New South Wales Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2013 - SECT 54

54 Grant and renewal of renewable interment rights

(1) Grant of right for initial term A cemetery operator, on application and payment of the appropriate fee, may grant to one person (or to two or more persons as joint holders) a renewable interment right in relation to a specified interment site in the cemetery--

(a) for the interment of human remains of the person or persons to whom the right relates after they have been cremated (
"cremated remains" )--for an initial term of up to 99 years commencing on the day it is granted, and

(b) for the interment of human remains (other than cremated remains) of the person or persons to whom the right relates--for an initial term of 25 years commencing on the day it is granted.

(2) A renewable interment right must not be granted in a portion of a cemetery consecrated for use by a religious or cultural group that requires perpetual interment.

(3) Renewal of right on application The cemetery operator, on application and payment of the appropriate fee--

(a) must renew an interment right that is due to expire within 12 months for a further consecutive term of at least 5 years that when aggregated with the initial term and any further terms of renewal does not exceed 99 years, and

(b) may, if the application is made on or after an interment of the human remains of a person to whom the right relates, renew that right for a further consecutive term of at least 5 years agreed with the holder of the right that when aggregated with the initial term and any further terms of renewal does not exceed 99 years,

(c) must, if the application is made within 6 months after the day on which an interment of the human remains of a person to whom the right relates occurs, renew that interment right for a further consecutive term of at least 5 years that when aggregated with the initial term and any further terms of renewal does not exceed 99 years.

(4) Notice requirements concerning fees The grant or renewal of a renewable interment right has no effect unless the cemetery operator gives the applicant for the grant or renewal notice of the rights to renew the renewable interment right under subsection (3) (a) and (c) on payment of a fee and the manner in which the fee will be calculated.

(5) A renewable interment right expires if it is not renewed before the end of a term for which it is granted or renewed under this section.

(6) Subject to the regulations, a cemetery operator must, at least 12 months before a renewable interment right granted by the cemetery operator is due to expire, take reasonable steps to give the holder or holders of the renewable interment right and any person shown in the relevant cemetery operator's register as a secondary contact with respect to the holder written notice setting out the entitlement (if any) to apply to renew the right and the fee for doing so.

(7) A person who is the holder of a renewable interment right that has expired, or to whom such a right relates, may apply for a new renewable interment right in relation to the interment site to which the expired renewable interment right relates no later than 2 years after the expiry.

(8) The regulations may--

(a) prescribe a different period of any term of a renewable interment right to a period specified in subsection (1) or (3), and

(b) prescribe the matters which a cemetery operator must disclose to an applicant for a renewable interment right, and

(c) make provision for or with respect to a cooling off period prescribed by the regulations for the taking of effect of an interment right, and

(d) without limiting paragraph (c), provide for the waiver of the cooling off period in circumstances prescribed by the regulations.