Reasonable Notification Guidelines

(1) 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.

(2) The Cemeteries Agency must publish the guidelines on the website of the Cemeteries Agency.

(3) 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.

s 68B: Ins 2025 No 32, Sch 1[41].

Heritage advisory committee

69 Heritage advisory committee

(1) 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.

(2) 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.

(3) The Cemeteries Agency may, by order published in the Gazette, make guidelines for or with respect to the constitution of a heritage advisory committee.

(4) A heritage advisory committee consists of such persons as the cemetery operator considers (taking into account any guidelines made under subsection (3)) have qualifications, knowledge and skills in areas relevant to the functions of the committee.

(5) A heritage advisory committee member holds office for such period as is specified in the instrument of appointment of the committee member, but any such appointment may be terminated by the cemetery operator at any time.

(6) One of the advisory committee members, in and by the instrument by which the committee member is appointed or another instrument made by the cemetery operator, is to be appointed as chairperson of the committee.

(7) Subject to the regulations, the procedure for the calling and holding of meetings of a heritage advisory committee is to be determined by the committee.

69A

Placement and burial of animal remains

69A Placement and burial of animal remains

To avoid doubt, this Act permits the placement and burial of animal remains in an interment site to the extent to which the placement and burial is not inconsistent with another Act or law.

s 69A: Ins 2025 No 32, Sch 1[42].

Division 2A

Memorial works other than by holders

Division 2A Memorial works other than by holders

pt 4, div 2A: Ins 2025 No 32, Sch 1[43].

70A

Definitions

70A Definitions

In this division—

memorial works approval means an approval granted under section 70D.

no works notice is a notice given by a holder under section 70H.

s 70A: Ins 2025 No 32, Sch 1[43].

70B

Memorial works by cemetery operators

70B Memorial works by cemetery operators

A cemetery operator for a cemetery may disturb a memorial that is lawfully erected in the cemetery if—

(a) before the disturbance occurs, the holder of the interment right for the interment site to which the memorial relates has requested or authorised the disturbance by written notice to the cemetery operator, or

(b) the interment right for the interment site in relation to the memorial is no longer in force, or

(c) the memorial is damaged or vandalised—to repair or remediate the memorial to the state, or likely state, the memorial was in immediately before the damage or vandalism, or

(d) the disturbance is to ensure compliance with the Work Health and Safety Act 2011, or

(e) the disturbance is otherwise permitted under this Act.

Note—

See section 46(2) for a civil penalty in relation to cemetery operators disturbing memorials unless otherwise permitted under this section.

s 70B: Ins 2025 No 32, Sch 1[43].

70C

Persons may carry out works under memorial works approvals

70C Persons may carry out works under memorial works approvals

(1) The holder of a memorial works approval may, in accordance with the conditions on the approval, carry out the works specified in the approval.

(2) The holder of a memorial works approval must comply with the approval.

Maximum penalty—100 penalty units.

s 70C: Ins 2025 No 32, Sch 1[43].

70D

Applications for memorial works approvals

70D Applications for memorial works approvals

(1) A cemetery operator may, on application, grant a person a memorial works approval to carry out one or more of the following—

(a) works to repair or remediate a memorial or part of a memorial—

(i) to restore the memorial, or part of the memorial, to the memorial’s original state, or

(ii) that are in keeping with the memorial’s original state,

(b) minor works to, or in relation to, a memorial, including works to inscribe a name, date of birth or death on a memorial, that are—

(i) not likely to be inconsistent with the holder’s intention for the memorial, or

(ii) otherwise not inconsistent with any written instructions, plans or other documents indicating the holder’s intention for the memorial design,

(c) works to erect a memorial for a burial at an interment site if—

(i) there is no existing memorial at the site, and

(ii) 5 years have passed since the last interment at the site.

(2) The application—

(a) must be in the form approved by the cemetery operator, and

(b) must demonstrate, to the satisfaction of the cemetery operator, the holder of the interment right in relation to the works is unavailable to give consent, and

(c) must be accompanied by the information prescribed by the regulations, if any, and

(d) must be accompanied by the appropriate fee.

(3) In this section—

memorial—

(a) means a memorial, or proposed memorial, for an interment site that is the subject of an interment right, and

(b) does not include a memorial erected unlawfully.

s 70D: Ins 2025 No 32, Sch 1[43].

70E

Determination of applications for memorial works approvals

70E Determination of applications for memorial works approvals

(1) As soon as reasonably practicable after receiving an application for a memorial works approval, a cemetery operator must—

(a) grant the approval, or

(b) refuse to grant the approval.

(2) A memorial works approval may be granted unconditionally or subject to conditions.

(3) Before refusing to grant the approval, the cemetery operator must have—

(a) given written notice to the applicant of the proposed refusal, and

(b) given the applicant a reasonable opportunity to make submissions to the cemetery operator about the proposed refusal, and

(c) in deciding whether to refuse to grant the approval, considered the submissions, if any, made by the applicant.

(4) The cemetery operator must give an applicant reasons for refusing to grant an approval.

(5) A memorial works approval takes effect on the day on which notice of the decision to grant the approval has been given to the applicant.

(6) A cemetery operator must not grant a memorial works approval permitting works that are prohibited by a no works notice.

