86Cemetery trust may remove cremated human remains and memorial

86 Cemetery trust may remove cremated human remains and memorial

(1) Subject to subsections (2) and (3), if a cemetery trust has given notification under section 85 and no action has been taken by the holder of the right of interment within the time limits specified by the cemetery trust, the cemetery trust may—

(a) remove the interred cremated human remains from their current place of interment; and

(b) dispose of those cremated human remains within the cemetery grounds; and

(c) remove any memorial relating to those cremated human remains.

S. 86(2) inserted by No. 4/2015 s. 6(2).

(2) Subject to subsection (3), if a cemetery trust has given notification under section 85 and no action has been taken by the holder of the right of interment within the time limits specified by the cemetery trust, the cemetery trust may—

(a) leave those interred cremated human remains undisturbed; or

(b) convert the right of interment to a perpetual right of interment.

S. 86(3) inserted by No. 4/2015 s. 6(2).

(3) If a cemetery trust has given notification under section 85 and no action has been taken by the holder of the right of interment within the time limits specified by the cemetery trust and the interred cremated remains are those of a deceased identified veteran, the cemetery trust may—

(a) leave those interred cremated human remains undisturbed in perpetuity and convert the right of interment to a perpetual right of interment; or

(b) remove those interred cremated human remains from their current place of interment and re-inter them at another location within the cemetery grounds and—

(i) remove any memorial at the current place of interment; and

(ii) re-establish the memorial at the location of the re-interment or establish a new equivalent memorial at that location.

S. 86(4) inserted by No. 4/2015 s. 6(2).

(4) Subject to subsection (5), if a cemetery trust removes cremated human remains of a deceased identified veteran from a place of interment and re-inters those cremated human remains under subsection (3)(b), the cemetery trust may—

(a) remove from their current place of interment—

(i) any cremated human remains that were interred in the same place of interment as the cremated human remains of the deceased identified veteran; or

(ii) any cremated human remains of a family member of the deceased identified veteran that were interred in a place of interment in the vicinity of the place of interment of the cremated human remains of the deceased identified veteran; and

(b) re-inter those cremated human remains—