95Application to exhume remains

#### 95 Application to exhume remains 95 Application to exhume remains > > (1) An application for the approval of the Secretary to exhume the remains of the body of a dead person may be made by— > > > > > (a) an executor of the estate of the dead person, or > > > > > (b) the nearest surviving relative of the dead person, or > > > > > (c) if there is no executor or relative available to make the application—a person who, in the opinion of the Secretary, is a proper person in all the circumstances to make the application. > > > (2) An application must be made in the approved form and be accompanied by— > > > > > (a) a certified copy of the death certificate issued under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062), and > > > > > (b) a statutory declaration as to the relationship of the applicant to the dead person and the dead person’s wishes, if any, regarding the disposal of the dead person’s body, so far as the wishes are known to the applicant, and > > > > > (c) the application fee specified in Schedule 5. > > > (3) Despite subsection (2), the Secretary may dispense with the requirement for an application to be accompanied by a certified copy of the death certificate issued under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) if the Secretary— > > > > > (a) is satisfied that it is not reasonably practicable to obtain the death certificate in the circumstances, and > > > > > (b) consults the State Coroner about the application.