AustLII Tasmanian Consolidated Acts

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BURIAL AND CREMATION ACT 2002 - SECT 26

26. Insufficient revenue for maintenance of cemetery

      (1) If the revenue of a cemetery is insufficient for the cemetery manager to keep the cemetery in good order and in accordance with this Act, the cemetery manager may –

(a) if there is a tombstone showing the name of the person buried there, remove kerbs, railings and other monuments, shrubs, marble chips and other adornments and cover the area with grass leaving only the tombstone; or

(b) if there is a monument other than a tombstone –

(i) treat the monument as if it were a tombstone and act in accordance with paragraph (a); or

(ii) remove the monument and re-erect it in another portion of the cemetery, with or without any kerbs, railings or other adornments, and cover the area with grass, having first set a stone showing who was buried there and where the former monument is to be found.

      (2) If –

(a) a vault or monument bears no legible indication of whose grave is there; or

(b) the superstructure of a vault or monument is unsafe, decayed or broken beyond repair –

the cemetery manager may remove any material or other substance that prevents the covering of the area with grass.



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