72Certain land ceases to be cemetery

72 Certain land ceases to be cemetery

(1)  The whole or any portion of any land forming part of a cemetery –

(a) in which no interments of human remains have taken place; or

(b) from which all human remains have been removed in accordance with this Act –

ceases to be a cemetery and may, subject to this and any other Act, be dealt with in the ordinary course of commerce.

(2)  A person may sell the whole or any portion of land to which subsection (1) applies, even though exclusive rights of burial are held in respect of any portion of, or plots in, that land.

(3)  If a person intends to sell land to which subsection (1) applies and in which a person holds an exclusive right of burial or exclusive right under section 85 , the person must –

(a) before disposing of the land, make all reasonable efforts to notify each holder of such a right of the person’s intention to dispose of the land; and

(b) arrange, without further charge, for each holder of such a right to be granted an exclusive right of burial or exclusive right under section 85  –

(i) in another portion of, or monument in, the cemetery; or

(ii) in another cemetery if so agreed with the cemetery manager of that other cemetery.

(4)  If there is no such agreement, 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.

(5)  The person intending to sell the land must pay the costs of an arbitration under subsection (4) .

(6)  The cemetery manager of land which formed all or a portion of a cemetery must, within 14 days after dealing with the land under this section, notify the regulator in writing of that fact.

Penalty:  Fine not exceeding 20 penalty units.