Power of councils to assume administration of cemeteries and natural burial grounds
49 Power of councils to assume administration of cemeteries and natural burial grounds
Subject to this section, a council may assume the administration of a cemetery or natural burial ground within its area if—
there is no existing relevant authority for the cemetery or natural burial ground or the relevant authority; or
the relevant authority for the cemetery or natural burial ground is unknown and is not reasonably ascertainable; or
the relevant authority for the cemetery or natural burial ground agrees to transfer it to the council.
If a council assumes the administration of a cemetery or natural burial ground, it must observe the terms of any trust affecting the administration or use of the cemetery or natural burial ground, except to the extent that the Supreme Court relieves it from the obligation to do so.
A council must not assume the administration of a cemetery or natural burial ground if, under the terms of any trust, the use of the cemetery or natural burial ground is limited to the interment of human remains in accordance with the usages of a particular religion.
The powers of a council under this section extend to closed cemeteries and natural burial grounds and cemeteries that have been converted to public parks or gardens.
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