Cemeteries & Crematoria Association of NSW - Members Site

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Interesting facts and FAQs about burial, cremation, funerals and ways to commemorate life.

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Latest Q & A

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What does a funeral cost? (1 answer)

3 years ago

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Choosing a Funeral Director? (1 answer)

3 years ago

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Should the body of the deceased be viewed? (1 answer)

3 years ago

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How can I share an article or blog on this website? (1 answer)

3 years ago

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What should the width between graves be? (4 answers)

4 years ago

We have just had an enquiry asking what the law states as to the width between burials., that allows room for walking between the graves without standing on someone’s grave. I...

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39: Does the Cemeteries and Crematoria Act 2013 override the Public Health Regulation 2012? (1 answer)

4 years ago

If they conflict, then the Cemeteries and Crematoria Act 2013 takes precedence.

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.

Disclaimer

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.

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38: If the Interment Right holder cannot be identified or contacted, can cemetery operators remove unsafe or damaged headstones? (1 answer)

4 years ago

If the Interment Right holder cannot be identified or contacted, can cemetery operators remove unsafe or damaged headstones?

The cemetery operator is not obliged to contact an Interment Right holder regarding works concerning unsafe or damaged headstones. Section 43(1)(e) of the Act only requires the...

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37: Is there any limit on the number of cremated remains that may be interred into a grave? (1 answer)

4 years ago

Is there any limit on the number of cremated remains that may be interred into a grave? There is no limit specified under the Act. The real limitation is the number of...

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36: Can a family acquire more than two Interment Rights (e.g. can six family members acquire 12 interment locations)? (1 answer)

4 years ago

Can a family acquire more than two Interment Rights (e.g. can six family members acquire 12 interment locations)?

Yes, the Act limits each person to holding no more than two Interment Rights (either as a single or joint holder) for human remains (whether bodily or cremated remained) in any...

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35: When an Interment Right allows multiple interments, does the Right need to be transferred to the beneficiaries of the first interred before any subsequent burials are authorised? (1 answer)

4 years ago

When an Interment Right allows multiple interments, does the Right need to be transferred to the beneficiaries of the first interred before any subsequent burials are authorised?

If there were joint holders of the Interment Right, subsequent interments can be authorised by the surviving holder. If the interred deceased was the sole holder of the Right,...

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20 What constitutes exercising a right of interment? (1 answer)

4 years ago

What constitutes exercising a right of interment?

Interring bodily remains or cremated remains within the interment site. [section 46(1)(a)] CEMETERIES AND CREMATORIA ACT 2013 - SECT 46 Nature of interment right 46...

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21 If cremated remains are scattered upon a grave, has the right been exercised? (1 answer)

4 years ago

If cremated remains are scattered upon a grave, has the right been exercised?

No. [section 62] CEMETERIES AND CREMATORIA ACT 2013 - SECT 62 Interment right not required for scattering of cremated remains CEMETERIES AND CREMATORIA ACT 2013 - SECT...

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23 After an exhumation has occurred from a grave, is the holder of the interment right entitled to inter more bodily remains in that grave? (1 answer)

4 years ago

Exhumation After an exhumation has occurred from a grave, is the holder of the interment right entitled to inter more bodily remains in that grave?

There is no authority on this point, and the legislation does not address this possibility, but it would appear not. At law, the right has been exercised; this is not displaced...

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24 Can a burial (site) right vacated after exhumation be resold by the cemetery operator? (1 answer)

4 years ago

The only interment within a perpetual grave has been exhumed. The grave remained empty for 50 years after that perpetual interment right was issued. After following the...

There is no authority on this point, and the legislation does not address this possibility, but it would appear not. The interment right has been issued in perpetuity, and the...

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28 What is required to facilitate additional interments in burial rights in the absence of clear estate or ownership evidence? (1 answer)

4 years ago

Example: 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...

At law, the granddaughter does not have an automatic right to claim the unused interment right. The unused interment right is an asset, and is distributed according to Mr John...

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Can I witness the cremation? (1 answer)

one year ago

I and perhaps other family members want to witness the actual cremation of a loved one. Is that allowed?

Whether or not you are allowed to do so will depend upon the policy that applies to the particular crematorium that you choose to use. Some crematoria have a special “viewing...

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How to implement general exemption for burial without coffin in NSW? (2 answers)

2 years ago

I’m seeking some information from the Association brains trust. I’ve been asked for support for a general exemption for out of coffin interments for the members of the...

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Position of coffin in grave (5 answers)

3 years ago

Hello, can you tell me how Council can determine where the coffin is, in the grave?

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How do I know if a person meets the requirements to have inherited the right of interment? (1 answer)

2 years ago

How do I know if a person meets the requirements to have inherited the right of interment?

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Numbering of new interments (1 answer)

2 years ago

Hi all, Our Council currently manages 6 fairly small country cemeteries, which in the past have been managed by various staff and no real consistency to processes used....

Hi Sandy There is no right or wrong way to solve the issue. From my perspective your Option 3) seems to be a practical way forward