CEMETERIES AND CREMATORIA ACT 2013 - As at 30 October 2023 - Act 105 of 2013
- As at 30 October 2023 - Act 105 of 2013Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects of Act
- 4 Interpretation
- 5 Relationship of Act and Crown Land Management Act 2016 and other legislation
PART 2 - ADMINISTRATION
Division 1 - Constitution and management of Cemeteries Agency
- 6 Constitution of Cemeteries and Crematoria NSW
- 7 Status of Cemeteries Agency
- 8 Control and management of Cemeteries Agency
- 9 Ministerial control of Cemeteries Agency
- 10 Staff of Cemeteries Agency
- 11 Delegation of functions
Division 2 - Functions of Cemeteries Agency
Subdivision 1 - Principal functions- 12 Functions--generally
- 13 Other functions Subdivision 2 - Ancillary functions
- 14 Reserve power to acquire land in the public interest
- 15 Arrangements with other persons and bodies
Division 3 - The Board
Subdivision 1 - Constitution of Board- 16 Board of the Cemeteries Agency Subdivision 2 - Duties and liabilities of Board members
- 17 Interpretation
- 18 Care and diligence--civil obligation only
- 19 Disclosure of material personal interest--civil obligations
- 20 Use of position--civil obligations
- 21 Use of information--civil obligations
Division 4 - Finance
- 22 The Cemeteries Agency Fund
- 23 Investment of money in Cemeteries Agency Fund
- 24 Interment service levies
- 25 Payment of penalties and fines into the Cemeteries Agency Fund
PART 3 - REGULATION OF INTERMENT INDUSTRY
Division 1 - Preliminary
- 26 Definitions
- 27 Cemeteries and Crematoria Register
Division 2 - Codes of practice
Division 3 - Interment industry schemes
- 31 Regulations relating to establishment of interment industry schemes
- 32 Consultation to be undertaken on regulations establishing interment industry schemes
Division 4 - Improvement notices
- 33 Issue of improvement notice by Cemeteries Agency
- 34 Failure to end contravention--civil obligation
- 35 Cemeteries Agency may take action to remedy consequences of contravention
Division 5 - Short term orders
- 36 Making of short term orders
- 37 Duration of short term orders
- 38 Compliance with short terms orders--civil obligation
Division 6 - Enforceable undertakings
- 39 Undertakings relating to contraventions of Act, regulations and interment industry scheme
- 40 Enforcement of undertakings
Division 7 - Management of cemetery operators
- 41 Performance reporting by cemetery and crematorium operators--civil obligations
- 42 Records--civil obligation
- 43 Reports by cemetery and crematorium operators--civil obligations
PART 4 - INTERMENT RIGHTS
Division 1 - Preliminary
Division 2 - Interment rights
Subdivision 1 - Preliminary- 45 Application of Division Subdivision 2 - Interment rights generally
- 46 Nature of interment right
- 47 Types of interment right
- 48 Duration of interment right
- 49 Interment rights may be bequeathed
- 50 Rules of intestacy to apply to interment rights not bequeathed
- 51 Interment right to pass to surviving joint holder
- 52 Revocation of perpetual interment rights
- 53 Compensation Subdivision 3 - Renewable interment rights
- 54 Grant and renewal of renewable interment rights
- 55 Re-use of interment sites and removal of memorials Subdivision 4 - Grant and transfer of interment rights generally
- 56 Grant of interment right
- 57 Content of interment right
- 58 Transfer of interment right to person other than a cemetery operator
- 59 Transfer of interment right to cemetery operator
- 60 Grant or transfer of interment right may be refused
- 61 Cemetery operator may determine holder of interment right
- 62 Interment right not required for scattering of cremated remains Subdivision 5 - Miscellaneous
- 63 Register of interment rights, memorials, cremations and interments
- 64 Keeping of register and documents
- 65 Certificates for interment rights
- 66 Exhumations
- 67 Order for interment
- 68 Hours of burial
- 69 Heritage advisory committee
Division 3 - Offence
- 70 Offence relating to conduct in cemeteries
PART 5 - OPERATION OF CROWN CEMETERIES AND CREMATORIA
Division 1 - Preliminary
Division 2 - Crown cemetery operators
Subdivision 1 - Appointment of Crown cemetery operators- 73 Cemeteries Agency may make recommendations about appointments of operators
- 74 Special provisions for Crown cemetery operators that are statutory land managers
- 75 Delegation of functions by Crown cemetery operators 76-80. (Repealed) Subdivision 2 - Conduct of operator members
- 80A Application of Subdivision
- 81 Interpretation
- 82 Care and diligence--civil obligation only
- 83 Use of position--civil obligations
- 84 Use of information--civil obligations
- 85 Notification of significant events
- 86 Codes of conduct
- 87 Disclosure of material personal interest by members of trust board--civil obligations
- 88 Invitations for tenders
- 89 Liability of operator board, members and other persons Subdivision 3 - Strategic plans
- 90 Strategic plans
- 91 Guidelines for strategic plans
- 92 Amendment, replacement or revocation of strategic plan Subdivision 4 - Plans of management
- 93 Preparation of draft plan of management
- 94 Guidelines for draft plans of management
- 95 Referral and exhibition of draft plans
- 96 Adoption of plan of management
- 97 Alteration or cancellation of plan
- 98 Plan of management for submerged land
- 98A Saving of certain plans of management Subdivision 5 - Financial management, audits and reports
- 99 Annual report
- 100 Nature of report of operations
- 101 Additional information--civil obligation
- 102 Inspection etc of Crown cemetery operator Subdivision 6 - Committees
- 103 Establishment and functions of committees
- 104 Membership and procedure of committees
- 105 Committee guidelines Subdivision 7 - Miscellaneous
- 106 Planning, conduct and maintenance
- 107 Fees and charges
PART 6 - LEGAL PROCEEDINGS AND OTHER MATTERS
Division 1 - Proceedings for offences
- 108 Nature of proceedings for offences
- 109 Persons who may commence proceedings
- 110 Time for commencing proceedings
- 111 Penalty notices
Division 2 - Civil penalty provisions
- 112 Definitions
- 113 When a provision is a civil penalty provision
- 114 Proceedings for contravention of civil penalty provision
- 115 Contravening a civil penalty provision is not an offence
- 116 Persons involved in contravening a civil penalty provision
- 117 Civil proceedings after criminal proceedings
- 118 Criminal proceedings during civil proceedings
- 119 Criminal proceedings after civil proceedings
- 120 Recovery of pecuniary penalty
- 121 Proceedings may be brought by Cemeteries Agency or authorised officer
- 122 Evidence given in proceedings for pecuniary penalty order not admissible in criminal proceedings
Division 3 - Civil infringement notices
PART 7 - INVESTIGATION AND ENFORCEMENT POWERS
Division 1 - Appointment of authorised officers
Division 2 - Powers of authorised officers
- 128 Interpretation
- 129 Purposes for which powers under Division may be exercised
- 130 Power to enter premises
- 131 Search warrants
- 132 Powers of authorised officers
- 133 Power to detain and search vehicles
- 134 Requirement to provide information and records
- 135 Requirement to state name and address
- 136 Provisions relating to requirements to provide documents or information or answer questions
Division 3 - Offences in relation to authorised officers
PART 8 - MISCELLANEOUS
- 139 Service of documents
- 140 Exchange of information
- 141 Personal liability
- 142 Regulations 143. (Repealed)
- 144 Review of Act
- 145 Investigation and report by IPART
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3
- SCHEDULE 4
- SCHEDULE 5 Schedule 6 (Repealed)
- Dictionary