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CEMETERIES AND CREMATORIA ACT 2013 - SECT 33
Issue of improvement notice by Cemeteries Agency
(1) The Cemeteries Agency may give the operator of a cemetery a notice under
this subsection (a
"preliminary notice" ) if-- (a) the Cemeteries Agency believes on reasonable
grounds that this Act or the regulations or a provision of an interment
industry scheme have been, or are being, contravened in relation to the
cemetery, and
(b) the contravention is not an offence against this Act or the
regulations.
(2) The preliminary notice must-- (a) state the contravention
and the reasons for the belief, and
(b) invite the operator to make written
representations, within a stated period of not less than 14 days, why the
operator should not be required to end the contravention or remedy the
consequences of the contravention, or both.
(3) If, after considering any
written representations made by the operator within the stated period, the
Cemeteries Agency is satisfied that the operator should be required to end the
contravention or remedy the consequences of the contravention, or both, the
Cemeteries Agency may give the operator a notice under this subsection (an
"improvement notice" ).
(4) The improvement notice-- (a) must require the
operator to end the contravention or remedy the consequences of the
contravention, or both, within a stated time, and
(b) may state the action
the operator must take to comply with the notice, and
(c) if the notice
requires the operator to end the contravention--must state that failure to end
the contravention, without reasonable excuse, within the stated time, is a
contravention of a civil penalty provision, and
(d) if the notice requires
the operator to remedy the consequences of the contravention--must state that,
if the operator fails to remedy the consequences within the stated time, the
Cemeteries Agency may arrange for action to be taken to remedy the
consequences and that the operator will be liable for the cost of taking the
action.
(5) A cemetery operator who is given an improvement notice may appeal
to the Tribunal for a review of the decision to give the notice. Note : An
appeal under this subsection is an external appeal to the Tribunal for the
purposes of the Civil and Administrative Tribunal Act 2013 .
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