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Contents (2013 - 105)
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Cemeteries and Crematoria Act 2013 No 105
Current version for 8 January 2019 to date (accessed 21 January 2020 at 01:47)
Part 4 Division 2
Division 2 Interment rights
Subdivision 1 Preliminary
45   Application of Division
(1)  Except as provided by subsection (2), Subdivision 3 does not apply to or in respect of, or affect, the following:
(a)  any burial licence granted under the Crown Lands Act 1989 before the commencement of this section,
(b)  any right, licence or other entitlement in the nature of an interment right given by contract or other agreement by the person responsible for the management of the affairs of a cemetery before the commencement of this section.
(2)  A burial licence or other entitlement referred to in subsection (1) is taken on the commencement of this section to be an interment right granted under this Division and if the interment right was granted or given:
(a)  in perpetuity or without a fixed term—to have been granted or given (on the same terms as it was originally granted or given) as a perpetual interment right, or
(b)  for a fixed term—to have been granted or given (on the same terms as it was originally granted or given) for the fixed term, the end of which is taken, for the purposes of this Division, to be the end of the statutory renewal period.
(3)  In the application of this Division to a portion of a cemetery, a reference to a cemetery is taken to include a reference to a portion of a cemetery.
(4)  This Division does not affect the operation of any regulations under the Public Health Act 2010 relating to cemeteries.
Subdivision 2 Interment rights generally
46   Nature of interment right
(1)  A cemetery operator must:
(a)  permit the interment of the remains of the person to whom it relates at the site in a cemetery identified in, or in accordance with, the interment right, and
(b)  permit the interment in accordance with the cultural or religious practice applicable to the part of the cemetery in which the interment site is located at the time the interment right is granted, and
(c)  permit a memorial to the deceased person to be erected at the site with the approval of the cemetery operator, and
(d)  leave the remains undisturbed in perpetuity (or, in the case of a renewable interment right, until such time as the remains may be disturbed or removed in accordance with this Act) unless disturbance or removal at an earlier time is requested or authorised by the holder of the interment right, and
(e)  leave any memorial to the deceased person lawfully erected at that site, with the permission of the cemetery operator, undisturbed (provided the interment right remains in force and the memorial is kept in good repair) until such time as the memorial may be disturbed in accordance with this Act unless disturbance at an earlier time is requested or authorised by the holder of the interment right.
(2)  A cemetery operator must comply with the requirements of subsection (1) (d) and (e).
Maximum civil penalty: $27,500.
(3)  Subject to the regulations, a cemetery operator must ensure that any remains of a person that are disturbed or removed are dealt with in accordance with any cultural or religious practices applicable to the remains.
47   Types of interment right
The cemetery operator may grant an interment right entitling the person or persons to whom it is granted the exclusive right of interment in a specified interment site:
(a)  in perpetuity (a perpetual interment right), or
(b)  for the period an interment right granted under section 54 remains in force (a renewable interment right).
48   Duration of interment right
An interment right remains in force:
(a)  if it is a perpetual interment right—in perpetuity, and
(b)  if it is a renewable interment right—until the end of the period commencing on the day on which the interment right is granted and ending on the day the interment right expires under section 54 (the statutory renewal period).
49   Interment rights may be bequeathed
(1)  The holder of an interment right may (subject to section 51) bequeath the right as if it were the holder’s personal estate.
(2)  A person to whom an interment right devolves as a result of a bequest does not become the holder of the right until the cemetery operator’s register is amended to indicate that fact.
(3)  On application made by a person to whom an interment right has devolved as a result of a bequest, the cemetery operator must amend the cemetery operator’s register so as to indicate that the person has become the holder of the interment right.
(4)  An application under this section must be in the form prescribed by the regulations or approved by the Cemeteries Agency and accompanied by the appropriate fee.
(5)  The executor or administrator (within the meaning of the Probate and Administration Act 1898) of the estate of the holder of an interment right who has bequeathed the interment right must give the relevant cemetery operator written notice of the death of the holder within the period prescribed by the regulations after the executor or administrator becomes aware of the death.
50   Rules of intestacy to apply to interment rights not bequeathed
(1)  If the holder of an interment right dies and has not bequeathed the interment right, the interment right is to be dealt with as if it were personal property forming part of the estate of an intestate.
(2)  A person to whom an interment right devolves as a result of intestacy does not become the holder of the interment right until the relevant cemetery operator’s register is amended to indicate that fact.
(3)  On application made by a person to whom an interment right has devolved as a result of intestacy, the cemetery operator must amend the relevant cemetery operator’s register so as to indicate that the person has become the holder of the interment right.
