74XSale or transfer of land if owner cannot be found

74X Sale or transfer of land if owner cannot be found

(1)  In this section –

land includes a part of land.

(2)  If the Director is entitled to serve a notice on the owner of land, has been unable to find and so serve that notice on the owner and, under section 74T , has done any work or taken any action that could have been required by the notice, the Director may –

(a) sell the land in respect of which that work or action was done or taken as if the Director were the owner of the land –

(i) by public auction; or

(ii) if the proceeds of the sale are unlikely to meet the costs of the public auction, by direct sale; or

(b) determine that the land is to be transferred to the Crown or, if a council agrees, to that council.

(3)  For the purposes of selling or transferring land, the Director may –

(a) cause the land to be subdivided if this is otherwise allowed by law; and

(b) carry out any work on the land or otherwise develop the land; and

(c) require an occupier of the land to vacate it; and

(d) do anything a mortgagee may do under the Land Titles Act 1980 in the case of default of payment of money owing under a mortgage; and

(e) grant any easements or enter into covenants in respect of the land.

(4)  Not less than 90 days before the Director sells land under subsection (2)(a) , makes a determination to transfer land under subsection (2)(b) or takes any action under subsection (3) , the Director must cause notice that he or she intends to do so –

(a) to be published in at least 3 newspapers published and circulating generally in Tasmania; and

(b) to be posted on the land.