14Removing memorials after expiry of renewable interment right—the Act, s 55(1)

14 Removing memorials after expiry of renewable interment right—the Act, s 55(1)

14 Removing memorials after expiry of renewable interment right—the Act, s 55(1)

(1) The cemetery operator must retain a memorial to a deceased person that is removed—

(a) for 5 years after the date of the removal, unless the memorial is sooner reclaimed by a person entitled to reclaim the memorial, and

(b) at a secure site, whether or not within the cemetery.

(2) At least 60 days before removing a memorial of a deceased person under the Act, section 55, the cemetery operator must take reasonable steps to give notice to the deceased person’s next-of-kin of the cemetery operator’s intention to remove the memorial in accordance with the section.

(3) Subsection (2) applies only to the extent the deceased person’s next-of-kin is a person other than a person referred to in the Act, section 55(2)(c).

Note—

The Act, section 55(2)(c), requires the cemetery operator to take reasonable steps to notify the holder of the interment right and any registered secondary contacts for the holder of its intention to remove the memorial.

(4) This section does not require the cemetery operator to retain the kerbing, ledger or foundation footings for a memorial.