(4)  An application under this section must be in the form prescribed by the regulations or approved by the Cemeteries Agency and accompanied by the appropriate fee.
51   Interment right to pass to surviving joint holder
On the death of a joint holder of an interment right, the remaining joint holder is, or joint holders are, entitled to the interment right.
52   Revocation of perpetual interment rights
(1)  A cemetery operator may revoke a perpetual interment right that the cemetery operator, or any previous cemetery operator for the cemetery concerned, has granted if the right conferred by the perpetual interment right is not exercised within 50 years after it is granted.
(2)  Before revoking a perpetual interment right under this section, the cemetery operator must cause notice of its intention to do so to be sent, by registered post, to the person (if any) shown in the relevant cemetery operator’s register as the holder of the perpetual interment right.
(3)  If no response to the notice under subsection (2) is received within 28 days after the date on which it is sent, the cemetery operator is to cause a further notice of the intention to be sent, by registered post, to each person shown in the relevant cemetery operator’s register as a secondary contact with respect to the holder.
(4)  If no response to the notice under subsection (2) or (3) is received within 28 days after the date on which it is sent, a second notice of the cemetery operator’s intention is to be given by means of an advertisement, identifying the interment site and the name of the holder:
(a)  displayed in a prominent position at the crematorium, cemetery or portion of a cemetery concerned, and
(b)  published in the Gazette and in:
(i)  a newspaper circulating throughout the State, or
(ii)  a manner approved in writing by the Minister having regard to the object of bringing notices of that kind to the attention of the holders of the relevant interment rights or (where holders have died) any persons entitled to the relevant interment rights as the result of bequests or intestacy or as surviving joint holders.
(5)  If no response to the second notice is received within 6 months after the date on which it is advertised, final notice of the cemetery operator’s intention is to be sent, by registered post, to the person (if any) shown in the register as the holder of the perpetual interment right allowing the holder 28 days from the date of the final notice within which to enter into negotiations of the kind referred to in subsection (7).
(6)  If the cemetery operator has insufficient information to properly address the notice referred to in subsection (2) or (5), the operator is not required to send that notice but may in that case begin the notification process by means of the notice referred to in subsection (4) and may take any other notification action the operator considers appropriate.
(7)  At any time before the expiry of the period for responding to the final notice referred to in subsection (5) (or, in the circumstances referred to in subsection (6), within 28 days after the last date on which an advertisement referred to in subsection (4) (b) is published) the holder of the perpetual interment right concerned may enter into negotiations with the cemetery operator for:
(a)  the sale of the perpetual interment right, or
(b)  the retention of the perpetual interment right.
(8)  Any notice required to be displayed or published under this section may relate to more than one interment site.
53   Compensation
(1)  If a cemetery operator revokes the perpetual interment right for an interment site the former holder of that interment right is entitled to one or other of the following at the election of the cemetery operator (but no other compensation or entitlement with respect to the revocation):
(a)  to be granted a perpetual interment right for an alternative interment site in the same cemetery (and, if available, in the same general location) as the original interment site,
(b)  to be paid by the cemetery operator, by way of compensation, an amount equal to half of the fee payable (as provided by the cemetery operator’s current scale of fees) for the granting of a perpetual interment right for an alternative interment site in the same cemetery (and, if available, in the same general location) as the original interment site.
(2)  If there is no alternative interment site available, or if there is no applicable scale of fees, the amount of compensation referred to in subsection (1) (b) is to be half of the fee payable for the granting of an interment right under the most recent applicable scale of fees, varied in proportion to any variation in the Consumer Price Index (All Groups Index) for Sydney that has occurred between the date on which that scale was established and the date of revocation of the interment right.
(3)  A cemetery operator must ensure that any report on its accounts contains an estimate of its contingent liability with respect to any interment rights it has revoked.
(4)    (Repealed)
(5)  Despite section 58 (Transfer of interment right to a person other than cemetery operator), if the former holder of the revoked interment right is granted an interment right for an alternative interment site, that interment right may not be transferred by the former holder within 5 years after the date on which it was granted.
(6)  An application for an entitlement under this section:
(a)  must be in the form approved by the Cemeteries Agency, and
(b)  must be accompanied by the appropriate fee, and
(c)  must be lodged with the cemetery operator within 6 years after the date on which the relevant interment right was revoked.
Note.
 Pursuant to section 107 (8) the fee referred to in paragraph (b) if set by a Crown cemetery operator is subject to variation or disallowance by the Cemeteries Agency.
(7)  A former holder of a revoked interment right may apply to the Cemeteries Agency for a review of any election of the cemetery operator under this section.
