Surrender to cemetery trust of exercised right of interment
83 Surrender to cemetery trust of exercised right of interment
S. 83(1) substituted by No. 16/2021 s. 12(2).
An exercised right of interment may be surrendered to the cemetery trust which granted it—
by the sole holder of the exercised right of interment; or
if the exercised right of interment is held by more than one person, by all of the holders of that right of interment acting jointly.
S. 83(2) substituted by No. 61/2009 s. 41(1).
On the surrender of a right of interment to a cemetery trust under subsection (1)—
S. 83(2)(a) amended by No. 16/2021 s. 12(3).
subject to subsection (2A), the cemetery trust must pay to the holder or holders a refund based on the current cemetery trust fee payable for the same type of right of interment less—
the relevant cemetery trust fee for administration and any maintenance costs; and
the restoration costs, if any; and
S. 83(2)(b) amended by No. 16/2021 s. 12(4).
the person or persons surrendering the right of interment have no further entitlements or responsibilities under that right of interment.
S. 83(2A) inserted by No. 61/2009 s. 41(1), amended by No. 16/2021 s. 12(5).
No refund is payable to a person or persons surrendering a right of interment to a cemetery trust under subsection (1) if, at the time of the surrender, human remains are interred at the place of interment to which the surrendered right of interment applied.
If a right of interment is surrendered to a cemetery trust under this section, the cemetery trust may—
remove any memorial on the place of interment to which the surrendered right of interment applied; and
S. 83(3)(b) substituted by No. 61/2009 s. 41(2).
if there are no human remains interred in the place of interment to which the surrendered right of interment applied, grant a right of interment in respect of the place of interment to which the surrendered right of interment applied—
for interring human remains in a public grave; or
for interring human remains in that place of interment.
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