AustLII Tasmanian Consolidated Acts

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BURIAL AND CREMATION ACT 2002 - SECT 23

23. Exclusive right of burial

      (1) A person may apply to a cemetery manager for an exclusive right of burial to inter any human remains in a specified interment plot or specified portion of a cemetery.

      (2) A cemetery manager may grant an exclusive right of burial in accordance with subsection (1) either in fee or for a term of 25 years which may be renewed on such other terms and conditions as may be agreed.

      (3) If it is impracticable for a cemetery manager to inter any human remains in an interment plot or portion of a cemetery in accordance with an exclusive right of burial, the cemetery manager must grant to the holder of the right, without further charge, an exclusive right of burial in another plot or portion, or in another cemetery if so agreed with the manager of that other cemetery.

      (4) If there is no such agreement, the matter is to be referred to arbitration under the Commercial Arbitration Act 1986 as if there were a submission under that Act.

      (5) The cemetery manager must pay the costs of an arbitration under subsection (4).



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