85Exclusive rights to all or part of monument

85 Exclusive rights to all or part of monument

(1)  A person may apply to a person in charge of a monument for an exclusive right to place cremated remains in the monument or specified portion of the monument.

(2)  A person in charge of a monument may grant an exclusive right in accordance with subsection (1) either with –

(a) an absolute right to the specified monument or specified portion of the monument; or

(b) a right for a term of at least 25 years which may be renewed on such other terms and conditions as may be agreed.

(3)  If a person in charge of a monument grants an exclusive right in accordance with subsection (1) , the person in charge of the monument must provide the applicant with a certificate of exclusive right as prescribed.

Penalty:  Fine not exceeding 20 penalty units.

(4)  If it is impracticable for a person in charge of a monument to place cremated remains in the monument, or portion of the monument, in accordance with an exclusive right, the person must, with the consent of the holder of the right and without further charge, grant to the holder of the right –

(a) an exclusive right in another portion of the same monument; or

(b) an exclusive right in another monument, or portion of the other monument, in another location if so agreed with the person in charge of the other monument.

(5)  If the holder of an exclusive right does not consent, as required under subsection (4) , to a new grant of an exclusive right, 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.

(6)  The person in charge of the monument must pay the costs of an arbitration under subsection (5) .

(7)  A person in charge of a monument must fulfil a valid exclusive right that is in force in respect of the monument unless –

(a) another exclusive right is granted to the holder of the right under ; or