Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SECT 109

What if the holder of right of interment or responsible person cannot be found?

109. What if the holder of right of interment or responsible person cannot be
found?



(1) If the cemetery trust believes that a memorial or place of interment is
not in a safe and proper condition and the cemetery trust is unable to find
the holder of the right of interment for that memorial or place of interment,
the cemetery trust may-

   (a)  in the case of a place of interment-

   (i)  open and examine the place of interment; and

   (ii) repair the place of interment; or

   (b)  in the case of a memorial-

   (i)  repair the memorial; or

   (ii) with the consent of the Secretary, take down, remove and dispose of
        the memorial.

(2) If the cemetery trust believes that a building for ceremonies is not in a
safe and proper condition and the cemetery trust is unable to find the person
responsible for that building for ceremonies, the cemetery trust may-

   (a)  repair the building for ceremonies; or

   (b)  with the consent of the Secretary, take down, remove and dispose of
        the building for ceremonies.