Burial and Cremation Act 2019

After publishing a notice under section 52(1)(a) in respect of the proposed sale of all, or any portion, of a cemetery, the cemetery manager for the cemetery must apply to the regulator for a certificate of compliance in respect of the proposed sale.

An application to the regulator under section 52(1)(c) – is to be in an approved form; and must be accompanied by – a copy of the notice published in accordance with section 52(1)(a) in respect of the proposed sale; and a copy of the audit, undertaken in accordance with section 53; and a copy of any information provided under section 52(2)(c) in respect of the cemetery; and any other information that the regulator considers relevant to the application; and the relevant prescribed fee, if any.

Before determining an application under section 52(1)(c), the regulator may consider one or more of the following matters in respect of the application:the location and condition of the cemetery, or portion of the cemetery, proposed to be sold; whether, at the time of the application, the cemetery, the records of the cemetery and the maintenance of the cemetery comply with the requirements of the Act; whether the proposed sale of the cemetery may be prejudicial to public health or public safety; any other matter that the regulator considers relevant to determining the application.

After receiving an application under section 52(1)(c), the regulator may – approve the application subject to any conditions that the regulator thinks fit; or refuse to approve the application; or request further information from the relevant cemetery manager and, after receiving the requested information – approve the application subject to any conditions that the regulator thinks fit; or refuse to approve the application.

If the regulator has not determined an application of a cemetery manager under section 52(1)(c) within 60 days after receiving the application, the regulator is to provide the cemetery manager with such information as to the status of the application as the regulator thinks fit.