(8)  The Cemeteries Agency’s decision on such a review:
(a)  is final, and
(b)  is taken to be the decision of the cemetery operator, and
(c)  is to be given effect to accordingly.
(9)  In this section, former holder of a revoked interment right means the person who held that right immediately before it was revoked.
Subdivision 3 Renewable interment rights
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.
55   Re-use of interment sites and removal of memorials
(1)  Subject to this section and the regulations, if a renewable interment right in respect of an interment site expires, the cemetery operator may at the end of the period of 2 years after it expires do the following:
(a)  re-use the interment site to which the renewable interment right related,
(b)  remove any memorial to a deceased person erected on or at the site.
(2)  A cemetery operator must not re-use an interment site or remove any memorial to a deceased person on an interment site unless:
(a)  the cemetery operator has sought the advice (if any) required by section 69 (2) of the heritage advisory committee for the cemetery concerned, and
(b)  the cemetery operator has given notice of its intention to re-use the interment site or remove the memorial in the Gazette and in:
(i)  a newspaper circulating throughout the State, or
(ii)  a manner approved in writing by the Minister having regard to the object of bringing notices of that kind to the attention of members of the public to whom the relevant proposals to re-use interment sites or remove memorials may be of interest, and
(c)  the cemetery operator has taken reasonable steps to give notice of its intention to re-use the interment site or remove the memorial to the holder of the interment right and each person (if any) shown in the relevant cemetery operator’s register as a secondary contact with respect to the holder listed in the cemetery operator’s register, and
(d)  in the case of the removal of a memorial—the cemetery operator has taken reasonable steps to give notice of the steps that the person can take to reclaim the memorial.
(3)  Subsection (1) does not apply to an interment site on or at which a memorial of the following kind is erected:
(a)  a memorial that is an item of local heritage significance or State heritage significance under the Heritage Act 1977,
(b)  a memorial relating to a grave listed by the Office of Australian War Graves,
(c)  a memorial in relation to a person who died from a prescribed infectious disease within the meaning of Division 3 of Part 8 of the Public Health Regulation 2012.
(4)  Subject to subsection (6), before an interment site is re-used after the expiration of a renewable interment right the cemetery operator must ensure:
(a)  that any human remains of a deceased person (other than cremated remains) buried in the earth found at the site are placed in an ossuary box and re-interred at a greater depth or placed in an ossuary house or similar place, and
(b)  that any cremated remains found at the site are returned to the holder of the renewable interment right or scattered in the cemetery, and
(c)  any other requirements prescribed by the regulations with respect to human remains interred at the site are complied with.
(5)  The cemetery operator must ensure that the human remains of a deceased person are dealt with in accordance with any cultural or religious practice applicable in the part of the cemetery in which the interment site is located when the human remains were originally interred.
(6)  Despite subsection (1), an interment site may not be re-used by a cemetery operator unless:
(a)  any human remains of a deceased person (other than cremated remains) that are interred in the site have been interred for at least 25 years, and
(b)  the cemetery operator considers the body is in a sufficiently decomposed state to comply with subsection (4).
Maximum civil penalty (subsection (6) (a)): $27,500.
(7)  The regulations may make provision for or with respect to:
(a)  the re-use of interment sites and removal and disposition of memorials under this section, and
(b)  the notices and authorisations required before any thing is done under subsection (1).
Subdivision 4 Grant and transfer of interment rights generally
56   Grant of interment right
(1)  A cemetery operator may grant an interment right in respect of an interment site in a cemetery.
(2)  An application for an interment right must be in the form approved by the Cemeteries Agency and be accompanied by the appropriate fee.
(3)  An interment right may be granted to one person or to 2 or more persons as joint holders.
(4)  A cemetery operator cannot, without the approval of the Cemeteries Agency, grant or transfer an interment right to a person if the granting or transfer of the interment right will result in the person holding (including jointly holding) interment rights in respect of more than 2 interment sites in the cemetery for which the interment right is sought or sought to be transferred.
57   Content of interment right
An interment right granted by a cemetery operator must:
(a)  identify the person or persons to whom the right is granted, and
(b)  identify the interment site to which the right relates, and
(c)  specify the number of persons whose remains may be interred pursuant to the right at that site, and
(d)  identify the person or persons or class of persons whose remains may be interred pursuant to the interment right or provide that a specified person or person of a specified class may, at a future time, nominate the person or persons whose remains may be interred pursuant to the interment right, and
(e)  identify whether the interment right is granted as a perpetual interment right or as a renewable interment right, and
(f)  specify that the interment right may (subject to section 56 (4)) be transferred, and
(g)  subject to any applicable mandatory code of practice requirement imposed under section 31, specify any other conditions on which the interment right is granted.
