Burial and Cremation Act 2013

If the holder of an interment right has died, the interment right may be exercised or enforced by—

the personal representative of the deceased; or

if there is no personal representative—a person determined in accordance with the regulations.

If an interment right is held by more than 1 person, it may be exercised or enforced jointly or severally.

An interment right may be enforced against the relevant authority for the cemetery or natural burial ground in respect of which the interment right was issued.

The relevant authority for a cemetery or natural burial ground must not fail to comply with its obligations under an interment right issued in respect of the cemetery or natural burial ground.

if the offender is a natural person—$10 000;

if the offender is a body corporate—$20 000.

This section applies to the person or body for the time being responsible for the administration of the cemetery or natural burial ground regardless of when the interment right was issued, and regardless of whether the interment right was issued by that person or body or by some other person or body.

It is not a defence to a charge of an offence against subsection (4) that the defendant was not aware of the existence of the interment right when the defendant assumed the administration of the cemetery or natural burial ground unless the defendant proves that the defendant took reasonable steps to identify interment rights in existence at the time that the defendant assumed the administration of the cemetery or natural burial ground.