Burial and Cremation Act 2019

A cemetery manager of a closed cemetery may apply to the regulator to take an action under section 66 or 68 even though fewer than 100 years have passed since the last interment of human remains has taken place in the closed cemetery.

An application under subsection (1) – is to be in an approved form; and must be accompanied by the relevant prescribed fee.

After making an application under subsection (1), the cemetery manager is to – publish a notice in accordance with subsection (5) in respect of the closed cemetery; and on the expiry of the period specified in the notice in accordance with subsection (5)(c)(i), provide a copy of the notice, and any responses to the notice, to the regulator.

For the avoidance of doubt, information provided to the regulator under subsection (3)(b) is part of the application to which the information relates.

A notice to be published under subsection (3)(a) – is to contain the prescribed information; and must clearly identify – the closed cemetery to which it relates; and the action under section 66 or 68 that is intended to be taken in respect of the cemetery; and must – contain a statement that any lineal descendants of a person interred in the closed cemetery may provide the cemetery manager with a response in respect of the intended action; and specify the contact information for the cemetery manager; and specify the period during which any responses may be made.

Before determining an application under subsection (1), 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; whether the intended action may be prejudicial to public health or public safety; any other matter that the regulator considers relevant to determining the application.

Within 60 days after receiving the information specified in subsection (3)(b) in respect of an application under subsection (1), 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.

If the regulator approves an application under subsection (1), the cemetery manager may, subject to any conditions imposed on the approval, take the intended action even though fewer than 100 years have passed since the last interment has taken place in the closed cemetery.

A decision of a regulator, under subsection (7), 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.