13Prerequisites to re-use of interment site

13 Prerequisites to re-use of interment site

13 Prerequisites to re-use of interment site

(1) For the Act, section 55(4)(c), the following requirements are prescribed—

(a) the cemetery operator must—

(i) decide in accordance with the Act, section 61, any application made under the Act, section 61(2) in respect of the interment site, and

(ii) record the details of the decision, including the person to whom the decision relates, in the cemetery operator’s register,

(b) at least 60 days before dealing with the remains of a deceased person under the Act, section 55(4)(a) or (b), the cemetery operator must take steps to give written notice to the person’s next-of-kin of the cemetery operator’s intention to move any remains in accordance with those provisions,

(c) the cemetery operator must record in the cemetery operator’s register the details of any dealings with human remains under the Act, section 55(4)(a) or (b), including—

(i) the identity of the person whose remains are dealt with, and

(ii) either—

(A) a description of any site to which the remains are removed or scattered, or

(B) the name and contact details of any person to whom cremated remains are returned.

Note—

Dealing with human remains under the Act, section 55(4)(a) or (b) is a prescribed event under section 15(b).

(2) The cemetery operator must take the following steps to give the notice—

(a) send the notice by post and email, if an email address has been provided to the cemetery operator for contact purposes, with a request for the intended recipient to acknowledge receipt of the notice,

(b) if the cemetery operator does not receive a response to the notice given in accordance with paragraph (a) within 20 days of the date the notice was delivered—attempt to contact the next-of-kin by telephone and send the notice again by post and email with a request to acknowledge receipt,

(c) if the cemetery operator does not receive a response to the notice given in accordance with paragraph (b) within 20 days of the date the notice was delivered—