401Meaning of “diligent inquiry”

401 Meaning of “diligent inquiry”

401 Meaning of “diligent inquiry”

(1) For the purposes of section 188(2)(b) of the Act, a diligent inquiry for the owner of land that a council intends to acquire by compulsory process for the purpose of resale is the taking of all the actions named and described in this section.

(2) Searching of registers, being the searching of—

(a) the Register kept under the Real Property Act 1900, and

(b) the General Register of Deeds kept under the Conveyancing Act 1919, and

(c) the National Native Title Register kept under the Native Title Act 1993 of the Commonwealth,

to identify every person who has a legal or equitable estate or interest in the land, or an easement, right, charge, power or privilege over, or in connection with, the land.

(3) Fixing a notice to the land, being the placing, on a board or other structure in a conspicuous place on the land, of a notice—

(a) stating that the council intends to acquire the land specified in the notice by compulsory process for the purpose of resale, and

(b) inviting the owner of the land to contact the council at an address specified in the notice.

(4) Publishing a notice, being the publishing, in a newspaper circulating in the area in which the land is situated and in a newspaper circulating generally in New South Wales, of a notice referred to in subsection (3).

(5) Giving notice to representatives of persons who may hold native title, being the giving of notice in the following ways—

(a) the giving, to the New South Wales Aboriginal Land Council and to the relevant Local Aboriginal Land Council, of a notice—

(i) stating that the council intends to acquire the land specified in the notice by compulsory process for the purpose of resale, and

(ii) inviting any person who considers that he or she may hold native title to the land to contact the council at an address specified in the notice,