Cemeteries and Crematoria Act 2013 (NSW)

Cemeteries and Crematoria Act 2013 No 105

An Act to make provision for and with respect to the management and operation of cemeteries and crematoria; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Cemeteries and Crematoria Act 2013.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to recognise the right of all individuals to a dignified interment and treatment of their remains with dignity and respect, (b) to ensure that the interment practices and beliefs of all religious and cultural groups are respected so that none is disadvantaged and adequate and proper provision is made for all, (c) to ensure that sufficient land is acquired and allocated so that current and future generations have equitable access to interment services, (d) to provide for the operation of a consistent and coherent regime for the governance and regulation of cemeteries and crematoria, (e) to ensure that the operators of cemeteries and crematoria demonstrate satisfactory levels of accountability, transparency and integrity, (f) to ensure that cemeteries and crematoria on Crown land are managed in accordance with the principles of Crown land management specified in section 1.4 of the Crown Land Management Act 2016, (g) to promote environmental sustainability of the interment industry, including provision for natural and private burials, (h) to promote that cost structures for burials and cremations are transparent across all sectors of the interment industry, (i) to promote affordable and accessible interment practices, particularly for those of limited means.

4 Interpretation (1) Expressions used in this Act that are defined in the Dictionary have the meanings set out in the Dictionary. (2) Unless the contrary intention is shown, a reference in this Act to— (a) a cemetery includes a reference to— (i) a crematorium, and (ii) a part of a cemetery or crematorium, and (b) a cemetery operator includes a reference to— (i) a crematorium operator, and (ii) an operator of part of a cemetery or crematorium. (3) An expression that is used in this Act and that is defined in the Crown Land Management Act 2016 (not being an expression that is defined in this Act) has the same meaning in this Act in relation to a Crown cemetery or Crown cemetery operator as it has in that Act in relation to dedicated or reserved Crown land or a person responsible for the care, control and management of dedicated or reserved Crown land, respectively.