Some information on the laws regarding cremation ashes in New South Wales
If you are dealing with the ashes of a loved one in New South Wales (NSW), the rules can feel a little unclear. Australia, like the UK, takes a generally respectful and practical approach to cremation ashes, but there are legal boundaries around who can collect them and where they may be scattered.
Below is a straightforward guide to what you can – and cannot – do with cremation ashes in NSW.
Who can collect the ashes?
The ashes are released to the person who signed the cremation application (often called the applicant or next of kin). Once that person has taken custody of the ashes, they have several options:
Bury them in a cemetery or memorial garden
Place them in a columbarium niche
Keep them at home in an urn or suitable container
Scatter them in a meaningful location
This mirrors the approach in the UK, where the ashes are considered the responsibility of the applicant rather than the funeral director or crematorium.
👉 If you’re unsure what kind of urn or container is appropriate, our guide to choosing an urn for ashes may help you make a thoughtful decision.
Where can ashes be scattered in NSW?
Ashes may be scattered:
On private land
At the beach or along a river
In public parks
At sea
At a place that was significant to the deceased and their family
However – and this is the important part – permission is usually required.
Do you need permission to scatter cremation ashes?
Yes. Similar to the UK, you must obtain consent from:
The owner of private land
The Trust responsible for parks and reserves
The local council for beaches, playing fields and public spaces
Authorities can also place conditions on scattering, such as:
The time of day
The exact location
The method used
The main reasons given for restrictions are that scattering could:
Contravene the Clean Air Act
Be considered a form of water pollution
In practice, most councils take a compassionate view, especially when families act discreetly and respectfully.
👉 For ideas on gentle and environmentally considerate ways to scatter, see our article on eco-friendly ash scattering.
What about scattering at sea?
Scattering at sea is permitted and is a popular choice in Australia.
You should:
Obtain permission from the captain of the vessel
Avoid placing any non-biodegradable urn or container into the water
Ensure flowers or tributes are natural and degradable
No special government permit is usually required, but maritime rules must be followed.
Further guidance can be found via the Australian Maritime Safety Authority (AMSA).
What happens if ashes are scattered without permission?
Disposing of ashes without the relevant consent can technically lead to legal proceedings. The legislation is rarely used in a heavy-handed way, but councils and landowners do have the right to act if:
Ashes are scattered in inappropriate places
Large public ceremonies take place without approval
Environmental harm is caused
Most difficulties arise when families are unaware of the rules rather than deliberately ignoring them.
Practical tips for families
Always ask first – a quick email to the council usually resolves things
Choose discreet locations away from busy areas
Use biodegradable urns for water or beach scattering
Keep a small portion of ashes if you plan a second memorial later
Many families also choose to record the location for future generations. The Ashes Register offers a simple way to preserve that memory without relying on word of mouth.
👉 You can read more about how families are using the Ashes Register to avoid lost memorials.
Need more help?
If you’re planning to scatter ashes in NSW and would like advice on suitable urns, water-scattering sets or keepsakes, we’re always happy to help guide you through the options in a calm, practical way.
For official information visit:
Australian Maritime Safety Authority – www.amsa.gov.au