Cemeteries and Crematoria Act 2020

This section applies if the licensee of a facility intends to disinter cremated remains from an interment site at the facility on the licensee’s own initiative.

The licensee may apply to the regulator for approval of the disinterment of cremated remains from the site.

The application must be in writing and include the following information:

the unique identifying number of the facility;

the unique identifying number of the site from which the cremated remains will be interred;

the name of the deceased person whose cremated remains are interred in the site;

the purpose of disinterring the cremated remains from the site;

anything else prescribed by regulation.

The regulator must—

accept the application; or

refuse the application.

The regulator may refuse to consider the application further if it is not in accordance with subsection (3).

The regulator may approve the disinterment only if satisfied that—

the cremated remains will be dealt with appropriately, with care and are not at risk of being mismanaged or lost; and

the licensee has appropriate practices and procedures to avoid—

misplacing the cremated remains; or

damaging any container or memorialisation relating to the cremated remains; and

the licensee intends—

to relocate the cremated remains to another interment site in the facility; or

to store the cremated remains at the facility; or

to give the cremated remains of the deceased person whose human remains are interred to a person who the licensee is satisfied is a family member of the deceased person and over the age of 16.

If the regulator refuses the application, the regulator must tell the licensee, in writing, the reasons for the refusal.

For what must be included in a statement of reasons, see the Legislation Act, s 179.