New South Wales Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2013 - SECT 46

46 Nature of interment right

(1) A cemetery operator must--

(a) permit the interment of the remains of the person to whom it relates at the site in a cemetery identified in, or in accordance with, the interment right, and

(b) permit the interment 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, and

(c) permit a memorial to the deceased person to be erected at the site with the approval of the cemetery operator, and

(d) leave the remains undisturbed in perpetuity (or, in the case of a renewable interment right, until such time as the remains may be disturbed or removed in accordance with this Act) unless disturbance or removal at an earlier time is requested or authorised by the holder of the interment right, and

(e) leave any memorial to the deceased person lawfully erected at that site, with the permission of the cemetery operator, undisturbed (provided the interment right remains in force and the memorial is kept in good repair) until such time as the memorial may be disturbed in accordance with this Act unless disturbance at an earlier time is requested or authorised by the holder of the interment right.

(2) A cemetery operator must comply with the requirements of subsection (1) (d) and (e).

Maximum civil penalty: $27,500.

(3) Subject to the regulations, a cemetery operator must ensure that any remains of a person that are disturbed or removed are dealt with in accordance with any cultural or religious practices applicable to the remains.