Tasmanian Numbered Regulations
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BURIAL AND CREMATION REGULATIONS 2015 (S.R. 2015, NO. 33) - REG 47
Duty of cemetery manager on removal of monument
(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.
(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) .
(5) This regulation does not apply to a monument that has been erected
for less than 50 years.
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