39Monuments, &c.

39 Monuments, &c.

(1)  A cemetery manager may permit any vault or grave to be made or dug, and any monument to be erected or placed, in any portion of the cemetery as the manager thinks proper on payment of a fee fixed by the cemetery manager.

(2)  A cemetery manager may determine the position of any monument to be erected or placed –

(a) according to its description, size and character; and

(b) having regard to the general plan for ornamenting the cemetery in an appropriate manner.

(3)  A person and the cemetery manager of a cemetery may agree, in writing and on payment, by the person, of a fee fixed by the cemetery manager, that the cemetery manager is to maintain a vault, grave or monument within the cemetery according to the terms of the agreement.

(4)  A cemetery manager of a cemetery that contains a vault, grave or monument that is the subject of an agreement made under subsection (3) must comply with the terms of that agreement.

Penalty:  Fine not exceeding 50 penalty units.

(5)  A person must not remove a monument from a cemetery otherwise than in accordance with this Act.

Penalty:  Fine not exceeding 50 penalty units.