12Owners to be given notice

12 Owners to be given notice

12 Owners to be given notice

(1) A proposed acquisition notice need only be given to all the owners of the land who—

(a) have a registered interest in the land, or

(b) are in lawful occupation of the land, or

(c) have, to the actual knowledge of the authority of the State, an interest in the land.

(2) If the proposed acquisition notice relates only to a particular interest in land, the notice need only be given to all such owners of that interest.

(3) If the proposed acquisition notice relates to an interest which does not exist (such as a proposed easement), the notice need only be given to all the owners of the land who—

(a) have a registered interest in the land (other than a mortgage interest), or

(b) are in lawful occupation of the land.

(4) If the proposed acquisition notice relates to land under the Real Property Act 1900, the authority of the State must give a copy of the notice to any person who has lodged a caveat which is recorded in respect of the land in the Register kept under that Act.

(5) If the proposed acquisition notice relates to land that is the subject of a registered native title claim under the Commonwealth Native Title Act, the authority of the State must give a copy of the notice to the registered native title claimant under that Act.

Note—

Under the NTA, the registered native title claimant is the person shown in the Register of Native Title Claims as the applicant for the claim.

s 12: Am 1998 No 88, Sch 3 [3].