68Approval required to take certain actions in closed cemeteries

68 Approval required to take certain actions in closed cemeteries

(1)  Subject to section 71 , if at least 100 years have passed since the last interment of human remains has taken place in a closed cemetery, the cemetery manager of the closed cemetery may apply, in writing, to the regulator for approval to take one or more actions specified in section 69 .

(2)  However, a cemetery manager does not have to apply for approval under subsection (1) if the action intended to be taken in the closed cemetery does not have an impact on –

(a) graves, monuments or vaults erected on the land of the closed cemetery; and

(b) human remains which are interred in, or cremated remains which are stored in, the closed cemetery.

(3)  At least 3 months before applying to the regulator under subsection (1) , the cemetery manager –

(a) must publish, in a daily newspaper circulating in the municipal area in which the cemetery is situated, a notice specifying each action specified in section 69 that the cemetery manager intends to take in the closed cemetery; and

(b) is to provide a copy of a notice published under paragraph (a) to the regulator.

(4)  Within 60 days after receiving an application under subsection (1) , the regulator is to –

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

(b) refuse the application; or

(c) ask the cemetery manager for further information in respect of the application and –

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

(ii) refuse the application.

(5)  Subject to any conditions imposed under subsection (4) , and to subsection (6) , if the regulator approves an application under , the cemetery manager –