Div 2Right of Burial

Division 2—Right of Burial 2.2 Issuing Grants The Board may, upon the written application of a person and upon payment of a set fee issue that person with a grant for a term of twenty five (25) years. 2.3 Right of holder (1) Subject to this local law, to the prior approval of the Board and to the terms and conditions (if any) imposed by the Board, a grant confers on the holder, during the term of the grant, an exclusive right— (a) to be buried in a grave specified in the grant; and (b) to carry out monumental works on the gravesite specified in the grant. (2) The Board, in its absolute discretion, may determine from time to time the number of dead bodies or ashes which may be placed in the grave. (3) The Board or an authorised officer may request the holder to produce the grant before the exercise of any of the rights referred to in subclause (1) and the holder shall forthwith comply with that request. (4) If the location stipulated in the grant of right of burial is significantly and adversely affected prior to or at the time of burial by unforeseen conditions the Board may allocate any other gravesite of the grantee’s choosing that is not already subject to a grant. 2.4 Renewal of Grant (1) Where, at any time during the term of a grant, a holder— (a) makes written application; and (b) pays a set fee; (2) the Board must renew the grant for a further term of twenty five (25) years commencing on the expiry date of the grant. (3) The set fee for the issue of a new grant pursuant to this clause shall be determined by the Board from time to time. (4) The Board may request the holder to deliver an existing grant to it prior to issuing a new grant. (5) The holder shall forthwith upon receiving a request by the Board in accordance with sub-rule (3) deliver the existing grant to the Board. 2.5 Replacement of Grant (1) The Board may— (a) upon the written application of a holder; and (b) upon the production of evidence to the satisfaction of the Board, issue a new grant to replace a grant which is lost or destroyed. (2) Notwithstanding subclause (1), the Board may prior to issuing a replacement grant, require the holder to make a statutory declaration in a form determined by the Board. (3) The replacement grant issued by the Board shall be deemed to be the original grant. 2.6 Transfer of Grant A holder who desires to transfer a grant to another person shall make an application to the Board in a form determined by the board and upon receipt of the application the Board may grant permission in accordance with section 26 of the Act. 2.7 Exercising the rights of holder If evidence is produced in writing to the satisfaction of the Board that a holder is unavailable or not immediately ascertainable, or has died and has not specifically bequeathed a grant, then the rights conferred upon that holder may be exercised by a holder’s personal representative or a person acting expressly on behalf of a personal representative. If those persons are unavailable or not immediately ascertainable, the Board may approve any other person.