33Issue of improvement notice by Cemeteries Agency

#### 33 Issue of improvement notice by Cemeteries Agency 33 Issue of improvement notice by Cemeteries Agency > > (1) The Cemeteries Agency may give the operator of a cemetery a notice under this subsection (a preliminary notice) if— > > > > > (a) the Cemeteries Agency believes on reasonable grounds that this Act or the regulations or a provision of an interment industry scheme have been, or are being, contravened in relation to the cemetery, and > > > > > (b) the contravention is not an offence against this Act or the regulations. > > > (2) The preliminary notice must— > > > > > (a) state the contravention and the reasons for the belief, and > > > > > (b) invite the operator to make written representations, within a stated period of not less than 14 days, why the operator should not be required to end the contravention or remedy the consequences of the contravention, or both. > > > (3) If, after considering any written representations made by the operator within the stated period, the Cemeteries Agency is satisfied that the operator should be required to end the contravention or remedy the consequences of the contravention, or both, the Cemeteries Agency may give the operator a notice under this subsection (an improvement notice). > > > (4) The improvement notice— > > > > > (a) must require the operator to end the contravention or remedy the consequences of the contravention, or both, within a stated time, and > > > > > (b) may state the action the operator must take to comply with the notice, and > > > > > (c) if the notice requires the operator to end the contravention—must state that failure to end the contravention, without reasonable excuse, within the stated time, is a contravention of a civil penalty provision, and > > > > > (d) if the notice requires the operator to remedy the consequences of the contravention—must state that, if the operator fails to remedy the consequences within the stated time, the Cemeteries Agency may arrange for action to be taken to remedy the consequences and that the operator will be liable for the cost of taking the action. > > > (5) A cemetery operator who is given an improvement notice may appeal to the Tribunal for a review of the decision to give the notice. > > > > Note. > > > > An appeal under this subsection is an external appeal to the Tribunal for the purposes of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002). > > **s 33:** Am 2013 No 95, Sch 2.19 \[1\].