New South Wales Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2013 - SECT 45

45 Application of Division

(1) Except as provided by subsection (2), Subdivision 3 does not apply to or in respect of, or affect, the following--

(a) any burial licence granted under the Crown Lands Act 1989 before the commencement of this section,

(b) any right, licence or other entitlement in the nature of an interment right given by contract or other agreement by the person responsible for the management of the affairs of a cemetery before the commencement of this section.

(2) A burial licence or other entitlement referred to in subsection (1) is taken on the commencement of this section to be an interment right granted under this Division and if the interment right was granted or given--

(a) in perpetuity or without a fixed term--to have been granted or given (on the same terms as it was originally granted or given) as a perpetual interment right, or

(b) for a fixed term--to have been granted or given (on the same terms as it was originally granted or given) for the fixed term, the end of which is taken, for the purposes of this Division, to be the end of the statutory renewal period.

(3) In the application of this Division to a portion of a cemetery, a reference to a cemetery is taken to include a reference to a portion of a cemetery.

(4) This Division does not affect the operation of any regulations under the Public Health Act 2010 relating to cemeteries.