45Approval of new cemeteries

45 Approval of new cemeteries

(1)  If the regulator approves an application under section 44(4) , the regulator is to issue to the applicant a written approval to establish the cemetery to which the application relates.

(2)  An approval to establish a cemetery issued under subsection (1) is to –

(a) be in writing; and

(b) specify any conditions imposed in respect of the approval.

(3)  On receipt of an approval to establish a cemetery issued under subsection (1) , the person who was issued the approval may establish the cemetery in accordance with the approval so issued.

(4)  On receipt of an approval to establish a cemetery issued under subsection (1) , the person who was issued the approval must publish, in the prescribed manner, a notice containing the prescribed information in relation to the cemetery so approved.

Penalty:  Fine not exceeding 20 penalty units.

(5)  [Section 45 Subsection (5) amended by No. 7 of 2025, s. 43, Applied:01 Jul 2025] A decision of the regulator, under section 44(4) , to impose a condition on an approval is a reviewable decision for the purposes of the Tasmanian Civil and Administrative Tribunal Act 2020 .

(6)  If –

(a) an approval to establish a cemetery is issued under subsection (1) ; and

(b) no human remains are interred at the cemetery so approved within 2 years after the approval was so issued –

the approval lapses, unless the person who was issued the approval applies to the regulator for an extension of the approval and the regulator grants such an extension.