54Application for certificate of compliance in respect of proposed sale

54 Application for certificate of compliance in respect of proposed sale

(1)  After publishing a notice under section 52(1)(a) in respect of the proposed sale of all, or any portion, of a cemetery, the cemetery manager for the cemetery must apply to the regulator for a certificate of compliance in respect of the proposed sale.

(2)  An application to the regulator under section 52(1)(c)  –

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

(b) must be accompanied by –

(i) a copy of the notice published in accordance with section 52(1)(a) in respect of the proposed sale; and

(ii) a copy of the audit, undertaken in accordance with section 53 ; and

(iii) a copy of any information provided under section 52(2)(c) in respect of the cemetery; and

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

(v) the relevant prescribed fee, if any.

(3)  Before determining an application under section 52(1)(c) , the regulator may consider one or more of the following matters in respect of the application:

(a) the location and condition of the cemetery, or portion of the cemetery, proposed to be sold;

(b) whether, at the time of the application, the cemetery, the records of the cemetery and the maintenance of the cemetery comply with the requirements of the Act;

(c) whether the proposed sale of the cemetery may be prejudicial to public health or public safety;

(d) any other matter that the regulator considers relevant to determining the application.

(4)  After receiving an application under section 52(1)(c) , the regulator may –

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