04 A renewable interment right has been granted with an initial term of 25 years to enable interment of bodily remains. Initially the right holder authorises the interment of cremated remains.

Cemeteries & Crematoria Association of NSW - News & Updates

04 A renewable interment right has been granted with an initial term of 25 years to enable interment of bodily remains. Initially the right holder authorises the interment of cremated remains.

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By default, does this automatically extend the term to 99 years?

Category: Renewable rights

Interesting facts and FAQs about burial, cremation, funerals and ways to commemorate life.

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We have just had an enquiry asking what the law states as to the width between burials., that allows room for walking between the graves without standing on someone’s grave. I...

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3 years ago

Our Council has had a process where it has been sinking graves over many years. Do you know if it is a standard practice or is it something we should not be doing. Any advice...

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38: If the Interment Right holder cannot be identified or contacted, can cemetery operators remove unsafe or damaged headstones? (1 answer)

4 years ago

If the Interment Right holder cannot be identified or contacted, can cemetery operators remove unsafe or damaged headstones?

The cemetery operator is not obliged to contact an Interment Right holder regarding works concerning unsafe or damaged headstones. Section 43(1)(e) of the Act only requires the...

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37: Is there any limit on the number of cremated remains that may be interred into a grave? (1 answer)

4 years ago

Is there any limit on the number of cremated remains that may be interred into a grave? There is no limit specified under the Act. The real limitation is the number of...

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36: Can a family acquire more than two Interment Rights (e.g. can six family members acquire 12 interment locations)? (1 answer)

4 years ago

Can a family acquire more than two Interment Rights (e.g. can six family members acquire 12 interment locations)?

Yes, the Act limits each person to holding no more than two Interment Rights (either as a single or joint holder) for human remains (whether bodily or cremated remained) in any...

Answer

35: When an Interment Right allows multiple interments, does the Right need to be transferred to the beneficiaries of the first interred before any subsequent burials are authorised? (1 answer)

4 years ago

When an Interment Right allows multiple interments, does the Right need to be transferred to the beneficiaries of the first interred before any subsequent burials are authorised?

If there were joint holders of the Interment Right, subsequent interments can be authorised by the surviving holder. If the interred deceased was the sole holder of the Right,...

Answer

How can I find a question that's been asked? (1 answer)

3 years ago

How can I access the Question & Answer pages find a question that has been asked and perhaps answered?

Go to the Question and Answer page Type your question in the Keywords field to the left of the "Search Titles" caption, Press Enter If the question you asked...

Answer

20 What constitutes exercising a right of interment? (1 answer)

4 years ago

What constitutes exercising a right of interment?

Interring bodily remains or cremated remains within the interment site. [section 46(1)(a)] CEMETERIES AND CREMATORIA ACT 2013 - SECT 46 Nature of interment right 46...

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21 If cremated remains are scattered upon a grave, has the right been exercised? (1 answer)

4 years ago

If cremated remains are scattered upon a grave, has the right been exercised?

No. [section 62] CEMETERIES AND CREMATORIA ACT 2013 - SECT 62 Interment right not required for scattering of cremated remains CEMETERIES AND CREMATORIA ACT 2013 - SECT...

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23 After an exhumation has occurred from a grave, is the holder of the interment right entitled to inter more bodily remains in that grave? (1 answer)

4 years ago

Exhumation After an exhumation has occurred from a grave, is the holder of the interment right entitled to inter more bodily remains in that grave?

There is no authority on this point, and the legislation does not address this possibility, but it would appear not. At law, the right has been exercised; this is not displaced...

Answer

24 Can a burial (site) right vacated after exhumation be resold by the cemetery operator? (1 answer)

4 years ago

The only interment within a perpetual grave has been exhumed. The grave remained empty for 50 years after that perpetual interment right was issued. After following the...

There is no authority on this point, and the legislation does not address this possibility, but it would appear not. The interment right has been issued in perpetuity, and the...

Answer

28 What is required to facilitate additional interments in burial rights in the absence of clear estate or ownership evidence? (1 answer)

4 years ago

Example: Upon the death of his wife in 1970, Mr John Smith purchase interment rights for two adjoining (potentially also double depth) graves. He was later buried in the...

At law, the granddaughter does not have an automatic right to claim the unused interment right. The unused interment right is an asset, and is distributed according to Mr John...

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Standard Width of cemetery plots (3 answers)

2 years ago

Hello, what is the standard width of cemetery plots today? We need to put more beams into a cemetery in the Dubbo Regional Council LGA and would like to know what are the...

AFAIK there is no mandated size for grave plots. As a bit of background, when I first dealt with cemeteries in the early 1980s many local government cemeteries were standardised...

Answer

38: If the Interment Right holder cannot be identified or contacted, can cemetery operators remove unsafe or damaged headstones? (1 answer)

4 years ago

If the Interment Right holder cannot be identified or contacted, can cemetery operators remove unsafe or damaged headstones?

The cemetery operator is not obliged to contact an Interment Right holder regarding works concerning unsafe or damaged headstones. Section 43(1)(e) of the Act only requires the...

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Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No2) 2020 requirments- documenting attendees (2 answers)

2 years ago

Hi all, I am seeking clarity on the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No2) 2020. Ive had a few Funeral Directors come to me with some...

Hi Dominic My interpretation is that the Funeral Director is the occupier of the premises (for the purposes of a funeral) or the person conducting the service (for the purposes...

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Position of coffin in grave (5 answers)

2 years ago

Hello, can you tell me how Council can determine where the coffin is, in the grave?

Answer

34: Can animals be buried or cremated with humans? (1 answer)

4 years ago

Can animals be buried or cremated with humans?

Burial – There is no specific law or regulation concerning this issue. (Of course, a live pet should never be buried, and it would be unlikely that a human and their pet would...

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