47Duty of cemetery manager on removal of monument

47 Duty of cemetery manager on removal of monument

(1)  In this regulation –

Heritage Council has the same meaning as in the Historic Cultural Heritage Act 1995 ;

Heritage Register has the same meaning as in the Historic Cultural Heritage Act 1995 ;

unlisted cemetery means a cemetery not entered on the Heritage Register.

(2)  If a cemetery manager of an unlisted cemetery proposes to take down and remove a monument without notice under section 40(5) of the Act, and in his or her opinion it is safe to do so, the manager is to take the following photographs of the monument before taking it down:

(a) one photograph showing only the monument and its architectural detail;

(b) one photograph showing the monument and its location in relation to –

(i) any surrounding monuments or graves; or

(ii) if there are no surrounding monuments or graves – the area surrounding the monument to a radius of approximately 5 metres from the monument.

(3)  If a cemetery manager has taken down and removed a monument without notice under section 40(5) of the Act and without taking the photographs referred to in subregulation (2) , the manager must take 2 photographs as follows:

(a) one photograph showing only the architectural detail of the monument after its removal or, if the monument has been demolished, any significant pieces of the monument that show the architectural detail;

(b) the other photograph showing the site where the monument was located, including –

(i) any surrounding monuments or graves; or

(ii) if there are no surrounding monuments or graves – the area surrounding the site to a radius of approximately 5 metres from the site.