What is a burial licence?

Please note: The following is derived from the By Law for Crown Land Reserves and its amendments, which applies to the majority of cemeteries in NSW.

When you obtain an entitlement to access a particular plot in a cemetery, you are issued a burial licence. The person named in the licence is known as the holder. The person who applied for the burial licence is known as the applicant. 

  • The holder and applicant for a particular licence can be different persons.
  • The holder of the burial licence may nominate anothe to be buried in the burial place described in the licence.
  • In Crown Land cemeteries, one may not hold more than two burial licences.
  • Two or more  people may be named as joint holders of a burial licence. However, in such cases any decision affecting the exercise of the licence would be inclusive, that is, all joint holders need to consent to the instructions being given
  • When the burial licence has not been exercised, i.e. no one has been buried in space described in the licence, it essentially a reservation in a cemetery.

When a burial or immurment occurs in the burial place described in  the burial license

  • the licence is said to be exercised
  • the burial licence devolves to the estate of the person whose body has been buried or immured under the provision of the licence
  • the applicant for the burial is deemed to represent the estate.
  • If the applicant is no longer available, another person, such as an executor or beneficiary of the estate may represent it.

Wnen more than one person's body is contained in the burial place

  • the burial licence devolves to the estate of the last person whose body has been buried or immured

 

If you require more information please contact your local cemetery, which will be able to advise you about the conditions it places on burial licences. 

 

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