43CGrant or refusal of renewal exemptions

43C Grant or refusal of renewal exemptions

43C Grant or refusal of renewal exemptions

(1) A cemetery operator may apply to the Minister for a renewal exemption.

(2) The application must comply with the requirements prescribed by the regulations, if any.

(3) The Minister may, on application—

(a) grant the renewal exemption in accordance with the regulations, if any, or

(b) refuse to grant the renewal exemption.

(4) The Minister may require the cemetery operator to provide further information about the application before making a decision.

(5) The Minister must not grant an exemption unless the Minister—

(a) is satisfied the exemption is in the public interest and consistent with one or more objects of the Act, or

(b) is otherwise permitted by the regulations.

(6) In deciding whether to grant or refuse an application for a proposed renewal exemption specifying a renewal works area in part of a cemetery allocated for use by a religious or cultural group, the Minister—

(a) must consider submissions made, if any, by the religious or cultural group in relation to the proposed renewal exemption, and

(b) may refuse to grant the renewal exemption if the exemption would result in that part of the cemetery operating in a way inconsistent with the cultural or religious practices of the group.

(7) The Minister may grant the exemption, subject to the regulations—

(a) for a specified term, and

(b) with or without conditions.

s 43C: Ins 2025 No 32, Sch 1[14].