Maximum civil penalty—$27,500.

(7) The holder of a memorial works approval must not be taken as the holder of an interment right.

s 70E: Ins 2025 No 32, Sch 1[43].

70F

Cancellation of memorial works approvals

70F Cancellation of memorial works approvals

(1) A cemetery operator may cancel a memorial works approval at any time.

(2) A cemetery operator is not required to cancel a memorial works approval if a no works notice relating to an interment site to which the memorial works approval relates is given after the grant of the memorial works approval.

s 70F: Ins 2025 No 32, Sch 1[43].

70G

Directions by cemetery operators to holders of memorial works approvals

70G Directions by cemetery operators to holders of memorial works approvals

(1) A cemetery operator may, by written notice, direct a holder of a memorial works approval in relation to the carrying out of the works in the cemetery of the cemetery operator.

(2) A holder of a memorial works approval must comply with a direction under subsection (1).

Maximum penalty—100 penalty units.

s 70G: Ins 2025 No 32, Sch 1[43].

70H

Holders may prohibit works with no works notices

70H Holders may prohibit works with no works notices

(1) The holder of an interment right may, by written notice to the cemetery operator, prohibit works referred to in section 70D in relation to the interment site.

(2) A cemetery operator must, as soon as reasonably practicable after receiving the notice, make a record of the notice on the cemetery operator’s register.

Maximum civil penalty— $2,200.

s 70H: Ins 2025 No 32, Sch 1[43].

70I

When holders of interment rights are unavailable to give consent

70I When holders of interment rights are unavailable to give consent

For this division, a holder of an interment right is taken to be unavailable to give consent if—

(a) the holder or joint holders are dead or unknown, or

(b) the holder or joint holders have not responded about the proposed memorial works after reasonable steps have been taken in a way consistent with the Reasonable Notification Guidelines—

(i) to notify or attempt to notify the holder or joint holders, and

(ii) if notified, to allow for the holder or joint holders to respond within a reasonable time specified in the notice.

s 70I: Ins 2025 No 32, Sch 1[43].

Offence relating to conduct in cemeteries

70 Offence relating to conduct in cemeteries

A person must not, without lawful authority, in a cemetery—

(a) disturb or interrupt any service, procession or cortege, or

(b) inter any human remains (whether cremated or not).

Maximum penalty—25 penalty units.

Part 5

Operation of Crown cemeteries and crematoria

Part 5 Operation of Crown cemeteries and crematoria

Interpretation

71 Interpretation

In this Part and Schedule 2—

Crown cemetery operator means—

(a) the Crown land manager of a Crown cemetery, or

(b) any other person responsible under the Crown Land Management Act 2016 for the care, control and management of a Crown cemetery.

Crown land manager, in relation to a Crown cemetery, means the Crown land manager of the cemetery under the Crown Land Management Act 2016.

operator board means the board or other governing body of a Crown cemetery operator.

operator member, in relation to a Crown cemetery operator, means—

(a) for an operator with an operator board—each member of the board, and

(b) for an operator without an operator board—

(i) if the operator is under administration—the administrator, or

(ii) if the operator is not under administration—each person involved in the management of the affairs of the operator.

statutory land manager means a statutory land manager within the meaning of the Crown Land Management Act 2016.

Note.

Section 5 provides that—

(a) 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, and

(b) 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, the provisions of this Act or the regulations (as the case may be) prevail to the extent of the inconsistency.

s 71: Subst 2017 No 17, Sch 2.2 [10].

Exemption power—Cemeteries Agency

72 Exemption power—Cemeteries Agency

(1) The Cemeteries Agency may, by order in writing, exempt a Crown cemetery operator or class of Crown cemetery operators, or an operator member or class of operator members, from the operation of this Part or a specified provision of this Part if—

(a) it considers that they have duties or obligations under the provisions of another Act, or a regulation, that are commensurate with the duties or obligations under this Part or the provision concerned, or

(b) taking into account the scale and nature of operations of the cemetery concerned, it considers it appropriate to do so.

(2) The exemption may be limited in duration or may be subject to such factors or circumstances as may be specified in the order.

s 72: Am 2017 No 17, Sch 2.2 [11].

pt.5-div.2-sdiv.1

Appointment of Crown cemetery operators

pt.5-div.2-sdiv.1 Appointment of Crown cemetery operators

Subdivision 1 Appointment of Crown cemetery operators

pt 5, div 2, sdiv 1: Subst 2017 No 17, Sch 2.2 [13].

Cemeteries Agency may make recommendations about appointments of operators

73 Cemeteries Agency may make recommendations about appointments of operators

(1) The Cemeteries Agency may make recommendations to the Minister administering the Crown Land Management Act 2016 concerning the appointment of a Crown land manager as a Crown cemetery operator (including the members of its operator board) for any Crown cemetery.

(2) The Minister may (but need not) make appointments based on any such recommendations.

ss 73–75: Subst 2017 No 17, Sch 2.2 [13].

Special provisions for Crown cemetery operators that are statutory land managers

74 Special provisions for Crown cemetery operators that are statutory land managers

Schedule 2 contains provisions that apply to Crown cemetery operators that are statutory land managers with boards.

ss 73–75: Subst 2017 No 17, Sch 2.2 [13].

