109What if the holder of right of interment or responsible person cannot be found?

109 What if the holder of right of interment or responsible person cannot be found?

(1) If the cemetery trust believes that a memorial or place of interment is not in a safe and proper condition and the cemetery trust is unable to find the holder of the right of interment for that memorial or place of interment, the cemetery trust may—

(a) in the case of a place of interment—

(i) open and examine the place of interment; and

(ii) repair the place of interment; or

(b) in the case of a memorial—

(i) repair the memorial; or

(ii) with the consent of the Secretary, take down, remove and dispose of the memorial.

(2) If the cemetery trust believes that a building for ceremonies is not in a safe and proper condition and the cemetery trust is unable to find the person responsible for that building for ceremonies, the cemetery trust may—

(a) repair the building for ceremonies; or

(b) with the consent of the Secretary, take down, remove and dispose of the building for ceremonies.