Tasmanian Numbered Regulations

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BURIAL AND CREMATION (CEMETERY) REGULATIONS 2005 (S.R. 2005, NO. 55) - REG 4

Certificate of exclusive right of burial
(1)  Within 30 days after granting an exclusive right of burial under section 23 of the Act, the cemetery manager is to issue a certificate of exclusive right of burial to the holder of the right.
(2)  A certificate of exclusive right of burial is to –
(a) identify the holder of the exclusive right of burial; and
(b) identify the person, persons or class of persons entitled to be buried under that exclusive right of burial; and
(c) either –
(i) identify, by number or other identifier, the plot, or the portion of the cemetery, where the human remains are to be interred under the exclusive right of burial; or
(ii) specify how the plot, or the portion of the cemetery, where the human remains are to be interred under the exclusive right of burial is to be determined; and
(d) specify whether the exclusive right of burial has been granted in fee or for a term of 25 years; and
(e) specify whether the exclusive right of burial may be renewed, cancelled or transferred; and
(f) specify the conditions to which the renewal, cancellation or transfer of the exclusive right of burial, if allowed, is subject.
(3)  A certificate of exclusive right of burial may include such other terms as the cemetery manager and holder of the exclusive right of burial agree.
(4)  A cemetery manager must keep a copy of a certificate of exclusive right of burial issued under this regulation –
(a) until the certificate has expired; or
(b) for a period of 5 years after all persons entitled to be buried under the exclusive right of burial have been buried.
Penalty:  Fine not exceeding 5 penalty units.



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