Cemeteries and Crematoria Act 2020

This section applies—

to the licensee of a cemetery if—

a right to burial certificate has been given in relation to the cemetery; and

a right under the certificate has not been exercised; and

58 years have passed since the certificate was given; and

to the licensee of a facility if—

a right to interment certificate has been given in relation to the facility; and

a right under the certificate has not been exercised; and

58 years have passed since the certificate was given.

The licensee must take all reasonable steps—

to contact the right holder and tell them the right will end in 2 years (the notice period); and

if the licensee becomes aware that the right holder is deceased—to contact a descendant of the right holder to tell them that the right will end at the end of the notice period.

If the licensee takes the steps mentioned in subsection (2) but is unable to contact the right holder or their descendant 4 weeks before the end of the notice period, the licensee must give public notice that the right will be revoked at the end of the notice period.

If the licensee gives public notice in accordance with subsection (3), and the licensee is not contacted by the right holder or a descendant of the right holder, the licensee may revoke the right at the end of the notice period.

If, within the notice period, the right holder or a descendant of the right holder contacts the licensee about the right, the right holder or descendant may—

retain the right for the remaining period of the term of the right; or

forfeit the right to the licensee for half the fee for an equivalent right until the forfeiture occurs.

If the licensee revokes the right in accordance with subsection (4) and the right holder or a descendant of the right holder applies to the licensee to exercise the right after it has been revoked, the licensee must give the right holder or descendant—

an equivalent right at the cemetery or facility; or

half the fee for the equivalent right at the time the right holder or descendant makes the application to exercise the right.

In this section:

for a right to burial—

the person who was given the right under section 8; or

if the right has been transferred to another person under section 10—the person to whom the right to burial was transferred; and

for a right to interment—

the person who was given the right under section 9; or

if the right has been transferred to another person under section 10—the person to whom the right was transferred.