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).