Schedule 2 Amendment of Crown Lands (General Reserves) By-law 2001
(Section 4)
Insert after clause 31:31A Revocation of exclusive rights of burial
A reserve trust may revoke any exclusive rights of burial it, or any previous reserve trust for the cemetery concerned, has granted if those rights are not exercised within 60 years after they are granted.(1) If a reserve trust revokes the exclusive rights of burial for a burial place, whether granted before or after the commencement of this clause, the former holder of those rights is entitled:(a) to be granted exclusive rights of burial:(i) for an alternative burial place in the same cemetery (and, if available, in the same general location) as the original burial place, and(ii) for an equivalent period to that for which the original exclusive rights of burial were granted, or(b) to be paid by the trust, by way of compensation, an amount equal to half of the fee payable (as provided by the trust’s current scale of fees) for the granting of exclusive rights of burial:(i) for an alternative burial place in the same cemetery (and, if available, in the same general location) as the original burial place, and(ii) for an equivalent period to that for which the original exclusive rights of burial were granted.(2) The reserve trust may elect whether the former holder of the revoked exclusive rights of burial is to be granted an alternative burial place or paid compensation.(3) Despite clause 29, if the former holder of the revoked exclusive rights of burial is granted exclusive rights of burial for an alternative burial place, those rights may not be transferred by the former holder within 5 years after the date on which they were granted.(4) A former holder of revoked exclusive rights of burial may apply to the Minister for a review of any election of the relevant body of trustees under this section.(5) The Minister’s decision on such a review:(a) is final, and(b) is taken to be the decision of the relevant body of trustees, and(c) is to be given effect to accordingly.(6) In this clause, former holder of revoked exclusive rights of burial means the person who held those rights immediately before they were revoked.