24Interference with distribution of land

24 Interference with distribution of land

(1) In the management of a public cemetery, a cemetery trust must not interfere directly or indirectly with—

(a) the original distribution of lands or hereditaments made or intended to be made by the deed of grant or other conveyance to and amongst the separate and distinct religious denominations and communions; or

(b) the existing distribution of land to particular community or other groups.

(2) Despite subsection (1), a cemetery trust may apply to the Secretary for approval to alter the existing distribution of land which has been allocated to—

(a) a particular religious denomination or communion; or

(b) a particular community or other group.

(3) If a cemetery trust makes an application under subsection (2), the Secretary must not approve any alteration to an existing distribution of land unless the Secretary is satisfied that—

(a) the re-distribution only relates to clearly identifiable parcels of land, not individual places of interment; and

(b) that the land to which the application relates does not contain any existing interments or pre-existing rights of interment; and

S. 24(3)(c) amended by No. 7/2017 s. 298.

(c) any requirements under the Heritage Act 2017 and the Planning and Environment Act 1987 (as the case requires) have been complied with.

(4) The approval of the Secretary under this section must be given in writing.