Delegation of functions by Crown cemetery operators

75 Delegation of functions by Crown cemetery operators

(1) A Crown cemetery operator may, with the approval of the Cemeteries Agency, delegate any of its functions (other than this power of delegation) as an operator to any other person or body.

(2) Without limiting section 49 of the Interpretation Act 1987, a delegation by an operator under subsection (1) may, with the approval of the Cemeteries Agency, be revoked by an operator at any time.

(3) The regulations may make provision for or with respect to delegations under this section.

(4) In particular, the regulations may require records to be kept of delegations of all or any particular functions or the revocation of such delegations.

ss 73–75: Subst 2017 No 17, Sch 2.2 [13].

76

76–80 (Repealed)

pt.5-div.2-sdiv.2

Conduct of operator members

pt.5-div.2-sdiv.2 Conduct of operator members

Subdivision 2 Conduct of operator members

80A

Application of Subdivision

80A Application of Subdivision

(1) The obligations imposed by this Subdivision are intended to apply in relation to all Crown cemetery operators and their operator boards and members and, in particular, to Crown cemetery operators that are statutory land managers and their operator boards and members.

(2) This Subdivision applies only in relation to the exercise of a Crown cemetery operator’s functions as an operator.

(3) If a Crown cemetery operator is not a statutory land manager, this Subdivision applies subject to the following—

(a) any modifications to the provisions of this Subdivision prescribed by the regulations,

(b) the constitution of, and any other governance provisions applicable to, the operator under another Act (including a Commonwealth Act, but not the Crown Land Management Act 2016) that the operator and its board are required to comply with.

(4) However, this Subdivision does not apply in relation to Crown cemetery operators that are councils within the meaning of the Local Government Act 1993.

(5) In this section—

modification includes addition, exception, omission or substitution.

s 80A: Ins 2017 No 17, Sch 2.2 [14].

Interpretation

81 Interpretation

A person is involved in a contravention of a provision of this Subdivision if, and only if, the person—

(a) has aided, abetted, counselled or procured the contravention, or

(b) has induced, whether by threats or promises, or otherwise, the contravention, or

(c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the contravention, or

(d) has conspired with others to effect the contravention.

Care and diligence—civil obligation only

82 Care and diligence—civil obligation only

(1) Care and diligence—operator members An operator member must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if the person—

(a) were an operator member in the Crown cemetery trust’s circumstances, and

(b) occupied the office held by, and had the same responsibilities as, the operator member.

Maximum civil penalty: $27,500.

(2) Business judgment rule An operator member who makes a business judgment is taken to meet the requirements of subsection (1), and the member’s equivalent duties at common law and in equity in respect of the judgment, if the member—

(a) makes the judgment in good faith for a proper purpose, and

(b) does not have a material personal interest in the subject matter of the judgment, and

(c) informs themselves about the subject matter of the judgment to the extent that the member reasonably believes to be appropriate, and

(d) rationally believes that the judgment is in the best interests of the Crown cemetery trust.

(3) The operator member’s belief that the judgment is in the best interests of the Crown cemetery trust is a rational one unless the belief is one that no reasonable person in the member’s position would hold.

Note.

This subsection only operates in relation to duties under this section and the equivalent duties at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.

(4) In this section—

business judgment means any decision to take or not take action in respect of a matter relevant to the business operations of the Crown cemetery trust.

ss 82–84: Am 2017 No 17, Sch 2.2 [15].

Use of position—civil obligations

83 Use of position—civil obligations

(1) Use of position—operator members An operator member must not improperly use his or her position to—

(a) gain an advantage for the operator member or someone else, or

(b) cause detriment to the Crown cemetery trust.

Maximum civil penalty: $27,500.

(2) A person who is involved in a contravention of subsection (1) contravenes this subsection.

Maximum civil penalty: $27,500.

ss 82–84: Am 2017 No 17, Sch 2.2 [15].

Use of information—civil obligations

84 Use of information—civil obligations

(1) Use of information—operator members A person who obtains information because the person is, or has been, an operator member must not improperly use the information to—

(a) gain an advantage for that operator member or someone else, or

(b) cause detriment to the Crown cemetery trust.

Maximum civil penalty: $27,500.

(2) The duty under subsection (1) continues after the person stops being an operator member.

(3) A person who is involved in a contravention of subsection (1) contravenes this subsection.

Maximum civil penalty: $27,500.

ss 82–84: Am 2017 No 17, Sch 2.2 [15].

Notification of significant events

85 Notification of significant events

(1) If a trust board decides to do any of the following things, the Crown cemetery operator concerned must immediately give the Cemeteries Agency written particulars of the decision—

(a) form a company or participate in the formation of a company,

(b) participate in a significant partnership, trust, unincorporated joint venture or similar arrangement,

(c) acquire or dispose of a significant share holding in a company,

(d) acquire or dispose of a significant business,

(e) commence or cease a significant business activity,

(f) make a significant change in the nature or extent of its interest in a significant partnership, trust, unincorporated joint venture or similar arrangement.

Note.

Part 3 of the Crown Land Management Act 2016 also imposes other obligations on Crown cemetery operators (including those with operator boards).