58   Transfer of interment right to person other than a cemetery operator
(1)  A cemetery operator may, on application, transfer an interment right from one person or 2 or more persons as joint holders to one person or 2 or more other persons as joint holders.
(2)  An application under subsection (1) may be made only by the holder of the interment right concerned or, if the interment right is held by joint holders, by all the joint holders.
(3)  An application for the transfer of an interment right must be in the form prescribed by the regulations or approved by the Cemeteries Agency and be accompanied by the appropriate fee.
59   Transfer of interment right to cemetery operator
A cemetery operator may enter into arrangements with the holder of an interment right for the transfer of the interment right to the cemetery operator.
60   Grant or transfer of interment right may be refused
A cemetery operator may refuse to grant or transfer an interment right if, in the operator’s opinion, the grant or transfer would tend to create a monopoly or encourage dealing in interment rights.
61   Cemetery operator may determine holder of interment right
(1)  This section applies if there is a dispute or other doubt about who holds an interment right for a particular interment site in a cemetery.
(2)  A person who believes he or she is the holder of the interment right may apply to the cemetery operator for the cemetery for a decision that the person holds the interment right.
(3)  As soon as practicable after receiving the application the cemetery operator must make a decision about whether the person holds or does not hold the interment right for the interment site.
(4)  However, the cemetery operator may make a decision that the person holds the interment right for the interment site only if:
(a)  at least 28 days before making the decision, the cemetery operator:
(i)  displays a notice about its intention to make the decision in a prominent position at the cemetery, and
(ii)  publishes a notice about its intention to make the decision in the Gazette, and
(iia)  publishes a notice about its intention to make the decision in a newspaper circulating throughout the State or in a manner approved in writing by the Minister having regard to the object of bringing notices of that kind to the attention of persons who may hold the relevant interment rights for interment sites, and
(iii)  takes any other steps it considers reasonable in the circumstances to determine who holds the interment right for the interment site, or
(b)  in the reasonable opinion of the cemetery operator it is not possible to follow the procedure in paragraph (a) because it is necessary to make an urgent decision due to the imminent interment of a person who was related by blood or marriage to, or who was in a domestic relationship with:
(i)  the applicant, or
(ii)  a person interred in the interment site.
(5)  If the cemetery operator decides that the person holds the interment right for the interment site, the cemetery operator is taken to have revoked any other interment right for the interment site.
62   Interment right not required for scattering of cremated remains
No interment right is required for the scattering of cremated remains in a cemetery.
Subdivision 5 Miscellaneous
63   Register of interment rights, memorials, cremations and interments
(1)  A cemetery operator for a cemetery must cause a register to be kept of the following events:
(a)  interment rights granted by the cemetery operator in respect of interment sites in the cemetery after the commencement of this paragraph,
(b)  memorials erected in respect of interment sites in the cemetery after the commencement of this paragraph,
(c)  each interment carried out in the cemetery after the commencement of this paragraph,
(d)  each cremation carried out at the cemetery after the commencement of this paragraph,
(e)  such other events (whether of the same or a different kind) as may be prescribed by the regulations.
Maximum civil penalty: $2,200.
(2)  A reference in this Act to the cemetery operator’s register is a reference to the register kept under subsection (1).
(3)  The cemetery operator’s register may be wholly or partly in the form of a computer database, in documentary form, or in another form prescribed by the regulations and is to contain such particulars as are required by the regulations.
(4)  Without limiting subsection (3), the cemetery operator’s register is to:
(a)  identify (as far as possible) each holder of an interment right, and
(b)  include contact details for that holder, and
(c)  include contact details for any next-of-kin or other persons nominated by the holder as secondary contacts with respect to the holder, and
(d)  include the name, age and last address of the person whose remains have been interred, the date of the person’s death and the date of the interment, and
(e)  include the name, age and last address of the person whose remains have been cremated, the date of the person’s death, the date of the cremation and details of the disposal of the cremated remains.
(5)  The cemetery operator must make an entry relating to an interment or cremation immediately after the interment or cremation is carried out.
Maximum civil penalty: $2,200.
(6)  The cemetery operator must keep a copy of the cemetery operator’s register at the cemetery and make it available for inspection on request by an authorised officer within the meaning of this Act or the Public Health Act 2010.
Maximum civil penalty: $2,200.
(7)  A cemetery operator must make the cemetery operator’s register available for public inspection free of charge.
(8)  An entry in the cemetery operator’s register of the particulars referred to in subsection (4) is presumed (unless the contrary is proved) to be correct.
