(1)  If any monument has been erected or placed contrary to the terms and conditions on which the permission to erect or place it was granted or, in the opinion of the cemetery manager, it is unsafe, the cemetery manager may, by notice in writing given to the person responsible for the monument, require the person –

(a) to take it down and remove it; or

(b) to render it safe –

within such reasonable time as may be specified in the notice.

(2)  For the purposes of this section, a person is the person responsible for a monument if –

(a) the person has entered into an agreement with the cemetery manager under section 39(3) in respect of the monument; or

(b) if there is no agreement under section 39(3) in respect of the monument and the monument is intended to commemorate a single deceased person, the person is the senior next of kin of the deceased person; or

(c) if there is no agreement under section 39(3) in respect of the monument and the monument is intended to commemorate more than one deceased person, the person –

(i) is the senior next of kin of a deceased person commemorated by the monument; and

(ii) has been determined by the regulator as the person responsible for the monument.

(3)  If –

(a) the person responsible for a monument fails to comply with a requirement made under subsection (1) in respect of the monument; or

(b) the cemetery manager is the person responsible for the maintenance of the monument by virtue of an agreement under section 39(3) in respect of the monument; or

(c) the cemetery manager, after diligent enquiry, is unable to find the person responsible for the monument –

the cemetery manager may –

(d) render the monument safe or, if it is not reasonable in the opinion of the cemetery manager to render the monument safe, take the monument down and remove it; and

(e) recover in any court of competent jurisdiction the reasonable cost of doing so from the person responsible for the monument.

(4)  Subsection (3)(b) does not apply in respect of a monument if –

(a) an agreement has been entered into under section 39(3) in respect of the monument; and

(b) the terms of the agreement require the cemetery manager to bear the cost of rendering the monument safe, or taking the monument down and removing it, in accordance with this section.

(5)  A cemetery manager may exercise his or her powers under this section without notice if the monument appears to be a danger to persons or property.

(6)  As soon as practicable after a cemetery manager takes a monument down and removes it under subsection (5) the cemetery manager must –

(a) notify the person responsible for the monument; and

(b) if an agreement is in place under section 39(3) in respect of the monument and the terms of that agreement meet the requirements of subsection (4)(b) , re-erect the monument at no charge to the person responsible for the monument.