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Cemeteries and Crematoria Act 2013
70DApplications for memorial works approvals
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#### 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—
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> > > (a) works to repair or remediate a memorial or part of a memorial—
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> > > > (i) to restore the memorial, or part of the memorial, to the memorial’s original state, or
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> > > > (ii) that are in keeping with the memorial’s original state,
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> > > (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—
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> > > > (i) not likely to be inconsistent with the holder’s intention for the memorial, or
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> > > > (ii) otherwise not inconsistent with any written instructions, plans or other documents indicating the holder’s intention for the memorial design,
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> > > (c) works to erect a memorial for a burial at an interment site if—
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> > > > (i) there is no existing memorial at the site, and
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> > > > (ii) 5 years have passed since the last interment at the site.
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> > (2) The application—
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> > > (a) must be in the form approved by the cemetery operator, and
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> > > (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
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> > > (c) must be accompanied by the information prescribed by the regulations, if any, and
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> > > (d) must be accompanied by the appropriate fee.
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> > (3) In this section—
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> > memorial—
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> > > (a) means a memorial, or proposed memorial, for an interment site that is the subject of an interment right, and
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> > > (b) does not include a memorial erected unlawfully.
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> **s 70D:** Ins 2025 No 32, Sch 1\[43\].