89Cemetery trust may approve or refuse application

89 Cemetery trust may approve or refuse application

(1) On receiving an application under section 88, a cemetery trust, in accordance with this section, may—

(a) approve the carrying out of a lift and re‑position procedure; or

(b) refuse to approve the carrying out of a lift and re-position procedure.

(2) A cemetery trust must not approve the carrying out of a lift and re-position procedure if it considers that the lift and re-position procedure would be inappropriate for any of the following reasons—

(a) in the case of an interment in the ground, the nature of the soil prevents or hinders the carrying out of a lift and re-position procedure; or

(b) a lift and re-position procedure would be impractical or impossible because the place of interment cannot be sufficiently deepened; or

(c) the physical state of the human remains in the place of interment; or

(d) in the case of a mausoleum, the chamber is not able to accommodate additional human remains; or

(e) religious, cultural, health or safety considerations.

(3) If the existing human remains interred in a place of interment are bodily remains, a cemetery trust must not approve the carrying out of a lift and re-position procedure unless those remains have been interred in that place of interment for least 10 years.

(4) An approval under this section must be in writing.