364Sale of vacant unclaimed land in certain undelivered and unregistered Crown grants

364 Sale of vacant unclaimed land in certain undelivered and unregistered Crown grants S. 364(1) amended by No. 25/2023 s. 7(Sch. 1 item 17.29). (1) Where a Crown grant under the general law has been sealed previously to the commencement of the Real Property Act of 1862 but not delivered to the grantee, or has been sealed under that Act or under the Transfer of Land Statute of 1866 No. 301 previously to the first day of January One thousand eight hundred and seventy but has not been registered under the said Act or Statute and such grant has ever since such sealing remained in the possession and under the control of the Crown by reason of the moneys prescribed by law to be paid in the Crown upon such delivery or registration not having been paid it shall be lawful for the Governor in Council in the name and on behalf of His Majesty, and notwithstanding the restriction in section twelve at any time or times to sell in fee-simple by public auction the whole or any part or parts of any vacant land comprised in any such grant (but not with land in any other grant), and either at one or at several times and subject to such minimum or upset price terms conditions exceptions reservations and otherwise as the Governor in Council may direct, with power to rescind or annul any such sale and resell in manner aforesaid; and may direct the Minister to effect such sale. (2) Upon such direction the Minister shall cause notice of such intended sale to be published in the Government Gazette and in two newspapers published in the city of Melbourne in three successive weeks with an interval of not less than five days between each publication; also in at least one issue of a newspaper published and circulating in the neighbourhood of the land; also to be sent through the post by registered letter addressed to the grantee at the address (if any) appearing on the grant; and also to be posted on the land the subject of the sale and in a conspicuous place in the Office of Titles. Such notice shall be so published and sent and posted within twelve months and before one month of the time thereby fixed for the sale, and shall be in the form or to the effect of the Fifteenth Schedule to this Act. The Minister may also at his discretion cause notice to be sent through the post by registered letter addressed to the owners and occupiers of land abutting on the land to be sold, or to any other person. (3) If after notices have been duly published sent and posted in the manner prescribed any land comprised therein after being duly offered for sale remains unsold it shall not be necessary on any subsequent attempted sale to publish send or post notices in the manner prescribed by the last preceding subsection, but it will be sufficient to advertise such sale in the manner adopted in an ordinary sale of Crown land. No. 3709 s. 320.