(1)  In this regulation –

Heritage Council has the same meaning as in the Historic Cultural Heritage Act 1995 ;

Heritage Register has the same meaning as in the Historic Cultural Heritage Act 1995 ;

unlisted cemetery means a cemetery not entered on the Heritage Register.

(2)  If a cemetery manager of an unlisted cemetery proposes to take down and remove a monument without notice under section 21(3) of the Act, and in his or her opinion it is safe to do so, he or she is to take the following photographs of the monument before taking it down:

(a) one photograph showing only the monument and its architectural detail;

(b) one photograph showing the monument and its location in relation to –

(i) any surrounding monuments or graves; or

(ii) if there are no surrounding monuments or graves – the area surrounding the monument to a radius of approximately 5 metres from the monument.

(3)  If a cemetery manager has taken down and removed a monument without notice under section 21(3) of the Act without taking the photographs referred to in subregulation (2) , he or she must take 2 photographs as follows:

(a) one photograph showing only the architectural detail of the monument after its removal or, if the monument has been demolished, any significant pieces of the monument that show the architectural detail;

(b) the other photograph showing the site where the monument was located, including –

(i) any surrounding monuments or graves; or

(ii) if there are no surrounding monuments or graves – the area surrounding the site to a radius of approximately 5 metres from the site.

Penalty:  Fine not exceeding 20 penalty units.

(4)  Within 14 days after taking down and removing a monument without notice under section 21(3) of the Act, a cemetery manager must provide the Heritage Council with –

(a) written notice of that taking down or removal which contains the following particulars, if available:

(i) the name of the deceased person recorded on the monument;

(ii) the date of death of the deceased person recorded on the monument;

(iii) the number or other identifier of the grave; and

(b) the photographs taken under subregulation (2) or (3) .

Penalty:  Fine not exceeding 20 penalty units.

(5)  This regulation does not apply to a monument that has been erected for less than 50 years.