Burial and Cremation Act 2019

If, for a period of 50 years or more, no interments have taken place in a cemetery or portion of a cemetery and the cemetery manager wishes to close the cemetery or that portion of the cemetery, the cemetery manager is to – cause a notice of intention to close all, or any portion, of the cemetery to be published in accordance with subsection (2); and apply to the regulator in accordance with subsection (4) for approval to close that, or that portion of the, cemetery.

A notice to be published under subsection (1)(a) – is to contain the prescribed information; and must clearly identify, in a prescribed manner, the cemetery or portion of the cemetery that is proposed to be closed by the cemetery manager; and must – contain a statement that any of the following persons may provide that information, or make a submission, to the cemetery manager:a person who has any information in respect of the records of the cemetery that are required to be kept under this Act; the holder of an exclusive right of burial granted in respect of the cemetery; the holder of an exclusive right granted under section 85 in respect of a monument in the cemetery; a person intending to have his or her human remains interred at the cemetery; a person who has entered into an agreement under section 39(3) in respect of a vault, grave or monument in the cemetery; and specify the contact information for the cemetery manager; and specify the period during which information may be provided under subparagraph (i), being a period that is not less than 60 days; and must be published in the prescribed manner at least 60 days, but not more than 365 days, before the cemetery manager applies to the regulator under subsection (1)(b) for approval to close the cemetery or portion.

As soon as practicable after publishing a notice in accordance with subsection (2), the cemetery manager must give the regulator a copy of the notice so published.

An application under subsection (1)(b) for approval to close a cemetery or portion of a cemetery – is to be in an approved form; and must specify – the number of exclusive rights of burial granted in respect of the cemetery that are yet to be fulfilled; and the number of exclusive rights granted under section 85 in respect of a monument in the cemetery that are yet to be fulfilled; and the number of agreements under section 39(3) in force in respect of a vault, grave or monument within the cemetery; and the provisions made in respect of the cemetery, in accordance with section 36, for the purposes specified in that section; and must be accompanied by – a copy of the notice published in accordance with subsection (2) in respect of the proposed closure; and a copy of any information provided, or submission made, in accordance with subsection (2)(c) in respect of the cemetery; and a copy of the records of the cemetery required to be kept under section 34(4); and any other information that the regulator considers relevant to the application; and the relevant prescribed fee, if any.

Before determining an application under subsection (1)(b), the regulator may consider any one or more of the following matters in respect of the application:the cultural and historical value of the cemetery, including whether the cemetery contains graves of persons of historical or cultural significance to the community; any other matter that the regulator considers relevant to determining the application.

Within 60 days after receiving an application under subsection (1)(b), the regulator is to – 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 in respect of the closure and, after receiving the requested information – approve the application subject to any conditions that the regulator thinks fit; or refuse to approve the application.

A decision of the regulator, under subsection (6), to impose a condition on an approval, or to refuse an application, is a reviewable decision for the purposes of the Tasmanian Civil and Administrative Tribunal Act 2020.