(1)  If a person intends to establish a cemetery under this Act, the person must apply to the regulator for approval to establish the cemetery.

(2)  An application to the regulator under subsection (1)  –

(a) is to be in an approved form; and

(b) must be accompanied by –

(i) an application under section 32 for the person intending to establish the cemetery to be approved as the cemetery manager for the cemetery; and

(ii) any other information that the regulator considers relevant to the application; and

(iii) the relevant prescribed fee, if any.

(3)  Before determining an application under subsection (1) , the regulator may consider one or more of the following matters in respect of the application:

(a) the location, and condition, of the land on which the cemetery is proposed to be established;

(b) whether the proposed cemetery may be prejudicial to public health or public safety;

(c) any other matter that the regulator considers relevant to determining the application.

(4)  Within 21 days after receiving an application under subsection (1) , the regulator is to –

(a) approve the establishment of the cemetery subject to any conditions that the regulator thinks fit; or

(b) refuse to approve the establishment of the cemetery; or

(c) request further information from the applicant and, after receiving the requested information –

(i) approve the establishment of the cemetery subject to any conditions that the regulator thinks fit; or

(ii) refuse to approve the establishment of the cemetery.

(5)  Despite subsection (4) , the regulator may only approve an application under that subsection in respect of a proposed cemetery if the person intending to establish the cemetery has been approved under section 32 as the cemetery manager for the proposed cemetery.

(6)  If the regulator has not determined an application under subsection (4) within 60 days after receiving the application, the regulator is to provide the applicant with such information as to the status of the application as the regulator thinks fit.