83Surrender to cemetery trust of exercised right of interment

83 Surrender to cemetery trust of exercised right of interment

S. 83(1) substituted by No. 16/2021 s. 12(2).

(1) An exercised right of interment may be surrendered to the cemetery trust which granted it—

(a) by the sole holder of the exercised right of interment; or

(b) if the exercised right of interment is held by more than one person, by all of the holders of that right of interment acting jointly.

S. 83(2) substituted by No. 61/2009 s. 41(1).

(2) On the surrender of a right of interment to a cemetery trust under subsection (1)—

S. 83(2)(a) amended by No. 16/2021 s. 12(3).

(a) subject to subsection (2A), the cemetery trust must pay to the holder or holders a refund based on the current cemetery trust fee payable for the same type of right of interment less—

(i) the relevant cemetery trust fee for administration and any maintenance costs; and

(ii) the restoration costs, if any; and

S. 83(2)(b) amended by No. 16/2021 s. 12(4).

(b) the person or persons surrendering the right of interment have no further entitlements or responsibilities under that right of interment.

S. 83(2A) inserted by No. 61/2009 s. 41(1), amended by No. 16/2021 s. 12(5).

(2A) No refund is payable to a person or persons surrendering a right of interment to a cemetery trust under subsection (1) if, at the time of the surrender, human remains are interred at the place of interment to which the surrendered right of interment applied.

(3) If a right of interment is surrendered to a cemetery trust under this section, the cemetery trust may—

(a) remove any memorial on the place of interment to which the surrendered right of interment applied; and

S. 83(3)(b) substituted by No. 61/2009 s. 41(2).

(b) if there are no human remains interred in the place of interment to which the surrendered right of interment applied, grant a right of interment in respect of the place of interment to which the surrendered right of interment applied—

(i) for interring human remains in a public grave; or

(ii) for interring human remains in that place of interment.