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CEMETERIES AND CREMATORIA ACT 2013 - SECT 14
Reserve power to acquire land in the public interest
14 Reserve power to acquire land in the public interest
(1) The Cemeteries Agency may-- (a) with the consent of the Minister and
subject to such conditions as the Minister thinks fit to impose do either or
both of the following-- (i) acquire land by agreement (not compulsory process)
for the purpose of providing land for cemetery purposes,
(ii) transfer the
land to a Crown cemetery operator or other operator or prospective operator of
a cemetery, or
(b) with the approval of the Minister administering the
Crown Land Management Act 2016 and subject to such conditions as the Minister
thinks fit to impose, require a Crown cemetery operator to acquire land by
agreement (not compulsory process) for the purposes of the Crown cemetery
under its care, control and management.
(2) The power under subsection (1) is
to be exercised only if the Cemeteries Agency considers it necessary or
desirable to acquire the land to ensure equitable access to interment services
by one or more religious or cultural groups or the community generally.
(3)
The power under subsection (1) is to be exercised in relation to a Crown
cemetery trust only if the Cemeteries Agency and the Minister concerned-- (a)
are satisfied that the Crown cemetery trust concerned has sufficient funds
available for the acquisition, and
(b) has taken into consideration the
impact of the land acquisition on the operator, including (without limitation)
the long term financial implications for the care, control and management of
the additional land.
(4) For the purposes of the Public Works and
Procurement Act 1912 , any acquisition of land under subsection (1) (a) is
taken to be an authorised work, and the Cemeteries Agency is, in relation to
that authorised work, taken to be the Constructing Authority.
(5)
Sections 34, 35, 36 and 37 of the Public Works and Procurement Act 1912 do
not apply to or in respect of works constructed on land acquired under this
section.
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