67Exclusive rights in closed cemetery

67 Exclusive rights in closed cemetery

(1)  If a person holds an exclusive right of burial in respect of a closed cemetery or a portion of a cemetery that is closed, the cemetery manager for the closed cemetery or portion must, with the agreement of the holder of that right –

(a) grant the holder of the right –

(i) an exclusive right of burial in another plot or portion of the cemetery; or

(ii) an exclusive right of burial in another cemetery if so agreed with the manager of that other cemetery; and

(b) move to the plot or portion so agreed any human remains, coffin, vault, monument or other thing in or on the plot or portion in respect of which the original exclusive right of burial was held.

(2)  If a person holds an exclusive right under section 85 in respect of a monument in a closed cemetery or a portion of a cemetery that is closed, the cemetery manager for the closed cemetery or portion must, with the agreement of the holder of that right –

(a) grant the holder of the right –

(i) an exclusive right under section 85 in respect of another monument in the cemetery; or

(ii) an exclusive right under section 85 in respect of a monument in another cemetery if so agreed with the manager of that other cemetery; and

(b) move to the monument so agreed any cremated remains, monument or other thing in or on the monument in respect of which the original exclusive right was held.

(3)  If there is no agreement between the cemetery manager and the holder of an exclusive right as required under subsection (1) or (2) , the matter is to be referred to arbitration under the Commercial Arbitration Act 2011 as if there were a request for the dispute to be referred to arbitration under that Act.

(4)  The cemetery manager must pay the costs of an arbitration under subsection (3) .