(2) The Cemeteries Agency may give written guidelines to the trust board that are to be used in deciding whether particulars are required to be given under subsection (1).

s 85: Am 2017 No 17, Sch 2.2 [16].

Codes of conduct

86 Codes of conduct

(1) A Crown cemetery operator must prepare and adopt a code of conduct to be observed by operator members and persons employed by the operator within 3 months after becoming the operator.

(1A) A code of conduct in force under this section for a Crown cemetery trust for a Crown cemetery immediately before this section was amended by the Crown Land Legislation Amendment Act 2017 continues in force for the purposes of this Act as if—

(a) the code had been adopted by the Crown cemetery operator for that cemetery on the date it was originally adopted, and

(b) the members of the board of the operator and its employees had been signatories to the code.

(2) The cemetery operator is to review its code of conduct at least every 3 years (or within such other period as is prescribed by the regulations) and make such changes as it considers appropriate.

(3) The code must include such matters as are prescribed by the regulations.

(4) In particular, the code may contain provisions for or with respect to the following conduct—

(a) conduct that contravenes all or specified provisions of this Act or the regulations in all or specified circumstances,

(b) improper or unethical conduct,

(c) abuse of power and other misconduct,

(d) the disclosure of interests (whether pecuniary or otherwise) that could conflict with the proper performance of functions and avoidance of conflicts of interest,

(e) the disclosure of confidential documents and information.

(5) The cemetery operator must provide a copy of its code of conduct as in force from time to time to each member of the trust board and employee and ask them to acknowledge their obligations under the code by signing it.

(6) A member of a trust board or employee must not contravene a code to which he or she is a signatory.

(7) Nothing in this section or such a code gives rise to, or can be taken into account in, any civil cause of action, and nothing in this section affects rights or liabilities arising apart from this section.

s 86: Am 2017 No 17, Sch 2.2 [17].

Disclosure of material personal interest by members of trust board—civil obligations

87 Disclosure of material personal interest by members of trust board—civil obligations

(1) If—

(a) a member of a trust board has a direct or indirect material personal interest in a matter being considered or about to be considered at a meeting of the trust board, and

(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,

the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the trust board.

Maximum civil penalty: $5,500.

(2) A disclosure by a member of a trust board at a meeting of the trust board that the member—

(a) is a member, or is in the employment, of a specified company or other body, or

(b) is a partner, or is in the employment, of a specified person, or

(c) has some other specified interest relating to a specified company or other body or to a specified person,

is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this section.

(3) Particulars of any disclosure made under this section must be recorded by the trust board in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person.

(4) After a member of a trust board has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the trust board otherwise determines—

(a) be present during any deliberation of the trust board with respect to the matter, or

(b) take part in any decision of the trust board with respect to the matter.

Maximum civil penalty: $5,500.

(5) For the purposes of the making of a determination by the trust board under subsection (4), a member who has a direct or indirect material personal interest in a matter to which the disclosure relates must not—

(a) be present during any deliberation of the trust board for the purpose of making the determination, or

(b) take part in the making by the trust board of the determination.

(6) A contravention of this section does not invalidate any decision of the trust board.

Invitations for tenders

88 Invitations for tenders

(1) If it is disclosed to the members of a trust board, or they have reason to believe, that a member of the board has or may have a direct or indirect material personal interest in a proposed contract with the trust—

(a) the board must, by notice that complies with the requirements in subsection (2), invite tenders for the proposed contract, and

(b) must not enter into the proposed contract unless satisfied that, in all the circumstances of the case, none of the tenders submitted is more advantageous than the proposed contract.

(2) The notice inviting tenders must—

(a1) be published in the Gazette and in—

(i) a newspaper circulating throughout the State, or

(ii) a manner approved in writing by the Minister having regard to the object of bringing notices of that kind to the attention of persons who may be interested in submitting tenders for the relevant contracts, and

(a) set out the nature of the work or services to be performed or the goods to be supplied under the contract, and

(b) invite persons willing to perform the work or services or supply the goods to submit tenders on or before a specified date (at least 21 days after publication of the notice) to the trust.

(3) This section does not apply in the case of an emergency.

(4) A contravention of this section does not invalidate any decision of the trust board.

s 88: Am 2018 No 25, Sch 2.3 [6] [7].

Liability of operator board, members and other persons

89 Liability of operator board, members and other persons

(1) A matter or thing done or omitted to be done by—

(a) an operator member in the course of managing the affairs of a Crown cemetery trust, or

(b) a person acting under the direction of an operator member (other than a director or officer of a corporation) in the course of managing the affairs of a Crown cemetery trust,

does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this or any other Act, subject the trust member or a person so acting personally to any action, liability, claim or demand.

(2) (Repealed)

s 89: Am 2017 No 17, Sch 2.2 [15] [18] [19].

pt.5-div.2-sdiv.3

Strategic plans

pt.5-div.2-sdiv.3 Strategic plans

Subdivision 3 Strategic plans

Strategic plans

90 Strategic plans

(1) A strategic plan identifies the main priorities for the future of a Crown cemetery for the period to which the plan relates.

(2) A Crown cemetery operator must—

(a) prepare a draft strategic plan for the management of the operation of each Crown cemetery for which the operator is responsible in accordance with this section, and

(b) submit the strategic plan to the Cemeteries Agency for review.

