2. CONTROLLING AUTHORITIES

2.1 OWNERSHIP AND RESPONSIBILITY

In New South Wales cemeteries are owned and controlled by a wide array of institutions. Legal issues, such as public access and responsibility for management, vary depending on the type of cemetery.

2.2 CROWN LANDS CEMETERIES

During the late nineteenth and early twentieth centuries a large number of general cemeteries throughout New South Wales were dedicated as reserves for cemetery purposes. These areas of land were set aside in rural and urban centres and were usually divided into distinct denominational sections. Trustees were appointed, usually including representatives of the relevant denominations, and were charged with the care, control and management of the cemetery. A number of these areas, though dedicated, were never actually used for burials.

2.2.1 GENERAL CEMETERIES

The Department of Land and Water Conservation has responsibility for the administration of the following General Cemeteries:

Botany (Eastern Suburbs Memorial Gardens; includes Bunnerong)

Field of Mars

Frenchs Forest

Lithgow

Liverpool

Northern Suburbs (Macquarie Park)

Rookwood Necropolis

Sandgate (Newcastle)

Woronora

The day to day administration of these cemeteries is undertaken by trustees appointed by the Minister for Land and Water Conservation.

Since 1966, responsibility for the care, control and management of most General Cemeteries outside the Sydney Metropolitan Area vests in local Councils. Where crematoria are included, the Council acts as a board of trustees.

2.2.2 GENERAL CEMETERY RECORDS

Records of burials were initially maintained by appointed trustees. Responsibility for general cemetery records today lies with the local Council, or with trustees in the case of those cemeteries still administered by separate trusts. It is regrettable that complete records for a number of General Cemeteries are not available. In many such cases, however, records are held by family history groups; local libraries, archives or historical societies; the Society of Australian Genealogists; State Archives; or the State Library of NSW.

2.2.3 ACCESS

Public access is freely available to all dedicated General Cemeteries. Where these are located on land enclosed by freehold land, right of way is normally allocated.

2.3 CHURCH CEMETERIES

The majority of rural and urban centres in New South Wales have cemeteries owned and controlled by Church authorities. These cemeteries are usually churchyards either around existing churches or adjacent to the site where such buildings once stood. The administration of these cemeteries is normally the responsibility of the relevant diocese, parish council or equivalents. In many instances an active interest in the maintenance of the cemetery is shown by local parishioners. Cemetery records are normally kept by either the local or regional church office. Access to these cemeteries is usually available but is at the discretion of the church authorities.

2.4 CEMETERIES ON FREEHOLD LAND

Throughout New South Wales a large number of private cemeteries and lone graves are located on freehold land. The owner of this land is in most cases under no obligation to maintain records or provide public access. These graves are, however, still subject to heritage and health regulations (see Sections 3.1 and 3.3).