South Australian Consolidated Acts

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LOCAL GOVERNMENT ACT 1934 - SECT 589

589—Neglected cemeteries

        (1)         If the council is of the opinion that a cemetery within the area

            (a)         is in a neglected condition; or

            (b)         in any manner fails to comply with a requirement of a regulation made by the Governor under this Part,

the council may, by order, require the person in whom the fee simple of the cemetery is vested (whether as trustee or otherwise) to carry out any work for the purpose of remedying the condition of neglect or complying with the requirement.

        (2)         Divisions 2 and 3 of Part 2 of Chapter 12 of the Local Government Act 1999 apply with respect to—

            (a)         a proposal to make an order; and

            (b)         an order made,

under subsection (1).

        (3)         If a cemetery is vested in any person as trustee and the cemetery was established before the commencement of this Act, an amount recoverable by the council from the trustee under Division 2 of Part 2 of Chapter 12 of the Local Government Act 1999 is limited to the amount in the hands of the trustee for the purposes of the cemetery.



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