Cemeteries and Crematoria Act 2020

The regulator may approve the licensee of a facility closing the facility to further applications under any 1 or more of the following sections:

section 8 (Right to burial);

unless the deceased person has a right to burial at the time of the application for burial—section 17 (Burial at cemetery—application);

section 9 (Right to interment);

unless the deceased person has a right to interment at the time of application for interment—section 30 (Interment—application).

The licensee of a facility may apply to the regulator to close the facility.

The application must be in writing and contain the following information and documents:

the name and contact details of the licensee;

the unique identifying number of the licence and facility;

a statement about why the licensee wants to close the facility;

an up-to-date map of the facility showing each site in which a right to burial or right to interment has been exercised;

information about the number of sites at the facility at which a right to burial or right to interment has not been exercised;

for each right of burial or right of interment that has been given but not exercised at the facility—

the number and kind of rights given but not exercised; and

a copy of each right to burial certificate or right to interment certificate;

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 the application is not in accordance with subsection (3).

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

either—

the licensee has fulfilled each right to burial or right to interment at the facility; or

the licensee will be able to fulfil each right to burial or right to interment at the facility even if the facility is closed; and

if a right to burial or right to interment has been given but not exercised at the facility and the licensee will not be able to fulfil the right—the licensee has revoked the right under section 12 (Right to burial or interment—notice about end of term and revoking right).

If the regulator accepts the application, the regulator must tell the licensee, in writing, that the closure of the facility is approved and the date of the closure.

The Territory is responsible for the maintenance of a facility after it is closed (see s 112A).

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.