70DApplications for memorial works approvals

70D Applications for memorial works approvals

70D Applications for memorial works approvals

(1) A cemetery operator may, on application, grant a person a memorial works approval to carry out one or more of the following—

(a) works to repair or remediate a memorial or part of a memorial—

(i) to restore the memorial, or part of the memorial, to the memorial’s original state, or

(ii) that are in keeping with the memorial’s original state,

(b) minor works to, or in relation to, a memorial, including works to inscribe a name, date of birth or death on a memorial, that are—

(i) not likely to be inconsistent with the holder’s intention for the memorial, or

(ii) otherwise not inconsistent with any written instructions, plans or other documents indicating the holder’s intention for the memorial design,

(c) works to erect a memorial for a burial at an interment site if—

(i) there is no existing memorial at the site, and

(ii) 5 years have passed since the last interment at the site.

(2) The application—

(a) must be in the form approved by the cemetery operator, and

(b) must demonstrate, to the satisfaction of the cemetery operator, the holder of the interment right in relation to the works is unavailable to give consent, and

(c) must be accompanied by the information prescribed by the regulations, if any, and

(d) must be accompanied by the appropriate fee.

(3) In this section—

memorial—

(a) means a memorial, or proposed memorial, for an interment site that is the subject of an interment right, and

(b) does not include a memorial erected unlawfully.

s 70D: Ins 2025 No 32, Sch 1[43].