Cemeteries and Crematoria Act 2020

A person who has a right to burial at a cemetery or a right to interment at a facility may apply to transfer the right to another person.

The application must—

be made to the licensee—

for a right to burial—of the cemetery; or

for a right to interment—of the facility; and

be in writing and include the following information:

the name and contact details of the person applying to transfer the right (the transferor);

a copy of the right to burial certificate or right to interment certificate for the right;

the name and contact details of the person to whom the right is to be transferred (the transferee) and a statement that the transferee agrees to the right being transferred to them;

anything else prescribed by regulation.

The licensee must—

accept the application; or

refuse the application.

The licensee may refuse to consider the application further if it is not in accordance with subsection (2).

The licensee may accept the application only if satisfied that a right under the right to burial certificate or right to interment certificate has not been exercised.

If the licensee of a facility accepts an application , the licensee must—

attach a written amendment to the right to burial certificate or right to interment certificate stating—

the name and contact details of the transferor; and

the name and contact details of the transferee; and

the period remaining in the term of the right; and

anything else prescribed by regulation; and

tell the transferor, in writing—

that the licensee is transferring the right to the transferee; and

the day of the transfer; and

tell the transferee, in writing, that the right has been transferred to them and give the transferee a copy of—

for a right to burial—the right to burial certificate; and

for a right to interment—the right to interment certificate; and

the written amendment of the certificate mentioned in paragraph (a).