Cemeteries and Crematoria Act 2003

This section applies if—

the Secretary makes a decision under section 84C(2), (3) or (5) to force the surrender of a right of interment held by a person; and

on the date of effect of the decision, there are no human remains interred at the place of interment to which the right of interment applies.

The previous holder of the right of interment has no further entitlements or responsibilities under that right of interment on and after the date of effect of the decision.

On the date of effect of the decision, the cemetery trust responsible for the place of interment—

becomes the sole holder of the right of interment if there are no persons who on that date hold a right of interment in relation to the place of interment; or

becomes a holder of the right of interment jointly with any persons who on that date hold a right of interment in relation to the place of interment.

A cemetery trust that becomes the holder of a right of interment under this section—

may exercise the rights of a holder of a right of interment under this Act with or without the consent of any other holders of the right of interment; and

is not required to perform the obligations of a holder of a right of interment under this Act, including but not limited to obligations under the following—

section 104;

section 106;

a provision prescribed by the regulations.

A cemetery trust that becomes the sole holder of a right of interment under subsection (3)(a) must pay to the previous holder or previous holders of the right of interment 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.

A cemetery trust that becomes the sole holder of a right of interment under subsection (3)(a) may—

remove any memorial on the place of interment; and

grant a right of interment under section 73 in respect of the place of interment—

for interring human remains in a public grave; or

for interring human remains in that place of interment.