AustLII Tasmanian Consolidated Acts

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BURIAL AND CREMATION ACT 2002 - SECT 36

36. Exhumation and re-interment of human remains

      (1) Subject to section 38, on the expiration of 12 months after a cemetery has been closed under section 29 –

(a) all rights of any person in, or to –

(i) any human remains interred in the cemetery or any grave, monument or vault; and

(ii) any prescribed records showing details and locations of interments, graves and monuments –

are vested in the cemetery manager; and

(b) the cemetery manager may demolish and remove any grave, monument or vault, and reverently exhume and re-inter any human remains.

      (2) The cemetery manager must record in a register to be kept for the purpose full details of any exhumation and re-interment of any human remains under subsection (1).

Penalty:

Fine not exceeding 5 penalty units.

      (3) The register is to be –

(a) maintained by the cemetery manager; and

(b) available at all reasonable times for inspection by any person.



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