64What happens to rights of interment in a closed cemetery?

64 What happens to rights of interment in a closed cemetery?

(1) The holder of an unexercised right of interment at a closed cemetery may request—

(a) a refund based on the cemetery trust fee payable for the same type of right of interment immediately before the closure of the cemetery, less the relevant cemetery trust fee for administration from the cemetery trust which is responsible for managing the closed cemetery; or

(b) the Secretary to direct the cemetery trust which is responsible for managing the closed cemetery to grant the holder a right of interment in another cemetery for which that cemetery trust is responsible either free of charge or at a reduced rate.

(2) A request under subsection (1) must be made in writing.

(3) If the Secretary receives a request under subsection (1)(b), the Secretary, in his or her absolute discretion, may direct a cemetery trust to grant to the person making the request a new right of interment in another cemetery for which that cemetery trust is responsible either free of charge or at a reduced rate.

(4) A cemetery trust must comply with a direction under subsection (3).

S. 64A inserted by No. 61/2009 s. 39.