(3) A Crown cemetery operator who is responsible for more than one Crown cemetery may prepare a single draft strategic plan for all those cemeteries.

(4) The Crown cemetery operator must prepare the first draft strategic plan for a Crown cemetery within 12 months after the operator becomes the operator.

(5) A strategic plan in force under this section for a Crown cemetery trust immediately before this section was substituted by the Crown Land Legislation Amendment Act 2017 continues in force for the purposes of this Act for each Crown cemetery for a Crown cemetery operator to which the plan applied.

(6) Subsequent draft strategic plans must be prepared at such times as the Cemeteries Agency directs.

(7) The strategic plan must be in the form and provide for such matters as may be required by the Cemeteries Agency and must be prepared in accordance with any guidelines made by the Cemeteries Agency under section 91.

(8) The Cemeteries Agency may require an operator to amend and re-submit a draft strategic plan that is not prepared in accordance with the guidelines.

(9) The Cemeteries Agency may—

(a) approve a strategic plan, or

(b) approve a strategic plan with amendments, or

(c) refuse to approve a strategic plan.

(10) A Crown cemetery operator must advise the Cemeteries Agency if the operator wishes to exercise the operator’s functions in a manner inconsistent with an approved strategic plan.

(11) A Crown cemetery operator must ensure that an approved strategic plan is made available to members of the public on request.

s 90: Subst 2017 No 17, Sch 2.2 [20]. Am 2025 No 32, Sch 1[44].

Guidelines for strategic plans

91 Guidelines for strategic plans

(1) The Cemeteries Agency may, by order published in the Gazette, make guidelines for or with respect to strategic plans, including but not limited to the content and duration of plans.

(2) (Repealed)

(3) The Cemeteries Agency may make any other arrangements that it considers necessary to ensure that strategic plans are readily accessible to the public.

(4) The guidelines take effect on the date specified in the guidelines.

(5) A failure to comply with subsection (2) does not affect the validity of any guidelines made under this section.

s 91: Am 2017 No 17, Sch 2.2 [21].

Amendment, replacement or revocation of strategic plan

92 Amendment, replacement or revocation of strategic plan

(1) A strategic plan may be amended or replaced by a subsequent such plan prepared and approved in accordance with this Subdivision.

(2) The Cemeteries Agency may revoke a strategic plan, wholly or in part.

(3) The amendment or revocation of a strategic plan under this section takes effect—

(a) on the day notice of the amendment or revocation is published by the Cemeteries Agency in the Gazette, or

(b) on a later day specified in a notice under paragraph (a).

pt.5-div.2-sdiv.4

Plans of management

pt.5-div.2-sdiv.4 Plans of management

Subdivision 4 Plans of management

Preparation of draft plan of management

93 Preparation of draft plan of management

(1) The Cemeteries Agency may direct a Crown cemetery operator to prepare a draft plan of management for a Crown cemetery the operator manages.

(2) A Crown cemetery operator may, with the consent of the Cemeteries Agency, prepare such a draft plan on the operator’s own initiative.

(3) The Crown cemetery operator must forward a copy of the draft plan to the Cemeteries Agency.

(4) If the Cemeteries Agency directs a Crown cemetery operator to prepare a draft plan of management, the operator must—

(a) prepare it within the time directed by the Cemeteries Agency, and

(b) forward a copy of it to the Cemeteries Agency.

(5) The draft plan of management must be in the form, and provide for such matters, as may be required by the Cemeteries Agency and must be prepared in accordance with any guidelines made by the Cemeteries Agency under section 94.

(6) A Crown cemetery operator who is responsible for more than one Crown cemetery may prepare a single draft plan of management for all of the cemeteries.

s 93: Am 2017 No 17, Sch 2.2 [22] [23].

Guidelines for draft plans of management

94 Guidelines for draft plans of management

(1) The Cemeteries Agency may, by order published in the Gazette, make guidelines for or with respect to draft plans of management, including but not limited to the content and duration of plans.

(2) The Cemeteries Agency must—

(a) provide a copy of any guidelines made for or with respect to a Crown cemetery to the Crown cemetery operator concerned, and

(b) publish the guidelines in the Gazette.

(3) The Cemeteries Agency may make any other arrangements that it considers necessary to ensure that plans of management are readily accessible to the public.

(4) The guidelines take effect on the date specified in the guidelines.

(5) A failure to comply with subsection (2) does not affect the validity of any guidelines made under this section.

s 94: Am 2017 No 17, Sch 2.2 [24].

Referral and exhibition of draft plans

95 Referral and exhibition of draft plans

(1) If a draft plan of management for a Crown cemetery is prepared, the Cemeteries Agency—

(a) may refer a copy of it to any other person for consideration, and

(b) must place a copy of it on public display for not less than 28 days or direct the Crown cemetery operator concerned to place a copy of it on public display for not less than 28 days.

(2) Any person may make representations concerning the draft plan to the Cemeteries Agency within the time allowed by it.

(3) The Cemeteries Agency must consider any such representations before adopting the draft plan.

Adoption of plan of management

96 Adoption of plan of management

(1) The Cemeteries Agency may adopt a plan of management for a Crown cemetery without alteration or with such alterations as it thinks fit.

