Burial and Cremation Act 2013

Subject to this Act, if an interment right expires, the relevant authority may—

re‑use the interment site to which the interment right related; and

remove any memorial to a deceased person erected on or at the site.

A relevant authority must not act under subsection (1) unless—

the relevant authority has given notice of its intention to re‑use the interment site by public advertisement in a newspaper circulating throughout the State; and

the relevant authority has taken reasonable steps to give written notice of its intention to re‑use the interment site to the personal representative of the deceased or 1 or more relatives of the deceased; and

either—

the personal representative or a relative of the deceased has informed the relevant authority that there is no objection on the part of the relatives to the re‑use of the interment site; or

2 years have elapsed from the date on which notice was given under paragraph (b) and the interment right has not been renewed during that period.

The advertisement or notice referred to in subsection (2) must—

set out the rights to renewal of the interment right; and

inform the personal representative or relative of the deceased that if the interment right is not renewed and there is a memorial to the deceased at the interment site, the person who held the interment right immediately before its expiry may reclaim the memorial from the relevant authority; and

inform the personal representative or relative of the deceased of any prescribed matters.