Your burial and cremation rights

The NSW Government has legislation to manage burial and cremation (interment) in NSW.

Interment rights

The legislation includes interment rights.

An interment right is a contract with a cemetery operator allowing interment at a particular location. When you 'buy' a site, you do not purchase a piece of land. Instead, you purchase the right to have remains interred in a particular location. An interment right is not required for scattering cremated remains in a cemetery.

Interment rights apply to burials of human remains (including cremated remains) in the earth, mausoleums, crypts, vaults and niche walls.

For more information read our fact sheet on interment rights (PDF, 206 KB).

Our General Consumer Guide (PDF, 603 KB) covers interment rights, burial and cremation options and general pricing information.

Guides are available in 7 languages.

Your rights and choices for burial and cremation

Cemetery and crematorium operators must take reasonable steps to respect cultural, religious and personal practices. Know your rights and options when making burial or cremation arrangements:

• You decide what feels right. A funeral service is optional, it is not required by law.  
• You do not need to use a standard coffin or casket. Personal, cultural or religious choices should be respected.
• An interment right is required to place human remains or ashes in a cemetery or crematorium. You do not need an interment right to scatter ashes. 
• Some burial plots can be used for more than one burial, depending on the site. Speak with the cemetery operator about your family’s needs.
• All costs must be clearly explained, including fees for burial, cremation or ash interment.