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\[43\].