44Application to establish new cemeteries

44 Application to establish new cemeteries

(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 , 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 as the cemetery manager for the proposed cemetery.