73Declaration that land is not cemetery

73 Declaration that land is not cemetery

(1)  The regulator may declare, by notice published in the Gazette, that land that contains human remains is not a cemetery for the purposes of this Act.

(2)  A regulator may only make a declaration under subsection (1) in respect of land that contains human remains if, in the opinion of the regulator –

(a) the land –

(i) was, on the commencement of this section, being used for a purpose other than as a cemetery; and

(ii) had been used for that purpose, or another purpose other than as a cemetery, for at least 50 years before the commencement of this section; and

(iii) is being used for a purpose which is not consistent with the use of the land for a cemetery; or

(b) the interment of the human remains in the land was not intended to result in the land being a cemetery for the purposes of this Act.

(3)  Subsection (2)(a)(ii) does not apply in respect of a cemetery if the regulator is satisfied that it is in the interests of the public to make a declaration under subsection (1) even though the land has not been used for another purpose for the period specified in that subparagraph.

(4)  For the purposes of determining under subsection (2)(b) whether an interment was not intended to result in the land being a cemetery, the regulator may take into account any one or more of the following:

(a) the relationship between, and the characteristics of, the deceased persons interred in the land;

(b) whether the land was available for the interment of human remains of any member of the public;

(c) whether the land, or interment, was open for public access generally;

(d) when the last interment occurred in the land;

(e) any other matter that the regulator considers relevant to the determination.

(5)  A declaration under  –