70EDetermination of applications for memorial works approvals

70E Determination of applications for memorial works approvals

70E Determination of applications for memorial works approvals

(1) As soon as reasonably practicable after receiving an application for a memorial works approval, a cemetery operator must—

(a) grant the approval, or

(b) refuse to grant the approval.

(2) A memorial works approval may be granted unconditionally or subject to conditions.

(3) Before refusing to grant the approval, the cemetery operator must have—

(a) given written notice to the applicant of the proposed refusal, and

(b) given the applicant a reasonable opportunity to make submissions to the cemetery operator about the proposed refusal, and

(c) in deciding whether to refuse to grant the approval, considered the submissions, if any, made by the applicant.

(4) The cemetery operator must give an applicant reasons for refusing to grant an approval.

(5) A memorial works approval takes effect on the day on which notice of the decision to grant the approval has been given to the applicant.

(6) A cemetery operator must not grant a memorial works approval permitting works that are prohibited by a no works notice.

Maximum civil penalty—$27,500.

(7) The holder of a memorial works approval must not be taken as the holder of an interment right.

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