Cemeteries & Crematoria NSW is progressively updating the information available on this page between September and November 2024. Updated information, guides and forms will be published as they are released.
In particular, these updates align the interment rights material with the subsequent introduction of the Interment Industry Scheme and in particular the requirement for a consumer contract (commencing 1 October 2024).
The remaining 2018 material will still be available until this update is completed.
Overview of interment rights
Interment rights were introduced in NSW in 2018 with the commencement of Part 4 of the Cemeteries and Crematoria Act 2013, replacing common law rights previously known as ‘burial licences’, 'burial permits' or ‘interment licences’.
Part 4 introduced two types of interment rights, perpetual and renewable, and a series of obligations in relation to interment rights.
These requirements were enhanced via the commencement of the Interment Industry Scheme in 2022 (as contained in Part 3 of the Act, and in the Regulations), in particular through the requirement to have a consumer contract for the sale of an interment right which commences on 1 October 2024.
For further details, visit the Interment Industry Scheme.
Note that while crematoria are required to be licenced under the Interment Industry Scheme, Part 4 does not apply to those operators who only offer cremations, as there is no interment right involved.
This information is intended for operators of cemeteries and memorial gardens. Information on interment rights for customers is available on Your burial and cremation rights (in multiple languages), and will be updated to reflect the latest information on this page.
Key terminology
An interment is the placement of human remains (either bodily remains via burial, or cremated remains via ash interment) below ground or in above ground structures.
An interment right is a right that is granted by a cemetery operator to a person or persons under Part 4 of the Act.
The holder of an interment right has the exclusive right to a specific burial place or place for ashes (an interment site), either permanently (for perpetual tenure) or for a defined period (renewable tenure). An interment right does not include any rights or title in the land.
The holder of an interment right is the person able to authorise actions relating to that right including:
- the interment of remains
- the erection and maintenance of memorials
- any removal or disturbance of remains in the site.
An interment right holder is the person recorded in the cemetery register as the right holder. A right may be held individually, or jointly with other right holders.
A person becomes an interment right holder if:
- they apply to a cemetery operator in the approved form and pay the fee, and the operator decides to grant the right; or
- the right is transferred to them, and the cemetery register is amended to indicate that they are the new right holder.
Selling interment rights in NSW
Interment rights in NSW can only be sold by a cemetery operator. If a funeral director is selling interment rights on behalf of an operator, they are acting as an authorised agent and must use the appropriate operator paperwork.
The Cemeteries and Crematoria Act 2013 requires three forms for the sale of an interment right:
1. Application for interment right
2. Consumer contract
3. Interment right certificate
Application for interment right
The application for interment right is completed by the customer, with the funeral director or operator, providing their details and the services that they wish to apply for/purchase.
Under the Act an application for an interment right must be in the approved format, however no approved form is currently in place. An updated application for interment right form has been prepared as a template for operators until such time that a form is approved by Cemeteries & Crematoria NSW. This form is provided as an example, to update the 2018 form and align it with the new requirement for a contract. It applies to both perpetual and renewable interment rights.
We intend to make this form, or key elements of it, mandatory for operators after a period of operational testing but it is not currently mandatory.
View the application for Interment Right example form (DOCX, 404 KB).
Consumer contract
For information on the consumer contract, which will commence as a requirement of operator licence conditions on 1 October 2024, visit the Interment Industry Scheme.
Note that if the model contract, published by Cemeteries & Crematoria NSW, is used by an operator there is an option to adapt that contract to also meet the requirements of the application for interment right and the interment right certificate. Read the Guide to Using the Model Contract (PDF, 286 KB) for more information.
Interment right certificate
The Act requires a cemetery operator to provide a certificate to the holder of an interment right in the form approved by Cemeteries & Crematoria NSW. No approved form is currently in place. A series of updated interment right certificates have been prepared as templates for operators until such time that a form is approved by Cemeteries & Crematoria NSW. These certificates are provided as examples, to update the 2018 versions and align with the new requirement for a contract.
We intend to make these forms, or key elements of them, mandatory for operators after a period of operational testing but they are not yet mandatory.
There are four template forms provided for use, depending on the circumstances:
| Details | Perpetual Interment Right | Renewable Interment Right |
|---|---|---|
| Right sold using a consumer contract | Perpetual Interment Right Certificate with contract form (DOCX, 442 KB) | Renewable Interment Right Certificate with contract form (DOCX, 443 KB) |
| Right issued without a consumer contract. For example, after the transfer of an interment right. | Perpetual Interment Right Certificate without contract form (DOCX, 445 KB) | Renewable Interment Right Certificate without contract form (DOCX, 443 KB) |
The key updates made to the forms are explained in the summary of key changes to interment rights form – 2024 updates (PDF, 107 KB). There may be some of these changes you wish to adopt in your existing forms, in particular to reflect the introduction of the contract.
Selling multiple interment rights
Cemeteries & Crematoria NSW can remove the restriction on a person holding interment rights for more than 2 sites in a cemetery. This guide explains what information cemetery operators must provide when applying for an approval.
Remaining 2018 material for reference
This material is progressively being updated.
Guides
Interment rights (system) in NSW - Part 4 of the Act sets out the interment rights system for NSW - Guide to the interment rights system in NSW (PDF, 171 KB)
Guide to records certificates and forms - Guide to help operators complete certificates and forms required under part 4 of the Act - Guide for records, certificates and forms (PDF, 253.42 KB)
The templates from the Guide to records, certificates and forms are in PDF format.
Note that templates A and B have been combined into the new Application for interment right form, and templates E and F have been updated with the new interment right certificates. See the updated forms above.
- Template C – Application to renew a renewable interment right (DOCX, 43 KB)
- Template D – Order for interment (DOCX, 44 KB)
- Template G – Application for transfer of an interment right (by holder) (DOCX, 49 KB)
- Template H – Application for transfer of an interment right as a bequest (DOCX, 49 KB)
- Template I – Application for transfer of an interment right as a result of intestacy (DOCX, 52 KB)
- Template J – Application for compensation after revocation of a perpetual interment right (DOCX, 50 KB)
- Template K – Application for copy of entry from cemetery operators register (DOCX, 48 KB)
Industry terms and references - Guide to terms and references used in the interment sector (PDF, 107 KB)
Maintenance of memorials - Requirements for the maintenance, alteration and repair of memorials (PDF, 306 KB)
Heritage advisory committees - Under the section 69 of the Act, operators must establish and manage heritage advisory committees - Guide to heritage advisory committees (PDF, 287 KB)
Cemetery operator's register - Operators must meet information compliance requirements under part 4 of the Act and the Cemeteries and Crematoria Regulation 2022 (previously shown as the 2014 Regulation) - Guide for a cemetery operators register (PDF, 236 KB)
Information regarding religious or cultural practices
Religious, cultural and spiritual practices are an important element of cemetery and crematoria operations and this is reflected in regulatory requirements.
- Under Section 46 of the Cemeteries and Crematoria Act 2013, an operator must permit the interment of remains in accordance with the cultural or religious practice applicable to the relevant part of the cemetery.
- Under the Cemeteries and Crematoria Regulation 2022, cemetery operators must determine if any cultural or religious practices apply to human remains before they can be disturbed.
- Licenced cemetery and crematoria operators must comply with religious and cultural principles, and Aboriginal cultural and spiritual principles.
To help you identify cultural or spiritual leaders you can consult if required, some key organisations and contact details are listed below. This list is provided as a guide only, and will be updated as part of the refresh of this web page.