40Removal of certain monuments in cemeteries

40 Removal of certain monuments in cemeteries

(1)  If any monument has been erected or placed contrary to the terms and conditions on which the permission to erect or place it was granted or, in the opinion of the cemetery manager, it is unsafe, the cemetery manager may, by notice in writing given to the person responsible for the monument, require the person –

(a) to take it down and remove it; or

(b) to render it safe –

within such reasonable time as may be specified in the notice.

(2)  For the purposes of this section, a person is the person responsible for a monument if –

(a) the person has entered into an agreement with the cemetery manager under section 39(3) in respect of the monument; or

(b) if there is no agreement under section 39(3) in respect of the monument and the monument is intended to commemorate a single deceased person, the person is the senior next of kin of the deceased person; or

(c) if there is no agreement under section 39(3) in respect of the monument and the monument is intended to commemorate more than one deceased person, the person –

(i) is the senior next of kin of a deceased person commemorated by the monument; and

(ii) has been determined by the regulator as the person responsible for the monument.

(3)  If –

(a) the person responsible for a monument fails to comply with a requirement made under subsection (1) in respect of the monument; or

(b) the cemetery manager is the person responsible for the maintenance of the monument by virtue of an agreement under section 39(3) in respect of the monument; or

(c) the cemetery manager, after diligent enquiry, is unable to find the person responsible for the monument –

the cemetery manager may –

(d) render the monument safe or, if it is not reasonable in the opinion of the cemetery manager to render the monument safe, take the monument down and remove it; and