(9)  The cemetery operator may amend the cemetery operator’s register from time to time for any of the following purposes:
(a)  to remove any inaccuracies contained in it,
(b)  to record any changes to interment rights as a result of a transfer, revocation or death of the holder of an interment right.
(10)  The cemetery operator must, on application made by any person, make available to the person a copy of any entry made in the cemetery operator’s register in relation to an interment right or memorial.
(11)  Such an application must be in the form prescribed by the regulations or approved by the Cemeteries Agency and accompanied by the appropriate fee.
(12)  If a cemetery operator ceases to direct the operations of a cemetery, the cemetery operator must ensure the cemetery operator’s register is sent to the Cemeteries Agency or otherwise disposed of as the Cemeteries Agency directs.
Maximum civil penalty: $2,200.
64   Keeping of register and documents
(1)  A cemetery operator must keep all applications, certificates, permits and other documents relating to any cremation carried out by it and mark them with a number corresponding to the number allocated to the cremation in the cemetery operator’s register.
Maximum civil penalty: $2,200.
(2)  Those documents (other than the register or any part of it) may be destroyed by the cemetery operator after 15 years from the date of the cremation to which they relate.
(3)  When a crematorium is closed, the cemetery operator concerned must send all registers and documents relating to the cremations that have taken place at the crematorium to the Cemeteries Agency or otherwise dispose of them as the Cemeteries Agency may direct.
Maximum civil penalty: $2,200.
65   Certificates for interment rights
(1)  A cemetery operator who grants or renews an interment right, or transfers an interment right under section 58, must issue to the person to whom the right is granted, renewed or transferred a certificate:
(a)  stating that the person holds an interment right that is in force in relation to an interment site described in the certificate and setting out the matters specified in section 57, and
(b)  setting out the notice required to have been given by section 54 (4).
(2)  A statement in a certificate referred to in subsection (1) is presumed (unless the contrary is proved) to be correct.
(3)  If a certificate issued under this section is stolen, lost or destroyed, the cemetery operator may, on application and payment of the appropriate fee issue a replacement certificate.
(4)  A certificate under this section is to be in a form prescribed by the regulations or approved by the Cemeteries Agency.
66   Exhumations
(1)  Exhumations are not to take place:
(a)  except in accordance with the requirements of the regulations made under the Public Health Act 2010, and
Note.
 See Division 4 of Part 8 of the Public Health Regulation 2012.
(b)  unless an order for exhumation has been issued by the cemetery operator.
(2)  Without limiting subsection (1), any exhumation is to be carried out in accordance with any cultural or religious practice applicable to the dead person whose remains are to be exhumed.
(3)  In this section:
exhumation means the removal of a dead person’s remains (not being cremated remains) from a grave or vault, but does not include their removal from one vault for immediate transfer to another vault in the same cemetery or their temporary removal for the purposes of reburial in the same grave or vault or the re-interment of those remains in accordance with section 55 (4).
67   Order for interment
(1)  An interment must not take place in a cemetery unless the cemetery operator has issued an order for interment.
(2)  A cemetery operator must not unreasonably delay or withhold from making an order for interment.
(3)  A cemetery operator may set down the procedure to be followed to obtain an order for interment.
68   Hours of burial
Interments are not to take place except at such reasonable times as the cemetery operator may from time to time determine.
69   Heritage advisory committee
(1)  The cemetery operator for a cemetery that offers renewable interment rights must establish a heritage advisory committee:
(a)  if burial licences or other entitlements referred to in section 45 (2) (b) were offered by the cemetery before the commencement—as soon as practicable after the commencement, and
(b)  in any other the case—at least 3 years before the first renewable interment right granted by the cemetery operator after the commencement of this section is due to expire.
(2)  Before removing any memorial that has not been reclaimed or moving any bodily remains from an interment site, a cemetery operator required to establish a heritage advisory committee by subsection (1) must seek the advice of the heritage advisory committee as to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the memorial and the appropriate action to take to preserve its value.
(3)  The Cemeteries Agency may, by order published in the Gazette, make guidelines for or with respect to the constitution of a heritage advisory committee.
(4)  A heritage advisory committee consists of such persons as the cemetery operator considers (taking into account any guidelines made under subsection (3)) have qualifications, knowledge and skills in areas relevant to the functions of the committee.
(5)  A heritage advisory committee member holds office for such period as is specified in the instrument of appointment of the committee member, but any such appointment may be terminated by the cemetery operator at any time.
(6)  One of the advisory committee members, in and by the instrument by which the committee member is appointed or another instrument made by the cemetery operator, is to be appointed as chairperson of the committee.
(7)  Subject to the regulations, the procedure for the calling and holding of meetings of a heritage advisory committee is to be determined by the committee.