9Power to remove monuments

9 Power to remove monuments

(1)  In this regulation –

unauthorised monument means any monument that –

(a) has been erected or placed contrary to the terms and conditions on which the permission to erect or place it was granted; or

(b) is, in the opinion of the Council, unsafe.

(2)  The Council may, by notice in writing given to a person who erected or placed an unauthorised monument in the cemetery, require the person to –

(a) take it down and remove it; or

(b) make it safe –

within a reasonable time that is specified in the notice.

(3)  If a person to whom a notice in relation to an unauthorised monument is given under subregulation (2) fails to comply with the requirement, or the Council is unable, after making reasonable attempts, to find the person who erected or placed an unauthorised monument in the cemetery, the Council may –

(a) take the monument down and remove it or make the monument safe; and

(b) recover in any court of competent jurisdiction the reasonable cost of doing so from the person who erected or placed the monument in the cemetery.

(4)  The Council may exercise its powers under this regulation without notice if an unauthorised monument appears to be a danger to persons or property.