MidCoast Council adopted a revised The Bight Cemetery Restorian Action Plan (RAP) at council's August 25 meeting.
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Following comments from Cemeteries and Crematoria NSW (the regulating body of the internment industry), and after seeking legal advice regarding interment rights, MidCoast Council made revisions to the plan following its July ordinary meeting.
At the August meeting, Cr Katheryn Bell, supported by Cr Peter Epov, moved a number of amendments to the revised RAP, however the other councillors voted against Cr Bell's amendment saying those amendments would add further delay to the process, with the incident of the laying down of headstones occuring two years ago and work still not started to reinstall and repair the monuments.
"I think that if we continue to split hairs and require prescriptive actions, then it is going to be slower and slower. We need to vote this amendment down and let staff get along with the job," Cr Claire Pontin said.
Cr Epov questioned why the revisions to the RAP did not undergo consultation with the community. The director of liveable communities, Paul De Szell's reply was as was council was trying to define a statutory (legal) process, the community doesn't have a role in that, and the revisions were made to achieve compliance.
Much of the revision to the RAP was in regard to the legalities of interment rights.
In its advice to MidCoast Council, Cemeteraries and Crematoria NSW said:
"Council should note that families saying they represent the families of the deceased internment right holder or those interred may not necessarily have the legal right to provide consent to works on monumentation on a grave. ... where a holder is decesased, the cemetery operator can transfer the internment right to the beneficiaries of the holder's estate or their successors, with approriate supporting documentation. That new holder can then give permission concerning any works to memorialisation of a grave. A cemetery operator cannot override that right. Beneficiaries of an estate may not necessarily be family members of those contacting council."
Council will now attempt to ascertain the legal internment right holder of each of the 68 graves as they have to have permission from the legal internment right holder to be able to do the restoration works.
In the event of council not being able to locate the legal internment right holder the RAP describes what action council will undertake.
"The council will consult with registered interested family members in relation to the proposed restoration works.
"Whether to proceed with a particular scope of works for a headstone will be decided on a case-by-base basis, taking into account any submissions received."
Cemeteries and Crematoria NSW have requested MidCoast Council provide quarterly progress reports, with the first due in October 2021.
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