Matters to be considered before declaration
17 Matters to be considered before declaration
Before declaring an area of land to be a cemetery, the Minister must take into account any matters prescribed by regulation relating to the declaration of a cemetery.
In addition to subsection (1), before declaring an area of land to be an independent cemetery, the Minister must:
consult with the responsible entity for any public cemetery, community cemetery or local cemetery located within 100 km of the proposed independent cemetery; and
take into account the sustainability of the independent cemetery and each cemetery mentioned in paragraph (a) if the independent cemetery was to be declared.
The Minister must not declare a community cemetery, a local cemetery or an independent cemetery unless the Minister is satisfied that there is one of the following documents:
a lease between the lessor of the land and the prospective responsible entity for the land to be used as a cemetery;
a sublease between the sublessor of the land and the prospective responsible entity for the land to be used as a cemetery;
a licence issued by the licensor of the land to the prospective responsible entity for the land to be used as a cemetery;
a written agreement between each interest holder of the land and the prospective responsible entity for the land to be used as a cemetery;
if an interest holder is the prospective responsible entity –
written consent from each interest holder of the land or if there is only one interest holder, written confirmation from the interest holder, for the land to be used as a cemetery.
Example for subsection (3)(d)
For land subject to native title, an indigenous land use agreement under the Native Title Act
1993 (Cth) that authorises the use of the land as a burial area.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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