27Certificate of exclusive right of burial

27 Certificate of exclusive right of burial

(1)  Within 30 days after granting an exclusive right of burial under section 41 of the Act, the cemetery manager must issue, in accordance with subregulation (2) , a certificate of exclusive right of burial to the holder of the right.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A certificate of exclusive right of burial is to –

(a) identify the holder of the exclusive right of burial; and

(b) identify the person, persons, or class of persons, entitled to be buried under that exclusive right of burial; and

(c) either –

(i) identify, by number or other identifier, the plot, or the portion of the cemetery, where the human remains are to be interred under the exclusive right of burial; or

(ii) specify how the plot, or the portion of the cemetery, where the human remains are to be interred under the exclusive right of burial, is to be determined; and

(d) specify whether the exclusive right of burial has been granted in fee or for a term of 25 years; and

(e) specify whether the exclusive right of burial may be renewed, cancelled or transferred; and

(f) specify the conditions to which the renewal, cancellation or transfer of the exclusive right of burial, if allowed, is subject.

(3)  A certificate of exclusive right of burial may include other terms as agreed between the cemetery manager and the holder of the exclusive right of burial.

(4)  A cemetery manager must keep a copy of a certificate of exclusive right of burial issued under this regulation –

(a) until the certificate has expired; or

(b) for a period of 5 years after all persons entitled to be buried under the exclusive right of burial have been buried.

Penalty:  Fine not exceeding 20 penalty units.