60ACemetery operator may determine holder of interment right on own initiative

60A Cemetery operator may determine holder of interment right on own initiative

60A Cemetery operator may determine holder of interment right on own initiative

(1) A cemetery operator may determine a person is a holder of an interment right if the cemetery operator—

(a) is of the opinion the person is the holder or joint holder of the interment right, or

(b) the person would be the holder or joint holder but for another person being incorrectly recorded as the holder on the cemetery operator’s register.

(2) The cemetery operator must not make a determination unless the cemetery operator—

(a) has taken reasonable steps to notify all persons who are holders, or may be eligible to be a holder, of the interment right about the proposed determination in a way consistent with the Reasonable Notification Guidelines, and

(b) for each person notified—has given the person 90 days to make submissions to the cemetery operator about the proposed determination, and

(c) in deciding whether to make the determination, has considered the submissions made by each person notified by the end of the period.

s 60A: Ins 2025 No 32, Sch 1[34].