Cremation ashes

Last updated: 01 June 2006

Crematorium rules

Pacemakers and other such devices must be removed from a body before cremation. The body must be contained in a coffin and must be cremated one body at a time. In fact, it is impossible to fit more than one coffined body into a cremator at one time. The name plate is removed from the coffin which is then loaded into a cremator pre-heated to 750ºC to 900ºC. Cremation takes about one to two hours. The ashes are removed into a metal container and allowed to cool. Once cooled the ashes are loaded into a homogeniser, which uses a metal ball in a rotating drum to reduce the size of the larger particles. The ashes are packed into a plastic container and the name plate attached before storage in a locked room.

Because the body is cremated at such a high temperature all micro-organisms are destroyed. Remaining ashes are inert. There are therefore, no public health risks associated with handling ashes.

Under clause 43 of the Public Health (Disposal of Bodies) Regulation, 2002 the cremation authority (according to the reasonable directions of the applicant or deceased) must either:

• give the ashes to the applicant or
• place the ashes in a burial ground or adjacent dedicated land or
• retain the ashes or
• where the applicant has not claimed the ashes within a reasonable time, the cremation authority, after giving 14 days notice to the applicant, may dispose of the ashes.

What can be done with the ashes?

The person who lodges an application for a cremation, often a relative or the executor of the estate, arranges to pick up the ashes.

Once the applicant collects the ashes, they can be:

• Buried in a cemetery in a small plot or placement in columbarium or niche wall.
• Preserved in a decorative urn and kept at home or some other favourite spot.
• 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 special permission to scatter the ashes?

It is important 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 as scattering of ashes may contravene the provisions of the Clean Air Act, or they may constitute water pollution. Councils and other Government Authorities will set time and place when these activities can be undertaken and can impose other conditions.

Disposal of ashes without consent from appropriate authorities may result in legal proceedings to be initiated against the person disposing the ashes.

Things you need to consider when you scatter the ashes

It is important to carefully choose the place where you scatter the ashes of your loved ones. For example, when the ashes are scattered or placed in parks or public place, access to the area may be restricted for some reason in the future, undeveloped land may be developed, or many other conditions may arise that could make it difficult for you to visit the site to remember the deceased. Even if ashes are scattered in the backyard, what happens if you sell sometime in the future? Once scattered, the ashes cannot be collected.

Scattering at sea by boat

You must get permission from the master of the vessel or boat before scattering the ashes. Vessels can be chartered specifically to scatter ashes. Some precautions should be observed:

• Pre-loosen the lid of the ashes container or pre-drill large holes to make it easier to remove the lid or scatter the ashes when on board.
• Be aware of the wind direction and scatter close to the water
• Never just throw the ashes container overboard as it will float. Always empty the container into the sea.

For more information

For further information about burial and cremation please contact:

• Office of Fair Trading
• NSW Department of Health