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CEMETERIES AND CREMATORIA ACT 2013 - SECT 52
Revocation of perpetual interment rights
(1) A cemetery operator may revoke a perpetual interment right that the
cemetery operator, or any previous cemetery operator for the cemetery
concerned, has granted if the right conferred by the perpetual interment right
is not exercised within 50 years after it is granted.
(2) Before revoking a
perpetual interment right under this section, the cemetery operator must cause
notice of its intention to do so to be sent, by registered post, to the person
(if any) shown in the relevant cemetery operator's register as the holder of
the perpetual interment right.
(3) If no response to the notice under
subsection (2) is received within 28 days after the date on which it is sent,
the cemetery operator is to cause a further notice of the intention to be
sent, by registered post, to each person shown in the relevant
cemetery operator's register as a secondary contact with respect to the
holder.
(4) If no response to the notice under subsection (2) or (3) is
received within 28 days after the date on which it is sent, a second notice of
the cemetery operator's intention is to be given by means of an advertisement,
identifying the interment site and the name of the holder-- (a) displayed in a
prominent position at the crematorium, cemetery or portion of a cemetery
concerned, and
(b) published in the Gazette and in-- (i) a newspaper
circulating throughout the State, or
(ii) a manner approved in writing by the
Minister having regard to the object of bringing notices of that kind to the
attention of the holders of the relevant interment rights or (where holders
have died) any persons entitled to the relevant interment rights as the result
of bequests or intestacy or as surviving joint holders.
(5) If no response to
the second notice is received within 6 months after the date on which it is
advertised, final notice of the cemetery operator's intention is to be sent,
by registered post, to the person (if any) shown in the register as the holder
of the perpetual interment right allowing the holder 28 days from the date of
the final notice within which to enter into negotiations of the kind referred
to in subsection (7).
(6) If the cemetery operator has insufficient
information to properly address the notice referred to in subsection (2) or
(5), the operator is not required to send that notice but may in that case
begin the notification process by means of the notice referred to in
subsection (4) and may take any other notification action the operator
considers appropriate.
(7) At any time before the expiry of the period for
responding to the final notice referred to in subsection (5) (or, in the
circumstances referred to in subsection (6), within 28 days after the last
date on which an advertisement referred to in subsection (4) (b) is published)
the holder of the perpetual interment right concerned may enter into
negotiations with the cemetery operator for-- (a) the sale of the
perpetual interment right, or
(b) the retention of the
perpetual interment right.
(8) Any notice required to be displayed or
published under this section may relate to more than one interment site.
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