Australian Capital Territory Numbered Regulations

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CEMETERIES AND CREMATORIA REGULATIONS 2003 (NO 31 OF 2003) - REG 18

Closing facilities

    (1)     The Minister may, in writing, close a facility.

    (2)     The instrument under subregulation (1) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (3)     The notifiable instrument commences—

        (a)     3 months after the day the instrument is notified under the Legislation Act; or

        (b)     on a later date stated in the instrument.

    (4)     The Minister may close a facility completely or partially.

Example of partial closure of a facility

A cemetery may be closed to all new purchases of rights of burial, but burials may continue in allotments if a right of burial has already been purchased.

Note     An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (5)     To remove any doubt, land where a closed facility is located is land being used for the facility despite the closure.

Note     The purpose for which land is used is important for the Land (Planning and Environment) Act 1991 .



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