49Requirement to repair memorial

49 Requirement to repair memorial (1) If a memorial in a public cemetery becomes unsafe, the responsible entity for the cemetery may, by written notice, require the person who was authorised to erect the memorial to repair, remove or reinstate the memorial within a reasonable period specified in the notice. The responsible entity must provide all the options (repair, remove or reinstate a memorial) to the applicant. (2) A notice under subsection (1) must also state that the applicant may apply to NTCAT for a review of the requirement made under (3) If the work required under subsection (1) is not carried out within the period specified in the notice, the responsible entity may carry out the required work. (4) If a memorial in a public cemetery becomes unsafe or is damaged due to the actions of the responsible entity for the cemetery, the responsible entity: (a) must make reasonable attempts to provide, by written notice to the applicant for that memorial, information: (i) on the state of the memorial; and (ii) on the responsible entity's plan to repair or reinstate the memorial within a reasonable period; and (b) must repair or reinstate the memorial within a reasonable period; and

Burial and Cremation Act 2022 32 (c) must not recover costs of repair or reinstatement from the applicant. (5) The applicant may, in writing, waive the requirement of the responsible entity to repair or reinstate a memorial under subsection (4). (6) If the applicant waives the requirement of the responsible entity to repair or reinstate a memorial under subsection (5), the responsible entity: (a) must remove the memorial if it is unsafe; or (b) may remove the memorial if the applicant provides consent for the removal. (7) A written notice under subsection (1) or (4) is not required if: (a) a memorial in a public cemetery becomes unsafe; and (b) urgent action to repair, remove or reinstate the memorial is considered necessary by the responsible entity. (8) The responsible entity for the cemetery may carry out the work mentioned in subsection (7)(b). (9) In this section: unsafe, in relation to a memorial, means likely to cause physical danger to a person.