New South Wales Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2013 - SECT 53

53 Compensation

(1) If a cemetery operator revokes the perpetual interment right for an interment site the former holder of that interment right is entitled to one or other of the following at the election of the cemetery operator (but no other compensation or entitlement with respect to the revocation)--

(a) to be granted a perpetual interment right for an alternative interment site in the same cemetery (and, if available, in the same general location) as the original interment site,

(b) to be paid by the cemetery operator, by way of compensation, an amount equal to half of the fee payable (as provided by the cemetery operator's current scale of fees) for the granting of a perpetual interment right for an alternative interment site in the same cemetery (and, if available, in the same general location) as the original interment site.

(2) If there is no alternative interment site available, or if there is no applicable scale of fees, the amount of compensation referred to in subsection (1) (b) is to be half of the fee payable for the granting of an interment right under the most recent applicable scale of fees, varied in proportion to any variation in the Consumer Price Index (All Groups Index) for Sydney that has occurred between the date on which that scale was established and the date of revocation of the interment right.

(3) A cemetery operator must ensure that any report on its accounts contains an estimate of its contingent liability with respect to any interment rights it has revoked.

(5) Despite section 58 (Transfer of interment right to a person other than cemetery operator), if the former holder of the revoked interment right is granted an interment right for an alternative interment site, that interment right may not be transferred by the former holder within 5 years after the date on which it was granted.

(6) An application for an entitlement under this section--

(a) must be in the form approved by the Cemeteries Agency, and

(b) must be accompanied by the appropriate fee, and

(c) must be lodged with the cemetery operator within 6 years after the date on which the relevant interment right was revoked.

Note : Pursuant to section 107 (8) the fee referred to in paragraph (b) if set by a Crown cemetery operator is subject to variation or disallowance by the Cemeteries Agency.

(7) A former holder of a revoked interment right may apply to the Cemeteries Agency for a review of any election of the cemetery operator under this section.

(8) The Cemeteries Agency's decision on such a review--

(a) is final, and

(b) is taken to be the decision of the cemetery operator, and

(c) is to be given effect to accordingly.

(9) In this section,
"former holder" of a revoked interment right means the person who held that right immediately before it was revoked.