49Service of notice of acquisition

49 Service of notice of acquisition (1) Within one month after the date of acquisition of land compulsorily acquired under section 43(1)(b), the Minister: (a) must cause a search to be made of: (ii) if native title rights and interests have been acquired – the Register of Native Title Claims and the National Act; (b) may make other inquiries to ascertain who, in the Minister's opinion, had an interest in the acquired land at the date of the acquisition; and (c) must cause a copy of the notice of acquisition: (i) to be served on the persons specified in subsection (1A); (ii) to be published in a newspaper circulating in the area in which the acquired land is situated; (iii) if the acquired land is under the provisions of the Land Title Act 2000 – to be lodged with the Registrar-General; and (iv) if the acquired land has not been brought under that Act – to be lodged with the proper officer controlling any official register or record of that land. (1A) For the purposes of subsection (1)(c)(i), the following persons are to be served with a copy of the notice of acquisition: (a) each person whose interest in the land was or may have been, in the opinion of the Minister, divested, modified or affected by the acquisition of the land, including: Lands Acquisition Act 1978 34 (ii) the registered native title body or bodies corporate (if any) in relation to any of the land; (b) if native title rights and interests have been acquired – the representative Aboriginal/Torres Strait islander body or bodies in relation to any of the land acquired. (1AA) For the purposes of subsection (1)(c)(iv), where the acquired land is a native title right or interest: (a) the proper officer is the Native Title Registrar under the Native Title Act; and (b) the register is the Register of Native Title Claims, the National Native Title Register or the Register of Indigenous Land Use Agreements maintained under that Act, as the case requires. (1AB) Where land is compulsorily acquired under section 43(1)(b) subject to conditions relating to native title rights and interests, the copy of the notice of acquisition served on the persons referred to in subsection (1A)(a)(i) and (ii) is to be accompanied by: (a) a copy of those conditions; and (b) if the Tribunal recommended that the land may be compulsorily acquired subject to conditions relating to native title rights and interests that are different from the conditions referred to in paragraph (a) – a statement to the effect that there is a difference. (2) Upon lodgement of a copy of the notice of acquisition with the Registrar-General, the Registrar-General shall deal with the notice as though it were an instrument of transfer or conveyance of the interest specified in the notice from the owner of that interest to the Territory. (3) The Minister must cause to be served on each person served under subsection (1)(c)(i) a statement in the approved form summarising the rights of persons whose land has been acquired under this Act. (4) Service of a notice under subsection (1) does not of itself constitute a recognition by the Territory that the person on whom it is served has an interest in the land to which it relates.