99Cemetery trust may approve or refuse the application

99 Cemetery trust may approve or refuse the application

(1) After considering an application made under section 98, a cemetery trust—

(a) may approve the application; or

(b) may refuse the application if it is satisfied that—

(i) the memorial or place of interment would be unsafe, dangerous or not of a sufficiently permanent nature; or

(ii) the establishment or alteration of the memorial or place of interment would be incompatible with the general nature and standard of surrounding memorials or places of interment or would not be sufficiently in keeping with the nature and character of the public cemetery; or

(iii) the establishment or alteration of the memorial or place of interment would not comply with the model rules or the cemetery trust rules (if any); or

(iv) the establishment or alteration of the memorial or place of interment does not comply with the prescribed requirements; or

(c) may refuse the application for any other reason that the cemetery trust thinks fit.

(2) An approval under this section may be granted subject to—

(a) a condition that the memorial or place of interment be erected or placed in the position determined by the cemetery trust; and

(b) any other terms and conditions which the cemetery trust thinks fit.

(3) A cemetery trust may cancel an approval under this section if the terms and conditions of the approval have not been complied with.

(4) A cemetery trust must make a decision on an application made under section 98—

(a) within 45 days after the receipt of the application, if sufficient information has been provided with the application; or

(b) if the cemetery trust has requested further information because sufficient information was not provided with the application, within 45 days after the cemetery trust has received the further information.