84BApplication for variation or forced surrender of right of interment

84B Application for variation or forced surrender of right of interment

(1) Subject to this Division, an affected person, or a person acting on behalf of an affected person, may apply to the Secretary for—

(a) the variation of a right of interment held by another person; or

(b) the forced surrender of a right of interment held by another person to the cemetery trust that granted it.

(2) An application under subsection (1) must relate to a right of interment held by a person that was granted to the person, or transferred to the person, on or after 1 July 2005.

(3) If more than one person holds a right of interment, an application under subsection (1) may relate to the right of interment held by any one or more of those persons.

(4) An application under subsection (1) need not specify a preference as between the variation of the right of interment to which the application relates and its forced surrender.

(5) If an application under subsection (1) specifies a preference as between the variation of the right of interment to which the application relates and its forced surrender—

(a) the application may also specify that if the Secretary proposes not to decide the application in accordance with that preference, the applicant consents to the Secretary deciding the application as if it had not indicated a preference; or

(b) if the application does not so specify, the person who made the application may change that preference by written notice given to the Secretary before the application is decided.

S. 84C inserted by No. 16/2021 s. 5.