54Grant and renewal of renewable interment rights

54 Grant and renewal of renewable interment rights

54 Grant and renewal of renewable interment rights

(1) Grant of right for initial term A cemetery operator, on application and payment of the appropriate fee, may grant to one person (or to two or more persons as joint holders) a renewable interment right in relation to a specified interment site in the cemetery—

(a) for the interment of human remains of the person or persons to whom the right relates after they have been cremated (cremated remains)—for an initial term of up to 99 years commencing on the day it is granted, and

(b) for the interment of human remains (other than cremated remains) of the person or persons to whom the right relates—for an initial term of 25 years commencing on the day it is granted.

(2) A renewable interment right must not be granted in a portion of a cemetery consecrated for use by a religious or cultural group that requires perpetual interment.

(3) Renewal of right on application The cemetery operator, on application and payment of the appropriate fee—

(a) must renew an interment right that is due to expire within 12 months for a further consecutive term of at least 5 years that when aggregated with the initial term and any further terms of renewal does not exceed 99 years, and

(b) may, if the application is made on or after an interment of the human remains of a person to whom the right relates, renew that right for a further consecutive term of at least 5 years agreed with the holder of the right that when aggregated with the initial term and any further terms of renewal does not exceed 99 years,

(c) must, if the application is made within 6 months after the day on which an interment of the human remains of a person to whom the right relates occurs, renew that interment right for a further consecutive term of at least 5 years that when aggregated with the initial term and any further terms of renewal does not exceed 99 years.

(3A) If an application for the renewal of a renewable interment right jointly held is not made by all holders, the cemetery operator must, before granting the application—

(a) take reasonable steps, in a way consistent with the Reasonable Notification Guidelines, to notify the holders of—

(i) the application for renewal, and