The NSW Government has amended the Cemeteries and Crematoria Act 2013 (the Act) to deliver improved outcomes for the people of New South Wales and provide clarity for interment industry operators.
Read The Cemeteries and Crematoria Act 2013 is changing (PDF, 172 KB) for further details on how the Act is changing.
Resources for operators
CCNSW is creating and updating guidance material to support operators to implement the amendments to the Act which commence on 1 September 2025.
Reasonable notification guidelines
From 1 September, cemetery operators can follow a simpler process to notify individuals before making certain decisions that may affect an interment right or site.
The new Reasonable Notification Guidelines(PDF, 182 KB) specify the steps that operators or applicants must follow.
Memorial maintenance and installation
From 1 September, cemetery operators may authorise non-interment right holders such as family members or community groups to maintain or repair memorials without needing to transfer the interment right.
Read the updated fact sheet on the Memorial maintenance and installation (PDF, 134 KB) for more details.
Multiple interment rights
From 1 September, cemetery operators can apply to CCNSW to enable a person to hold rights over more than 2 unused interment sites or more than 10 interment sites in total within a cemetery
This change increases the number of interment sites able to be held without CCNSW approval.
Read the updated fact sheet on Multiple interment rights (PDF 108 KB) for more details.
To apply for multiple interment rights, fill out the application form.
What changes are being made to the Act?
The amendments to the Act improve the interment industry in New South Wales by:
- strengthening the role of CCNSW in managing the resolution of complaints
- providing CCNSW with discretionary powers to share information about its regulatory activities with the public
- addressing the burial supply crisis by enabling activation of existing cemetery space for new interments, while respecting existing interments and any heritage items to support future generations
- making it easier for relatives and community members to undertake monument maintenance to honour their loved ones
- considering feedback from advisory bodies representing operators, and community and consumer groups, on industry issues and ongoing industry development
- modernising the processes for operators when identifying and notifying an interment right holder to a more common-sense approach focused on reaching the right audience
- strengthening religious and cultural protections by requiring operators to ensure they are taking all reasonable steps to follow practices applicable to a portion of a cemetery
- clarifying that the placement and burial of animal remains is permitted in an interment site.
When do the changes to the Act commence?
The Bill passed Parliament on 4 June 2025. The changes to the Act commence in 2 stages:
- Governance changes, including the dissolution of the Board, took effect on 1 July 2025.
- Remaining changes affecting interment operators will come into force on 1 September 2025.
CCNSW’s governance changed on 1 July 2025 with the CCNSW Board dissolved and replaced with a CEO appointed via a statutory appointment. With the Board's leadership, CCNSW has made great strides in recent years and improved its regulatory presence.
Given CCNSW's maturity, this level of oversight is no longer required. CCNSW will remain subject to extensive oversight from the Minister for Lands and Property and the NSW Audit Office. That oversight is further strengthened by establishing 2 advisory groups to provide sector engagement and accountability.
Background
The NSW Government commissioned a statutory review of the Act. The review resulted in The 11th Hour – Solving Sydney's Cemetery Crisis (PDF, 24.6 MB) which was tabled in the NSW Parliament on 19 February 2021.
As a requirement under section 145 of the Act, the Independent Pricing and Regulatory Tribunal NSW (IPART) began an investigation into the costs and prices of interment services in New South Wales in May 2019 and provided its Final Report – Review of interment costs and prices – November 2020.
Starting in October 2020, the IPART also investigated competition, costs and pricing factors in the New South Wales funeral industry, submitting its Final Report – Competition costs and pricing in the NSW Funeral Industry – June 2021 of recommendations to the NSW Government on 26 August 2021.
CCNSW has addressed many of the recommendations in these reviews. The Interment Industry Scheme was introduced as part of the Cemeteries and Crematoria Regulation 2022. The scheme established licencing conditions for cemetery and crematoria operators in the areas of consumer contracts, pricing transparency, customer service, cemetery maintenance, reporting, and religious, cultural and spiritual principles.
In 2024 CCNSW conducted a targeted review of the Act, focusing on modernising and streamlining certain elements to make it easier for the interment industry to deliver outcomes for customers and the community.
A Review of the Cemeteries and Crematoria Act 2013 – discussion paper (PDF, 3.2 MB) on proposed reform priorities and related amendments to the Act was released to operators for industry consideration.
This review led to the changes contained in the recent amendments to the Act, as per the Cemeteries and Crematoria Amendment Bill 2025.
Resources
- Reasonable Notification Guidelines (PDF, 182 KB)
- Fact sheet – Memorial maintenance and installation (PDF, 134 KB)
- Fact sheet – Multiple interment rights (PDF 108 KB)
- The Cemeteries and Crematoria Act 2013 is changing (PDF, 172 KB)
- Review of the Cemeteries and Crematoria Act 2013 – discussion paper (PDF, 3.2 MB)
- The 11th Hour – Solving Sydney's Cemetery Crisis (PDF, 24.6 MB)
- Final Report – Review of interment costs and prices – November 2020
- Final Report – Competition costs and pricing in the NSW Funeral Industry – June 2021