4DGrant or refusal of application

4D Grant or refusal of application

4D Grant or refusal of application

(1) The Cemeteries Agency may, on application—

(a) grant the application, subject to conditions, or

(b) refuse the application.

(2) The Cemeteries Agency may refuse an application if—

(a) the application is incomplete, or

(b) the application does not comply with a requirement of this Regulation, or

(c) the applicant is not a suitable person to hold the licence, or

(d) the Cemeteries Agency reasonably believes there is a significant risk the applicant will contravene the Act, this Regulation or a condition of the licence.

(2A) The Cemeteries Agency may also refuse an application to remove a cemetery specified in a licence if the Cemeteries Agency reasonably believes that, if the application is granted, there will be a period during which no cemetery operator holds a cemetery licence in relation to the cemetery.

(3) The Cemeteries Agency must give the applicant—

(a) written notice of the decision, and

(b) if the application is refused—the reasons for refusing the application.

(4) If the Cemeteries Agency fails to give an applicant notice of a decision to grant or refuse the application within 60 business days, the Cemeteries Agency is taken to have refused the application.

(5) If the Cemeteries Agency requires further information or documents to be provided by the applicant, the period of 60 days commences on the day on which the information or documents are provided by the applicant.

s 4D: Ins 2022 (605), Sch 1[1]. Am 2024 (245), Sch 1[6].