Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If, for a period of 30 years or more –
the cemetery manager may proceed to close the cemetery or portion and exercise the powers conferred by section 26.(a) no interments have taken place in a cemetery or portion of a cemetery; or
(b) interments have taken place with no vault or monument other than a flat slab flush with the ground –
(2) In order to exercise powers under subsection (1), a cemetery manager may discharge an exclusive right of burial by agreement with the holder to give a similar right to another portion or plot and move to it any human remains, coffin, vault, monument or other thing in or on the original place.
(3) 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.
(4) The cemetery manager must pay the costs of an arbitration under subsection (3).
(5) For the purpose of subsection (2), the Public Trustee may represent the holder of an exclusive right of burial if it appears that the cemetery manager, after diligent inquiry, cannot find the holder.