Power of relevant authority to dispose of unclaimed memorial
42 Power of relevant authority to dispose of unclaimed memorial
If—
2 years or more have elapsed—
since an interment right in respect of an interment site in a cemetery or natural burial ground has expired; or
since a cemetery was dedicated as park lands or converted into a public park or garden; and
a memorial to a deceased person interred in the cemetery or natural burial ground is situated at the interment site or elsewhere in the cemetery or natural burial ground; and
the relevant authority for the cemetery or natural burial ground has given notice of its intention to remove and dispose of the memorial—
by public advertisement in a newspaper circulating throughout the
State; and
by written notice affixed to the memorial; and
the relevant authority has taken reasonable steps to give written notice to the owner of the memorial of its intention to remove and dispose of the memorial; and
6 months have elapsed since the cemetery authority gave notice under this subsection and no person has claimed the memorial within that period, the relevant authority may remove the memorial from the cemetery or natural burial ground and dispose of it as it thinks fit.
If a memorial is disposed of by a relevant authority under this section, the authority must keep prescribed records in relation to the memorial.
Maximum penalty: $5 000.
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