New South Wales Consolidated Acts

BOTANY CEMETERY AND CREMATORIUM ACT 1972 - SECT 10

10 Powers of cemetery trust in relation to prescribed monuments and prescribed graves

(1) It shall, subject to section eleven of this Act, be lawful for the cemetery trust or such persons as may be authorised by the trust to:

(a) remove and preserve in a memorial area or garden, to be established by the trust in the cemetery in accordance with a plan to be approved of by the Minister, any prescribed monument which is, in the opinion of the trust, reasonably capable of being preserved,

(b) remove any prescribed monument which is not, in the opinion of the trust, reasonably capable of being preserved and dispose of it at the discretion of the trust, and

(c) remove with due care, after notice in writing to the Director-General of Public Health, any remains from a prescribed grave and reverently re-inter those remains anywhere in the cemetery.

(2) If any monument removed pursuant to paragraph (a) of subsection one of this section ceases at any time by reason of its condition to be, in the opinion of the cemetery trust, reasonably capable of being preserved, the trust may remove and dispose of it at the discretion of the trust.

(3) Before any monuments are removed by the cemetery trust pursuant to paragraph (a) or (b) of subsection one of this section, the trust shall take into consideration any views of the Royal Australian Historical Society, furnished to the trust within three months after the commencement of this Act, relating to the historical importance of each or any monument in the cemetery.

(4) Subject to this Part, the cemetery trust may do all such things as it may consider necessary to establish the memorial area or garden referred to in paragraph (a) of subsection one of this section.