Cemeteries and Crematoria Act 2013

This Act is the Cemeteries and Crematoria Act 2013.

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

The objects of this Act are as follows—

to recognise the right of all individuals to a dignified interment and treatment of their remains with dignity and respect,

to ensure that the interment and memorialisation 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, including the descendants of those individuals interred,

to ensure that sufficient land is acquired and allocated so that current and future generations have equitable access to interment services,

to provide for the operation of a consistent and coherent regime for the governance and regulation of cemeteries and crematoria,

to ensure that the operators of cemeteries and crematoria demonstrate satisfactory levels of accountability, transparency and integrity,

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,

to promote environmental sustainability of the interment industry, including provision for natural and private burials,

to promote that cost structures for burials and cremations are transparent across all sectors of the interment industry,

to promote affordable and accessible interment practices, particularly for those of limited means.

Expressions used in this Act that are defined in the Dictionary have the meanings set out in the Dictionary.

Unless the contrary intention is shown, a reference in this Act to—

a cemetery includes a reference to—

a crematorium, and

a part of a cemetery or crematorium, and

a cemetery operator includes a reference to—

a crematorium operator, and

an operator of part of a cemetery or crematorium.

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.

Note.

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.

See also section 3.1 (Responsibility for management of Crown land) of the Crown Land Management Act 2016.

Notes included in this Act do not form part of this Act.

Nothing in the Crown Land Management Act 2016 or an instrument made under that Act (including any regulations or plan of management for dedicated or reserved Crown land) prevents or restricts the use of a reserve for anything that is authorised, permitted or required by or under this Act.

If provision is made both by or under the Crown Land Management Act 2016 and this Act in relation to the exercise of functions by, or in respect of, a Crown cemetery operator in the same or substantially the same circumstances the function is not exercisable under the Crown Land Management Act 2016.

In the event of any inconsistency between the provisions of this Act or the regulations and a provision of the Crown Land Management Act 2016 or any other State legislation that is prescribed by the regulations as an inconsistent provision for the purposes of this section, the provisions of this Act or the regulations (as the case may be) prevail to the extent of the inconsistency.

Except as expressly provided by this Act, this Act does not affect the operation of the following or any other Acts, or any regulations made under those Acts, to the extent that they apply to, or in respect of, the operation of cemeteries or crematoria—

Aboriginal Land Rights Act 1983,

Fair Trading Act 1987,

Funeral Funds Act 1979,

Heritage Act 1977,

National Parks and Wildlife Act 1974,

Public Health Act 2010,

Biodiversity Conservation Act 2016.

There is constituted by this Act a body corporate with the corporate name of Cemeteries and Crematoria NSW.

Note.

Section 50 of the Interpretation Act 1987 provides for the powers of a statutory corporation.

The Cemeteries Agency is a NSW Government agency.

(Repealed)

There must be a Chief Executive Officer of the Cemeteries Agency.

The Chief Executive Officer is appointed by the Governor on the recommendation of the Minister.

Schedule 1 contains provisions about the Chief Executive Officer.

All decisions relating to the functions of the Cemeteries Agency are to be made by or under the authority of the Chief Executive Officer.

The Chief Executive Officer is responsible for the day-to-day management of the affairs of the Cemeteries Agency.

Note.

The Cemeteries Agency may delegate certain of its functions to the Chief Executive Officer and other persons. However under section 11 (3) it cannot delegate functions such as the power to issue a short term order.

Any act, matter or thing done in the name of, or on behalf of, the Cemeteries Agency by or under the authority of the Chief Executive Officer is taken to have been done by the Cemeteries Agency.

The Cemeteries Agency is, in the exercise of its functions, subject to the control and direction of the Minister, except in relation to the following—

the contents of any advice, report or recommendation given to the Minister,

decisions whether to grant, suspend or cancel a licence held by a particular person under an interment industry scheme,

decisions whether to carry out investigative, compliance or enforcement activities in a particular case that may involve a contravention of this Act, regulations or interment industry schemes made under this Act, or licences granted under this Act,

decisions whether to institute civil or criminal proceedings in a particular case.

The Minister must—

give the Cemeteries Agency reasonable notice before giving it any direction with respect to the exercise of its functions and provide it with an opportunity to comment on the proposed direction within a time specified by the Minister, and

give the direction in writing.

The Cemeteries Agency is to publish a copy of the direction in the Gazette.

Persons may be employed in the Public Service to enable the Cemeteries Agency to exercise its functions.

The Cemeteries Agency may engage such consultants and independent contractors as it requires to exercise its functions.

The Cemeteries Agency may arrange for one or more police officers to be made available (by way of secondment or otherwise) to perform services for the Cemeteries Agency.

Note.

See section 95A of the Police Act 1990.

The Cemeteries Agency may delegate to an authorised person any of its functions, other than this power of delegation.

A delegate may sub-delegate to an authorised person any function delegated by the Cemeteries Agency if the delegate is authorised in writing to do so by the Cemeteries Agency.

The following powers may not be delegated—

the power under section 14 to acquire land in certain circumstances,

the power under section 36 to make a short term order.

In this section—

authorised person means—

a member of staff of a Government agency, or

a person, or person of a class, prescribed by the regulations.