52Notification of intention to sell cemetery

52 Notification of intention to sell cemetery

(1)  If a person intends to sell all, or any portion, of a cemetery, the cemetery manager for the cemetery must –

(a) publish, in the prescribed manner, a notice in accordance with subsection (2) in respect of the cemetery manager’s intention to sell the cemetery; and

(b) notify, in writing, each person who holds an exclusive right of burial or exclusive right granted under section 85 in respect of the cemetery, that is yet to be fulfilled, of the cemetery manager’s intention to sell the cemetery; and

(c) apply to the regulator in accordance with section 54 for a certificate of compliance in respect of the proposed sale.

(2)  A notice to be published under subsection (1)(a)  –

(a) is to contain the prescribed information; and

(b) must clearly identify, in a prescribed manner, the cemetery, or portion of the cemetery, that is intended to be sold; and

(c) must –

(i) state that the cemetery manager intends to sell the cemetery, or portion of the cemetery, specified in the notice; and

(ii) state that any person who has any information in respect of the records of the cemetery that are required to be kept under this Act, or any exclusive right of burial or exclusive right under section 85 granted in respect of the cemetery, may provide that information to the cemetery manager; and

(iii) specify the contact information for the cemetery manager; and

(iv) specify the period during which information may be provided under subparagraph (ii) , being a period that is not less than 28 days from the date on which the notice is published.

(3)  As soon as practicable after publishing a notice in accordance with subsection (2) , the cemetery manager must give the regulator a copy of the notice so published.