Cemeteries and Crematoria Act 2013

The council must, subject to clause 12, preserve in its existing position on the conversion land or remove and preserve in a new position, as provided in subclause (2)—

any monument which—

is erected over any grave which, in the opinion of the council, is of historical importance, and

is, in the opinion of the council, reasonably capable of being preserved, and

any monument erected over any grave in respect of which the council holds any money, securities or assets for the perpetual care of that grave.

The new position in which a monument removed by the council pursuant to subclause (1) must be preserved is, at the discretion of the council, to be anywhere on the conversion land or in another cemetery, whether that other cemetery is a cemetery within the meaning of this Part or otherwise.

Subject to clause 12, the council may remove such other monuments erected on the conversion land as it thinks fit, and dispose of them at its discretion.

Before determining which of the monuments the council will preserve, or remove and preserve pursuant to the subclause (1), or remove pursuant to subclause (3), the council must take into consideration any views of—

the Royal Australian Historical Society relating to the historical importance of each or any monument, and

the Commonwealth War Graves Commission relating to any monument provided or maintained by it,

If any monument preserved in accordance with subclause (1) ceases at any time after the expiration of the period of 3 months referred to in clause 12 (3) by reason of its condition to be, in the opinion of the council, reasonably capable of being preserved, the council may dispose of it at its discretion.