Understanding interment rights

What is an Interment Right?

An interment right is a legal agreement between you and a cemetery operator. It gives the holder the exclusive right to a specific burial place or place for cremated ashes including in the earth, mausoleums, crypts, vaults and niche walls. It does not include any rights or title in the land.

The interment right holder is the person recorded in the cemetery register as the right holder. This person is able to authorise actions relating to that right including:

• the interment of remains
• the erection and maintenance of memorials
• any removal or disturbance of remains in the site.

The interment right may be held individually or held jointly with other right holders.

A person becomes an interment right holder if:

• they apply to a cemetery operator in the approved form and pay the fee, and the operator decides to grant the right; or
• the right is transferred to them, and the cemetery register is amended to indicate that they are the new right holder.

You can find out more about interment rights in NSW by visiting the Cemeteries & Crematoria NSW website.

You'll find resources including a fact sheet and General Consumer Guide in English and other languages. General information about planning for burial and cremation is also available.