(2) The Cemeteries Agency must not adopt a plan of management that provides for the Crown cemetery to be used for any purpose other than a cemetery.

(3) If a plan of management is adopted—

(a) the Crown cemetery operator concerned must carry out and give effect to it, and

(b) no operations may be undertaken on or in relation to the cemetery unless they are in accordance with the plan.

Alteration or cancellation of plan

97 Alteration or cancellation of plan

(1) The Cemeteries Agency may from time to time alter a plan of management adopted under this Subdivision or may cancel the plan.

(2) If a plan of management is cancelled, a new plan of management may be adopted, at the same time or later, in accordance with this Subdivision.

(3) The Cemeteries Agency must cause or direct a proposed alteration of a plan to be prepared and the alteration is to be prepared, referred and adopted as if it were a plan of management.

(4) The plan as altered may not include use of the cemetery for an additional purpose.

(5) The plan as altered becomes the plan adopted for the purposes of this Subdivision.

Plan of management for submerged land

98 Plan of management for submerged land

(1) If land usually submerged by water is wholly or partly the subject of a plan of management, the Cemeteries Agency must refer the plan to the Minister administering the Fisheries Management Act 1994 before adopting it.

(2) The plan may not be adopted, altered or cancelled, in so far as it relates to the submerged land, except with the concurrence in writing of the Minister administering that Act.

s 98: Am 2015 No 58, Sch 1.2 [6].

98A

Saving of certain plans of management

98A Saving of certain plans of management

A plan of management in force under this Subdivision for a Crown cemetery before this section was inserted by the Crown Land Legislation Amendment Act 2017 continues in force for the purposes of this Subdivision for that Crown cemetery.

s 98A: Am 2017 No 17, Sch 2.2 [25].

pt.5-div.2-sdiv.5

Financial management, audits and reports

pt.5-div.2-sdiv.5 Financial management, audits and reports

Subdivision 5 Financial management, audits and reports

Annual report

99 Annual report

(1) A Crown cemetery operator must, within 4 months after the end of each financial year, submit an annual report of the operator’s operations in connection with the Crown cemeteries the operator operates for the financial year to the Cemeteries Agency.

(2) The annual report must include the following—

(a) an audited financial statement for the period to which the report relates,

(b) a report about the operations of the operator and the performance of the operator’s functions under this Act during the period to which the annual report relates prepared in accordance with this Act and the regulations,

(c) such financial reports, opinions, budgets, reports and other matters as may be prescribed by the regulations.

(3) The financial statement is to be prepared in accordance with Australian Accounting Standards.

(4) The financial statement is to be audited by an independent auditor and a report is to be provided by the auditor.

(5) A person is not qualified to be an auditor for the purposes of this section unless the person is a registered company auditor (within the meaning of the Corporations Act 2001 of the Commonwealth).

(6) An auditor of a Crown cemetery operator is not an independent auditor—

(a) if (otherwise than as an auditor) the person is an officer or employee of the operator, or

(b) if the person is a partner, employer, employee, spouse, de facto spouse or immediate family member of a person who is (otherwise than as an auditor) an officer or employee of the operator.

(7) The Cemeteries Agency may extend, or further extend, the period for submission of an annual report to it by a total period of up to 3 months.

(8) In this section—

Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board.

s 99: Subst 2017 No 17, Sch 2.2 [26].

100

Nature of report of operations

100 Nature of report of operations

(1) The report about the operations referred to in section 99 must include (whether in the following order or otherwise) particulars in relation to any strategic plan or plan of management in force for the cemetery managed by the Crown cemetery operator.

(2) The report about the operations must, in addition to the matters referred to in subsection (1), include such particulars, if any, as may be prescribed by the regulations in relation to such matters.

(3) The report of the operations is to be prepared in such manner, if any, and such form, if any, as may be prescribed by the regulations.

s 100: Am 2017 No 17, Sch 2.2 [27].

101

Additional information—civil obligation

101 Additional information—civil obligation

(1) The Cemeteries Agency may, at any time, by notice in writing direct a Crown cemetery operator to provide, within such time, if any, as is specified in the direction, as part of the annual report referred to in section 99 or by means of a separate report, such information relating to the financial report or operations, or both, of the Crown cemetery operator as is so specified.

(2) The Crown cemetery operator must comply with a direction given to the operator under subsection (1).

Maximum civil penalty: $19,800.

s 101: Am 2017 No 17, Sch 2.2 [28].

102

Inspection etc of Crown cemetery operator

102 Inspection etc of Crown cemetery operator

(1) The Cemeteries Agency may appoint a person to inquire into, or carry out an audit of, any of the affairs of a Crown cemetery operator.

(2) The person appointed may, for the purposes of the inquiry or audit—

(a) inspect and take copies of or extracts from any records (including accounting records) of the operator, or

(b) require any person concerned in the management of the operator to give information and answer questions relating to the affairs of the trust.

(3) The power of the appointed person to inspect the records of a Crown cemetery operator includes the power to inspect any records of a lessee or licensee which the operator has power to inspect under the lease or licence.

(4) A person must not—

(a) refuse or fail without lawful excuse to allow the appointed person access to records to which the person is entitled, or

(b) refuse or fail without lawful excuse to give information or answer questions, as required by the appointed person, or

(c) wilfully obstruct or delay the appointed person in the exercise of a function under this section.

