What is the law concerning cremation ashes in New South Wales – Australia.
Some information on the laws regarding cremation ashes in New South Wales
Who can collect the ashes?
The person who lodges an application for a cremation can collect the ashes.
Once the applicant picks up the ashes, they can be:
Buried in a cemetery place in a columbarium or similar.
Kept in an urn or suitable receptacle
Scattered on private land, beach, river, public parks and sea or at a
place that was significant to the deceased and families.
Do you need any permission to scatter cremation ashes?
Yes. Similar to the UK you need to get permission from the owners of private land or the Trust of Parks and Reserves, or from local council for parks, beaches and playing fields.
What reasons are given? The scattering of ashes may contravene the provisions of the Clean Air Act, or they may constitute water pollution.
It is also common that relevant authorities may set time and place when these activities can be undertaken and impose other conditions.
What is the risk of doing so without permission?
Disposal of ashes without consent from appropriate authorities may result in legal proceedings to be initiated against the person disposing the ashes. Although what these might be is rather opaque.
Scattering at sea by boat you must get permission from the captain, although no special permits are needed. Don’t put and inappropriate (ie non degradable urn) into the water.
For further information please contact Australian Maritime Safety Authority www.amsa.gov.au