New South Wales Consolidated Acts

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CEMETERIES AND CREMATORIA ACT 2013 - SECT 52

Revocation of perpetual interment rights

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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