Maximum penalty—100 penalty units.

s 102: Am 2017 No 17, Sch 2.2 [29].

pt.5-div.2-sdiv.6

Committees

pt.5-div.2-sdiv.6 Committees

Subdivision 6 Committees

103

Establishment and functions of committees

103 Establishment and functions of committees

(1) An operator board—

(a) must establish—

(i) a finance committee, and

(ii) an audit and risk committee, and

(iii) a community advisory committee to liaise with communities to which the operator board provides cemetery services, and

(b) may establish any other committee as it determines from time to time.

(2) An operator board must establish the committees referred to in subsection (1) (a) within 12 months after the commencement of this section or the appointment of the operator board (whichever first occurs).

(3) A finance committee or audit and risk committee—

(a) must consider any matters that are referred to it by the operator board, and

(b) may investigate and make inquiries about any matter referred to it by the operator board, and

(c) must report back to the operator board as required by the operator board, and

(d) must carry out any other function conferred on it by or under this or any other Act or by the operator board.

(4) A community advisory committee—

(a) must consider any matters that are referred to it by the operator board, and

(b) must report back to the operator board as required by the operator board, and

(c) must raise with the operator board any issues of concern or matters of interest to the community regarding the cemetery services provided by the operator board, and

(d) must carry out any other function conferred on it by or under this Act or by the operator board.

(5) An operator board must consider any matter that is the subject of a report, or that is raised by, a finance committee, audit and risk committee or community advisory committee under this section.

s 103: Am 2015 No 58, Sch 1.2 [7]; 2017 No 17, Sch 2.2 [30].

104

Membership and procedure of committees

104 Membership and procedure of committees

(1) A committee established under section 103 consists of the persons appointed by the operator board, in accordance with any applicable committee guidelines made under section 105.

(2) It does not matter that any or all members of the committee are not members of the operator board.

(3) The procedure of the committee is to be determined by the committee, subject to this Act and any applicable committee guidelines made under section 105 and except as otherwise determined by the operator board.

s 104: Am 2017 No 17, Sch 2.2 [31].

105

Committee guidelines

105 Committee guidelines

(1) The Cemeteries Agency may, by order published in the Gazette, make guidelines for or with respect to any committee established under this Subdivision, including but not limited to the following—

(a) the appointment of members of the committee,

(b) the composition, roles and functions of the committee,

(c) the procedure of the committee,

(d) any other matter relating to the operation of the committee.

(2) The Cemeteries Agency must provide a copy of any guidelines made for or with respect to a committee under this section to the operator board that established the committee.

(3) The guidelines take effect on the date specified in the guidelines.

(4) A failure to comply with subsection (2) does not affect the validity of any guidelines made under this section.

s 105: Am 2017 No 17, Sch 2.2 [32].

pt.5-div.2-sdiv.7

Miscellaneous

pt.5-div.2-sdiv.7 Miscellaneous

Subdivision 7 Miscellaneous

106

Planning, conduct and maintenance

106 Planning, conduct and maintenance

(1) The Crown cemetery operator for a cemetery may make such provision as it considers necessary for the following—

(a) the setting aside of parts of the cemetery for different types and classes of interments,

(b) the establishment of standards of construction and design for monuments and structures,

(c) the size, multiple use and location of interment sites,

(d) interments in vaults,

(e) the erection or installation of structures and the making of inscriptions,

(f) the carrying out of work by monumental masons,

(g) the qualifications required by, and the security deposits required to be lodged by, monumental masons,

(h) the removal, replacement and maintenance of structures,

(i) the placing of vases, statuettes, jars, bottles or other items of embellishment on or near graves, monuments, crypts or vaults,

(j) the improvement and maintenance of the cemetery,

(k) the making of arrangements for the care of interment sites on an annual (or longer term) or other basis,

(l) the supply of goods and services incidental to the conduct of interments and other matters relating to the cemetery,

(m) the conduct of religious or other ceremonies of interment or commemoration,

(n) the disposition and memorialisation of cremated human remains,

(o) landscaping and setbacks from stormwater and drainage canals and similar watercourses and structures,

(p) any other matter relating to the management of the cemetery so long as the provision made is consistent with any direction given by the Minister.

(2) To avoid doubt, a Crown cemetery operator may make provision for the placement and burial of animal remains.

s 106: Am 2025 No 32, Sch 1[45].

107

Fees and charges

107 Fees and charges

(1) A Crown cemetery operator may from time to time set the fees or charges payable with respect to the following—

(a) grant of interment rights (including the renewal of renewable interment rights) with respect to interment sites in the cemetery under Part 4,

(b) use of the whole or any part of the cemetery and any building, structure or enclosure in the cemetery,

(c) parking or use of any vehicle or class of vehicles in the cemetery,

(d) use of electricity, gas and water,

(e) rubbish disposal and cleaning of the cemetery,

(f) removal of effluent.

(2) The Crown cemetery operator may from time to time set the fees or charges payable for the services provided in respect of the cemetery.

(3) In setting fees and charges, the Crown cemetery operator is to have regard to the following—

(a) any contractual arrangements entered into by the responsible operator in relation to the cemetery,

(b) the number of intended interments or cremations,

(c) the costs of developing the land to be used for interment sites,

(d) future maintenance,

(e) infrastructure costs.

