Cremation Services

A guide to the process and the places, published by Dotto

Cremation Services · Sheet 4 of 6

Scattering ashes

Scattering ashes at sea does not need a permit under the Commonwealth’s Sea Dumping Act. On land, NSW Health says to get permission from whoever owns or looks after the place: the owner of private land, the trustee of a park or reserve, or the local council for parks, beaches and playing fields.

Six kinds of place, and whose permission each needs
General informationThis page is general information, not legal advice. The permission rules here come mainly from NSW Health’s fact sheet on cremation ashes and apply in NSW; in other states, check with the local council or the authority that manages the place. The sea rule comes from the Australian Government’s burial at sea page.

NSW Health’s advice is to choose the place carefully, because the place may change: access may be restricted in future, undeveloped land may be developed, and once ashes are scattered they cannot be recovered.

The legend of places

  • At sea

    Scattering ashes at sea is not a burial at sea, and does not need a permit under the Environment Protection (Sea Dumping) Act 1981. From a boat, NSW Health says you must get permission from the master of the vessel first, and that vessels can be chartered for the purpose.

    Permission: the master of the vessel.

  • Beaches, rivers and public parks

    NSW Health lists beaches, rivers and public parks among the places ashes can be scattered, and says to get permission from the local council for parks, beaches and playing fields. Councils and other government authorities may set a time and place for scattering and add other conditions. In Brisbane, the council asks families to speak with a council officer about the location and permission.

    Permission: the local council, or the authority that manages the place.

  • Parks and reserves with trustees

    For parks and reserves, NSW Health says the permission comes from the trustee. If a family also hopes to leave a plaque in a NSW national park, that needs written approval from the National Parks and Wildlife Service, which encourages alternatives such as tree plantings and memorial donations.

    Permission: the trustee of the park or reserve.

  • Private land

    Ashes can be scattered on private land with the owner’s consent. Cemeteries & Crematoria NSW puts it as permission for private land that you do not own.

    Permission: the landowner.

  • Your own garden

    Owning the land answers the permission question, but NSW Health raises another worth thinking about: a backyard may one day belong to someone else, if the house is sold.

    Permission: yours, as the owner.

  • A cemetery

    Cemeteries set their own rules for scattering. City of Gold Coast, for example, does not allow ashes to be placed or scattered in its natural burial area.

    Check with: the cemetery, under its own rules.

Looking straight down on a sandy shore, where turquoise water meets a band of white foam and golden sand
Where the water meets the sand, seen from above. Photo by StockSnap on Pixabay

On the day

NSW Health’s practical notes, gathered into one list:

  • Check the weather. Keep the wind from blowing ashes onto people. Breathing in ashes can cause respiratory distress for some people, and can aggravate conditions such as asthma.
  • Loosen the lid first. Loosen the lid of the container before you go, or drill large holes in it, so it is easier to open on the day.
  • Stay low over water. Note the wind direction and scatter close to the water.
  • Keep the container. Never throw the container overboard, because it will float. Empty it into the sea and dispose of it thoughtfully.

Is it safe to handle ashes?

Yes. NSW Health says cremation takes place at such a high temperature that all micro-organisms are destroyed, the ashes are inert, and there is no public health risk in handling them. Approval is not required from a Public Health Unit to scatter ashes.

Before choosing

If the family would like somewhere to return to, scattering and a memorial can sit side by side; memorials and places to remember covers those choices, including plaques for scattered ashes.