Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SECT 89

Cemetery trust may approve or refuse application

89. Cemetery trust may approve or refuse application



(1) On receiving an application under section 88, a cemetery trust, in
accordance with this section, may-

   (a)  approve the carrying out of a lift and re-position procedure; or

   (b)  refuse to approve the carrying out of a lift and re-position
        procedure.

(2) A cemetery trust must not approve the carrying out of a lift and
re-position procedure if it considers that the lift and re-position procedure
would be inappropriate for any of the following reasons-

   (a)  in the case of an interment in the ground, the nature of the soil
        prevents or hinders the carrying out of a lift and re-position
        procedure; or

   (b)  a lift and re-position procedure would be impractical or impossible
        because the place of interment cannot be sufficiently deepened; or

   (c)  the physical state of the human remains in the place of interment; or

   (d)  in the case of a mausoleum, the chamber is not able to accommodate
        additional human remains; or

   (e)  religious, cultural, health or safety considerations.

(3) If the existing human remains interred in a place of interment are bodily
remains, a cemetery trust must not approve the carrying out of a lift and
re-position procedure unless those remains have been interred in that place of
interment for least 10 years.

(4) An approval under this section must be in writing.