66Effect of closure of cemetery

66 Effect of closure of cemetery

(1)  As soon as practicable after the closure of a cemetery under this Act, the cemetery manager must forward to the State Archivist all prescribed records relating to the closed cemetery.

Penalty:  Fine not exceeding 50 penalty units.

(2)  On being forwarded under subsection (1) , the records of a cemetery vest in the Crown.

(3)  Subject to section 71 , if at least 100 years have passed since the last interment of human remains has taken place in the closed cemetery, the cemetery manager of a closed cemetery may do one or more of the following in respect of the closed cemetery subject to any relevant condition imposed by the regulator on the cemetery or its closure:

(a) if there is a tombstone showing the name of the person buried there, remove kerbs, railings, shrubs, marble chips and other adornments and cover the area with grass, leaving only the tombstone;

(b) if there is a monument other than a tombstone –

(i) treat the monument as if it were a tombstone and act in accordance with paragraph (a) ; or

(ii) remove the monument and re-erect it in another portion of the cemetery, with or without any kerbs, railings or other adornments, and cover the area with grass, having first set a stone showing who was buried there and where the former monument is to be found.

(4)  Subject to section 71 and any conditions imposed on a closed cemetery or the closure of a cemetery under this Act, if at least 100 years have passed since the last interment has taken place in a closed cemetery, all rights of any person in, or to –

(a) any human remains interred in the cemetery or any grave, monument or vault; and

(b) any grave, monument or vault; and

(c) any prescribed records showing details and locations of interments, graves and monuments –

are vested in the cemetery manager.