70Removal of human remains, monuments, &c., in closed cemeteries

70 Removal of human remains, monuments, &c., in closed cemeteries

(1)  A cemetery manager must not demolish or remove a grave, monument or vault, or remove human remains, from a closed cemetery under section 69 unless the cemetery manager has –

(a) given public notification in a newspaper circulating in the relevant municipal area on 3 occasions at regular intervals over a period of 12 months of the intention to demolish or remove the graves, monuments or vaults or to exhume and remove the human remains; and

(b) prepared a statement specifying –

(i) the names and dates appearing on the graves, monuments or vaults to be demolished or removed; and

(ii) any other particulars necessary for the identification of the graves, monuments or vaults and of the human remains to which they relate, as far as the particulars are ascertainable from the records of the cemetery or the inscriptions on the graves, monuments or vaults; and

(c) made the statement available for inspection by any person free of charge.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A notice published under subsection (1)(a) is to state where and when the statement prepared in accordance with subsection (1)(b) may be inspected.

(3)  If a notice published under subsection (1)(a) relates to the demolition or removal of a grave, monument or vault, the senior next of kin of a person commemorated by the grave, monument or vault may request that the cemetery manager for the closed cemetery relocate the grave to, or re-erect the monument or vault at, another cemetery.

(4)  If a notice published under subsection (1)(a) relates to the removal of human remains, the senior next of kin of a person whose human remains are intended to be exhumed or removed may request that the cemetery manager for the closed cemetery re-inter the human remains at another cemetery.

(5)  A cemetery manager who receives a request under subsection (3) or (4) must comply with the request, as far as is practicable and subject to any conditions imposed on the closed cemetery or the closure of the cemetery under this Act, at no further cost.