NSWIn ForceAct
Cemeteries and Crematoria Act 2013
70BMemorial works by cemetery operators
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#### 70B Memorial works by cemetery operators
70B Memorial works by cemetery operators
> A cemetery operator for a cemetery may disturb a memorial that is lawfully erected in the cemetery if—
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> > (a) before the disturbance occurs, the holder of the interment right for the interment site to which the memorial relates has requested or authorised the disturbance by written notice to the cemetery operator, or
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> > (b) the interment right for the interment site in relation to the memorial is no longer in force, or
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> > (c) the memorial is damaged or vandalised—to repair or remediate the memorial to the state, or likely state, the memorial was in immediately before the damage or vandalism, or
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> > (d) the disturbance is to ensure compliance with the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), or
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> > (e) the disturbance is otherwise permitted under this Act.
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> Note—
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> See section 46(2) for a civil penalty in relation to cemetery operators disturbing memorials unless otherwise permitted under this section.
>
> **s 70B:** Ins 2025 No 32, Sch 1\[43\].