Questions, with answers based on legal opinion

The CCANSW has obtained legal opinion on common & frequent questions members have about the Cemeteries & Crematoria Act NSW 2013. To see the answers to the questions you need to be logged into the webs site as a CCANSW member or nominated delegate.

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The answers to questions are legal opinions obtained by the Cemeteries & Crematoria Association of New South Wales (CCANSW) from Robbins Watson Solicitors, and are subject to the following disclaimer and copyright.


This publication is provided in good faith and is for general information purposes only. This publication does not constitute legal advice, and must not be relied upon. You should seek professional legal advice in relation to matters arising out of the publication. No warranty or representation regarding the reliability, quality or accuracy of any information in this publication is given by Robbins Watson or the authors of the publication.

Robbins Watson Solicitors

© Copyright Robbins Watson Solicitors, September 2018.


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Cemeteries & Crematoria Act NSW 2013



Authority to act

Burial on private land

Cremated remains are interments

Disputed matters

Exercising interment rights


Interment right holder


  • If there is no estate, who may legitimately claim the right of interment?
  • Upon the death of his wife in 1970, Mr John Smith purchase interment rights for two adjoining (potentially also double depth) graves. He was later buried in the same grave as his wife. Upon his death there was no estate, apart from the then-vacant grave. His granddaughter wishes to claim the graves, so she can inter her own mother’s cremated remains in the vacant grave and then place a monument upon the two graves.

Joint holders

Multiple Rights and Multiple Interments

Perpetual Rights

Public Health Act (NSW)

Relocating memorials

Renewable rights

Revoking rights


Smith v Tamworth City Council

Transferring interment rights

Transferring remains

Unsafe monuments and headstones

 See also

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