(4) Notice of the fees or charges payable under subsection (1) (b)–(f) and (2) is to be published in the Gazette or in another manner prescribed by the regulations, or both.

(5) The Crown cemetery operator is to give the Cemeteries Agency notice of a fee or charge set by it within 3 months (or such other period as may be prescribed by the regulations) after the fee or charge is set.

(6) The Crown cemetery operator may in any particular case waive payment of the whole or any part of any fee or charge set under this section.

(7) Without limiting subsection (6), a Crown cemetery operator may waive payment of part of a fee or charge that is referable to the unexpired portion of a renewable interment right.

(8) The Cemeteries Agency may serve notice on the Crown cemetery operator disallowing or varying any fee or charge as specified in the notice and the operator is to give effect to the Cemeteries Agency’s notice.

Part 6

Legal proceedings and other matters

Part 6 Legal proceedings and other matters

108

Nature of proceedings for offences

108 Nature of proceedings for offences

Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.

109

Persons who may commence proceedings

109 Persons who may commence proceedings

(1) Proceedings for an offence against this Act or the regulations may be taken and prosecuted only by the Secretary or, in the name of the Secretary, by a person acting with the authority of the Secretary.

(2) In proceedings for an offence against this Act or the regulations, an authority to prosecute purporting to have been signed by the Secretary is evidence of that authority without proof of the signature of the Secretary.

s 109: Am 2025 No 32, Sch 1[46].

110

Time for commencing proceedings

110 Time for commencing proceedings

(1) Proceedings for an offence under this Act or the regulations may be commenced not later than 12 months after the offence was alleged to have been committed.

(2) Proceedings for an offence against this Act or the regulations may also be commenced within but not later than 12 months after the Secretary became aware of the alleged offence.

(3) If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice must contain particulars of the date on which evidence of the alleged offence first came to the attention of the Secretary and need not contain particulars of the date on which the offence was alleged to have been committed.

(4) The date on which evidence first came to the attention of the Secretary is the date specified in the court attendance notice, unless the contrary is established.

(5) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

(6) In this section—

evidence of an offence means evidence of any act or omission constituting the offence.

s 110: Am 2025 No 32, Sch 1[46].

111

Penalty notices

111 Penalty notices

(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.

(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.

(3) The Fines Act 1996 applies to a penalty notice issued under this section.

Note.

The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.

(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).

(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

s 111: Subst 2017 No 22, Sch 3.8.

112

Definitions

112 Definitions

In this Part—

maximum civil penalty—see section 113 (2).

pecuniary penalty order means an order under section 114.

113

When a provision is a civil penalty provision

113 When a provision is a civil penalty provision

(1) A subsection of this Act (or a section of this Act that is not divided into subsections) is a civil penalty provision if the words “maximum civil penalty” and one or more amounts by way of monetary penalty are set out at the foot of the subsection (or section).

(2) A contravention of a civil penalty provision is punishable by a penalty not exceeding the maximum amount of monetary penalty set out at the foot of the subsection, section, subclause or clause (the maximum civil penalty).

(3) Proceedings in relation to a civil penalty provision are to be dealt with in accordance with this Division.

114

Proceedings for contravention of civil penalty provision

114 Proceedings for contravention of civil penalty provision

(1) Within 12 months of a person (the wrongdoer) contravening a civil penalty provision or the Cemeteries Agency becoming aware of the contravention, the Cemeteries Agency (or an authorised officer referred to in section 121) may apply to the Local Court for an order that the wrongdoer pay a pecuniary penalty.

(2) If the Local Court is satisfied that the wrongdoer has contravened a civil penalty provision, the Local Court may order the wrongdoer to pay for each contravention the pecuniary penalty that the Local Court determines is appropriate (not exceeding the maximum civil penalty specified for contravention of that civil penalty provision).

(3) In determining the pecuniary penalty, the Local Court must have regard to all relevant matters, including the following—

(a) the nature and extent of the contravention,

(b) the nature and extent of any loss or damage suffered as a result of the contravention,

(c) the circumstances in which the contravention took place,

(d) whether the person has previously been found by a court or tribunal to have engaged in any similar conduct.

(4) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Act against a person in relation to the contravention of any one or more of those provisions. However, the person is not liable to more than one pecuniary penalty under this section in respect of the same conduct.

115

Contravening a civil penalty provision is not an offence

115 Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.

116

Persons involved in contravening a civil penalty provision

116 Persons involved in contravening a civil penalty provision

(1) A person must not—

(a) aid, abet, counsel or procure a contravention of a civil penalty provision, or

(b) induce (by threats, promises or otherwise) a contravention of a civil penalty provision, or

(c) be in any way, directly or indirectly, knowingly concerned in, or a party to, a contravention of a civil penalty provision, or

(d) conspire to effect a contravention of a civil penalty provision.

(2) This Division applies to a person who contravenes subsection (1) in relation to a civil penalty provision as if the person had contravened the civil penalty provision.

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Act

This Act is the Cemeteries and Crematoria Act 2013.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act

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.

s 3: Am 2017 No 17, Sch 2.2 [1]; 2025 No 32, Sch 1[1].