(1)  Subject to section 71 , if at least 100 years have passed since the last interment of human remains has taken place in a closed cemetery, the cemetery manager of the closed cemetery may apply, in writing, to the regulator for approval to take one or more actions specified in section 69 .

(2)  However, a cemetery manager does not have to apply for approval under subsection (1) if the action intended to be taken in the closed cemetery does not have an impact on –

(a) graves, monuments or vaults erected on the land of the closed cemetery; and

(b) human remains which are interred in, or cremated remains which are stored in, the closed cemetery.

(3)  At least 3 months before applying to the regulator under subsection (1) , the cemetery manager –

(a) must publish, in a daily newspaper circulating in the municipal area in which the cemetery is situated, a notice specifying each action specified in section 69 that the cemetery manager intends to take in the closed cemetery; and

(b) is to provide a copy of a notice published under paragraph (a) to the regulator.

(4)  Within 60 days after receiving an application under subsection (1) , the regulator is to –

(a) approve the application subject to any conditions that the regulator thinks fit; or

(b) refuse the application; or

(c) ask the cemetery manager for further information in respect of the application and –

(i) approve the application subject to any conditions that the regulator thinks fit; or

(ii) refuse the application.

(5)  Subject to any conditions imposed under subsection (4) , and to subsection (6) , if the regulator approves an application under subsection (1) , the cemetery manager –

(a) may take the action to which the application relates; and

(b) must comply with section 70 in respect of any human remains in the closed cemetery that may be affected by the taking of the action.

(6)  A cemetery manager must not take any action under subsection (5)(a) in respect of the closed cemetery, or portion of the closed cemetery, that has been lawfully consecrated according to the rites or practices of a religious or cultural group, unless –

(a) the cemetery manager has offered that cemetery, or portion, as a gift to that group; and

(b) the group has not accepted the gift within the 12-month period immediately after the offer of the gift was made to the group.

Penalty:  Fine not exceeding 100 penalty units.