Tasmanian Numbered Acts

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BURIAL AND CREMATION ACT 2019 (NO. 50 OF 2019) - SECT 62

Effect of sale of cemetery
(1)  On transfer of the ownership of all, or any portion, of a cemetery in accordance with a contract to which this Part relates, the person who is the owner of the cemetery after the transfer is the cemetery manager for the cemetery.
(2)  The Recorder, within the meaning of the Land Titles Act 1980 , must not register a transfer, under that Act, involving a cemetery to which this Part applies unless the Recorder is satisfied that –
(a) the sale of the cemetery, to which the transfer relates, was approved under section 54(4) ; and
(b) the person to whom the ownership of the cemetery is to be transferred was approved under section 32 as the cemetery manager for the cemetery.
(3)  For the purposes of subsection (1)  –
(a) evidence that the regulator has approved the person, to whom the ownership of the cemetery is to be transferred, under section 32 as the cemetery manager for the cemetery is evidence that the sale of that cemetery was approved under section 54(4) ; and
(b) the Recorder, within the meaning of the Land Titles Act 1980 , may rely on the notice in writing by the regulator under section 32 (7), approving the person as the cemetery manager for the cemetery, as evidence of the matters referred to in paragraph (a) .


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