11Offences relating to constructing or digging in a cemetery

11 Offences relating to constructing or digging in a cemetery

(1) A person, other than a person specified in subrule (3), must not construct or erect any building, structure, enclosure or fence, whether permanent or temporary in a cemetery—

(a) without the prior approval of the cemetery trust in accordance with rule 4; or

(b) unless authorised to do so under the Act.

Penalty: 10 penalty units.

(2) A person, other than a person specified in subrule (3), must not dig or excavate any trench, pit or hole, whether permanent or temporary, in a cemetery—

(a) without the prior approval of the cemetery trust in accordance with rule 4; or

(b) unless authorised to do so under the Act.

Penalty: 10 penalty units.

(3) For the purposes of subrules (1) and (2), the following persons are specified—

(a) the cemetery trust when carrying out its functions;

(b) an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;

(c) a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.