The NSW government have announced plans to review rentable graves, a proposal which has faced scrutiny after it was introduced in the Cemeteries and Crematoria Act in June.
The law will enable relatives to obtain a short-term lease of 25 years on graves in NSW, with the option of renewing the lease for a maximum of 99 years, if they are unable to buy the rights to a burial site indefinitely.
A year before the rental period expires, cemeteries will contact the relatives paying the lease to confirm whether they wish to continue payment for the plot. If the relatives decline renewal or cannot be contacted, the headstone and remains of the deceased will be removed within two years of the lease’s expiration. Existing graves will not be affected by this law.
By allowing grave sites to be re-used, the proposal offers one example of the reforms introduced to address NSW’s shortage of burial space.
Annual deaths are predicted to double from 2011 rates by the year 2051. Unless there is a change to current grave occupancy and cremation rates, greater Sydney’s cemeteries will not have the capacity to hold the recently deceased.
Labor Politician Mick Veitch is among those who have opposed the proposal, criticising the law for penalising families who are less able to afford a permanent gravesite for their deceased relatives.
Veitch says: “This regulation will lead to two classes of burials: permanent monuments for those who can afford it and those who can't afford it will be forced to see their loved one dug up.”
An inquiry into the law will take place this month and the review is set to be announced in October.
Szabo & Associates, Solicitors can offer expert advice on a wide range of legal matters, including contesting, making or updating a Will and preparing a Power of Attorney. Please call George Szabo on 02 9281 5088 or fill in our online contact form.
By accepting you will be accessing a service provided by a third-party external to https://szabosolicitors.com.au/
For more information or to book a consultation, call us on
02 9281 5088