65Approval or refusal to approve closure of cemetery

65 Approval or refusal to approve closure of cemetery

(1)  If the regulator approves an application under section 64(6) , the regulator is to notify the cemetery manager in writing of –

(a) the approval; and

(b) any conditions to which the approval is subject; and

(c) any other prescribed matter.

(2)  On receipt of a notification under subsection (1) , the cemetery manager –

(a) must notify, in the prescribed manner, any holder of an exclusive right of burial, or exclusive right under section 85 , in respect of the cemetery that the cemetery is to be closed and that the cemetery manager intends to discharge that exclusive right in accordance with section 67 ; and

(b) subject to any conditions specified in the notification, may proceed to close the cemetery and exercise the powers conferred by section 66 in respect of the cemetery.

(3)  If the regulator refuses, under section 64(6) , to approve an application for the closure of a cemetery, the regulator is to notify the cemetery manager in writing of –

(a) the refusal; and

(b) the reasons for that refusal; and

(c) [Section 65 Subsection (3) amended by No. 7 of 2025, s. 49, Applied:01 Jul 2025] the cemetery manager’s right to apply for a review of the decision to refuse the application, in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020 .