A sector in transition and sharp regulatory focus
The cemeteries sector in New South Wales is undergoing a period of significant legal and operational change. For cemetery operators, the convergence of capacity pressures, legislative reform and a shift in regulatory priorities create both risk and opportunity.
The industry regulator, Cemeteries & Crematoria NSW, in its latest information statement, made it clear that it has shifted focus from educational support to compliance and enforcement of legislative requirements and licence conditions, and plans to increase operator compliance over the next two years.[1] Onsite compliance audits are becoming more common, as are complaints actioned by Cemeteries & Crematoria NSW.[2]
Operators who understand these changes will be best placed to adapt.
Capacity pressure an operational reality
One of the most pressing challenges facing the sector is the growing shortage of burial space across NSW. Parts of metropolitan Sydney are approaching critical capacity, particularly for communities requiring traditional in-ground burial. This is no longer a long-term planning issue; in many locations it is becoming an immediate operational constraint. Cemetery operators are increasingly required to make complex decisions about land use, interment rights and the activation of unused space.
Increased scrutiny
At the same time, the Cemeteries and Crematoria Act 2013 (NSW) has undergone significant reform through the 2025 amendments.[3] These changes provide greater regulatory powers to Cemeteries & Crematoria NSW and strengthen record-keeping standards. They also enhance protections for religious and cultural burial practices and seek to simplify the process by which interment right holders can be recognised.
For operators, the practical implications are substantial. There is heightened scrutiny on record-keeping, decision-making processes and compliance with statutory obligations, particularly in relation to the sale and transfer of interment rights. The reforms increase legal and reputational risks where governance frameworks and policies are not robust.
Perpetual care: preparing for the next wave of reform
Looking ahead, a proposed perpetual care framework is currently under consultation and signals a further shift in regulatory expectations.[4] These reforms are expected to impose more structured obligations around the funding, management and reporting of perpetual maintenance. For many operators, this raises challenges around financial provisioning and long-term liability management. Early engagement with these reforms will be critical to avoid future compliance challenges.
Translating regulation into workable operations
Recent case law further underscores the importance of a robust operational framework. Last year, McCullough Robertson acted for Metropolitan Memorial Parks Land Manager in successfully defending urgent Supreme Court of NSW proceedings commenced in relation to a dispute concerning an interment right.[5] This case illustrated the challenges cemetery operators face dealing with faith groups and interpreting religious and cultural requirements, and the importance of robust record keeping and operational practices.
In this environment, cemetery operators require practical guidance on how the Cemeteries and Crematoria Act 2013 (NSW) operates in practice and how it can be translated into workable governance frameworks, policies and procedures.
McCullough Robertson has extensive experience advising cemetery operators, including the operator of Rookwood Cemetery, NSW’s largest cemetery, on precisely these issues. We work at the intersection of law, operations and community expectations to assist operators to develop defensible policies, strengthen governance arrangements and navigate complex legal questions, including around interment rights and related estates law.
Importantly, our focus is not just on interpreting the law, but on helping operators implement it effectively. Whether reviewing governance structures, updating operational policies or acting for cemetery operators in relation to disputes and complaints, we provide practical and commercially grounded advice that is tailored to the realities of this unique sector.
What operators should be doing now
As the regulatory landscape continues to evolve, proactive engagement is essential. Operators who act now to review and strengthen their frameworks will be better positioned to manage risk, respond to the new regulatory environment and maintain community confidence.
We would welcome the opportunity to discuss how these changes may affect your operations and how we can assist.
For more information, contact David Wilton, Nathan Roberts or Simon Robinson to continue the conversation.
[1] Cemeteries & Crematoria NSW Annual Information Statement 2024-25, pages 14, 15.
[2] Cemeteries & Crematoria NSW Annual Information Statement 2024-25, pages 15, 19.
[3] Cemeteries and Crematoria Amendment Act 2025 (NSW).
[4] Perpetual care and the future of cemeteries, Cemeteries & Crematoria NSW (November 2025).
[5] Kollin v Metropolitan Memorial Parks Land Manager [2025] NSWSC 565.