Interment rights

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 commenced 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, the majority of Part 4 does not apply to those operators who only offer cremations, as there is no interment right involved. The exceptions are Sections 63 and 64 relating to the requirements to record cremations in a cemetery operators' register.

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.

Selling interment rights

• Only licensed cemetery operators can grant interment rights.
• Interment rights can be granted to one person, or two or more persons as joint holders.
• To grant an interment right, 3 documents are required – an application for interment right, a consumer contract and an interment right certificate.
• Funeral directors may act as authorised agents for operators and sell interment rights on their behalf, but must use the operator’s paperwork, including the consumer contract.
• Operators are responsible for ensuring that any funeral directors that sell interment rights and interments on their behalf are compliant with their operator licence conditions. View the downloadable checklist for operators and funeral directors to support you working together effectively.
• If the customer already owns an interment right, for example this is a second interment, these steps are not required and you can proceed to the Conducting an interment section below.
• Operators can refuse to grant an interment right if doing so would create a monopoly or encourage dealing in interment rights.
• Operators cannot grant an interment right to a person if that will result in them holding more than 2 unused interment sites or more than 10 interment sites in total in the cemetery. This can be done with approval from CCNSW – see the section on Selling multiple interment rights below.

Three steps are required

Select the steps to find further information.

Selling multiple interment rights

Cemetery operators can apply to CCNSW for a person to hold rights over more than 2 unused interment sites or more than 10 interment sites in total within a cemetery.

• Read the updated fact sheet on Multiple interment rights (PDF 108 KB) for more details.
• To apply for multiple interment rights, complete the Application form

• The interment right holder's details in the cemetery operator's register must be updated as soon as practicable whenever the operator receives information that they have changed, including any time the holder of the right changes.
• When the holder’s details are updated, a new interment right certificate must be issued.
• There are two key pathways for this:
  • Transferring an interment right, between two living holders or from the holder to the operator.
  • Updating an interment right following the death of the holder.

Transferring interment rights

• An interment right can be transferred between two parties, or from the holder to the operator.
• The current interment right holder must apply to the operator and pay the appropriate fee.
• The operator may approve or deny the transfer.
• Operators can not approve the transfer of an interment right to a person if that will result in them holding more than 2 unused interment sites or more than 10 interment sites in total in the cemetery. This can be done with approval from CCNSW – see the section on Selling multiple interment rights above.
• The transfer does not take effect until the cemetery operator’s register is updated.
• Read Transferring interment rights – Fact sheet (PDF, 92.9 KB) for more details.
• You may wish to use or modify this Example form – Application to transfer an interment right (DOCX, 87 KB).

Updating an interment right after the death of the holder

• Ownership of an interment right can also change after the death of the holder, either through a bequest in their will or via the laws of intestacy.
• The new interment right holder must apply to the operator and confirm their eligibility through relevant documentation.
• This change in holder does not occur until the cemetery operator’s register is updated.
• Read Updating the register following the death of the interment right holder – Fact sheet for operators (PDF, 176 KB) for more details.
• You may wish to use or modify the Example form – Application to update the holder of an interment right (DOCX, 75 KB).

Determining the holder of an interment right in other circumstances

• A person or persons can apply to a cemetery operator for a determination that they are the holder of an interment right.
• This would usually happen when multiple generations have passed since the register was last updated, or if there has been an error or some other dispute relating to the administration of the right.
• Cemetery operators may also make a determination on their own initiative without an application.
• Applicants and cemetery operators both have obligations in making these determinations, as outlined in using the Reasonable Notification Guidelines (PDF, 188 KB).

Religious, cultural and spiritual practices are an important element of cemetery and crematoria operations and this is reflected in regulatory requirements.

Requirements in the Act

Under Section 46 of the Cemeteries and Crematoria Act 2013 an operator must take all reasonable steps to ensure interments are carried out in accordance with the cultural or religious practice applicable to the part of the cemetery in which the interment site is located at the time the interment right is granted.

What ‘all reasonable steps’ means will depend on the circumstances of each individual case. Factors that might be relevant include, but are not limited to:

• the extent to which the operator has attempted to identify parts of the cemetery to which cultural/religious practices apply
• the extent to which the operator has engaged with relevant communities to inform themselves about the practices
• the extent to which the operator has engaged in good faith to attempt to find mutually agreeable solutions to any challenges
• whether there are any practical or physical limitations relating to the practice the likely cost, if any, of carrying out the practice and who is proposing to bear that costa any implications for other cemetery users, faith groups or sections.
• An operator is able to set an additional charge for religious or cultural practices, but any charge must be specified in the consumer contract (as required by licence conditions A.2.3 and A.3.1) and the operator must explain the basis for the charge (as required by licence condition E.1.4 and E.2.4).

Requirements in the licence conditions

Cemetery and crematorium operators must comply with religious and cultural principles (licence conditions E.1), and Aboriginal cultural and spiritual principles (licence conditions E.2).

There is guidance available on Interment Industry Scheme.

Understanding religious and cultural practices

To assist you to build your understanding of religious and cultural requirements in relation to interment services, religious and cultural groups are invited to develop guidelines that CCNSW will publish. These religious and cultural guidelines will be published here as they are received and finalised. These are not mandatory to comply with but may assist operators in developing policies and procedures.

To help you identify religious and cultural leaders that you can consult if required, some key organisations and contact details are listed below. This list is provided as a guide only and is not exhaustive.

Please contact CCNSW by email [email protected], if you want to add your organisation or update your details.