32Approval of persons as cemetery manager

32 Approval of persons as cemetery manager

(1)  A person must not manage a cemetery unless –

(a) the person has been approved under this section to be the cemetery manager for the cemetery; or

(b) the person is deemed under this Act to be the cemetery manager for the cemetery.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person who proposes to manage a cemetery must apply to the regulator for approval to manage the cemetery.

(3)  An application under subsection (2)  –

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

(b) must be accompanied by –

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

(ii) the relevant prescribed fee, if any.

(4)  The regulator may only approve a person as a cemetery manager under this section if the regulator is satisfied that –

(a) the person is a fit and proper person to be a cemetery manager; and

(b) the person is a body corporate with perpetual succession; and

(c) the person –

(i) owns, or is to own within a reasonable period after the approval of the person as cemetery manager, the land on which the cemetery is located or is to be located; or

(ii) is leasing, or is to lease within a reasonable period after the approval of the person as cemetery manager, from the State, or a council, the land on which the cemetery is located or is to be located.

(5)  Despite subsection (4)(b) , the regulator does not need to be satisfied that a person proposing to manage a cemetery (the applicant) is a body corporate with perpetual succession if –

(a) immediately before the commencement of the Burial and Cremation Amendment Act 2018 , or in accordance with section 56 of the , the cemetery was owned by a natural person; and