Cemeteries and Crematoria Act 2020

A person may apply to the regulator for a licence to operate a facility.

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

the name and contact details of the person;

the name and address of the facility;

whether the facility is a cemetery, a crematorium or both;

the facility plan;

a statement about the knowledge and experience the person has relevant to operating the facility;

a statement about how the person will, when operating the facility—

demonstrate respect for the diversity of people’s religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and

implement financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility;

anything else prescribed by regulation.

It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

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 (2).

The regulator may accept the application only if the regulator is satisfied that—

the person has the appropriate level of knowledge and experience relevant to operating the facility; and

the person will, when operating the facility—

demonstrate respect for the diversity of people’s religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and

implement financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility; and

the person is likely to comply with the requirements of this Act.

The regulator may refuse the application if the regulator believes on reasonable grounds—

that the application contains information that is materially false or misleading; or

the person is not a suitable person to operate the facility.

The regulator may give the licence subject to conditions.

If the regulator accepts the application, the regulator must tell the person, in writing, that the application is accepted and give the person a licence to operate the facility stating—

the name and address of the facility; and

the name and contact details of the licensee; and

the unique identifying number for the facility and the licence; and

any conditions on the licence; and

anything else prescribed by regulation.

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

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