100Cemetery trust may remove memorials or places of interment

100 Cemetery trust may remove memorials or places of interment

(1) A cemetery trust may require a person to remove or alter a memorial or place of interment in a public cemetery if that person—

(a) has established or altered, or caused to be established or altered, the memorial or place of interment in the public cemetery without the approval of the cemetery trust under section 99; or

(b) has failed to comply with any term or condition to which the approval of the cemetery trust under section 99 was subject.

(2) If a person to whom subsection (1) applies fails or refuses to remove or alter the memorial or place of interment, the cemetery trust may—

(a) remove the memorial or place of interment and dispose of it as it sees fit; or

(b) remedy the failure to comply.

(3) A cemetery trust may recover the costs of taking action under subsection (2) from the person referred to in subsection (1) as a debt recoverable in a court of competent jurisdiction.