56Removal of objects, things and items from places of interment and memorials

56 Removal of objects, things and items from places of interment and memorials

(1) A cemetery trust may give directions to a person regarding the objects, things or items affixed to, or placed on or around, the places of interment and memorials in a public cemetery for which the cemetery trust is responsible.

(2) A person must comply with a direction given by a cemetery trust under subregulation (1).

(3) A cemetery trust may remove the following objects, things or items from a place of interment or memorial in a public cemetery for which the cemetery trust is responsible—

(a) any object, thing or item that, without the prior approval of the cemetery trust, extends beyond the boundary of the place of interment or memorial;

(b) any dead flowers or any other object, thing or item that is in a poor condition;

(c) any object, thing or item placed on a place of interment or memorial in contravention of the Act, these Regulations, a direction given by a cemetery trust under subregulation (1) or the model rules set out in Schedule 2;

(d) any object, thing or item that may cause danger to any person or property.

(4) A cemetery trust must ensure that any object, thing or item removed under subregulation (3) is disposed of in a manner considered appropriate by the cemetery trust.

(5) A person, other than a person specified in subregulation (6), must not, without reasonable excuse, remove any object, thing or item from a place of interment or memorial in a public cemetery.

Penalty: 10 penalty units.

(6) For the purposes of subregulation (5), 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 public cemetery when acting in accordance with that authorisation.