79Meaning of “diligent inquiry”

79 Meaning of “diligent inquiry”

79 Meaning of “diligent inquiry”

(1) For the purposes of this Act, a diligent inquiry to identify a person is the taking of the following actions—

(a) the searching of the following registers—

(i) the Register kept under the Real Property Act 1900,

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

(iii) the National Native Title Register kept under the Commonwealth Native Title Act,

(b) placing, on a board or other structure in a conspicuous place on, or at an entrance to, the land concerned, a notice—

(i) stating that it is intended to declare the land as part of a marine park or an aquatic reserve, and

(ii) inviting the owner of the land to contact the relevant Ministers at a specified address,

(c) publishing a notice referred to in paragraph (b) in a manner approved by the relevant Ministers having regard to the object of bringing notices of that kind to the attention of persons who may be owners of the relevant land.

(2) For the purposes of sections 32 and 36, a person who is a native title holder is taken to have been unable, after diligent inquiry, to be found or identified if—

(a) notice of the proposed proclamation or declaration is served by the relevant Ministers in accordance with section 78, and

(b) at the expiration of the period of 4 months commencing on service of the notice, the person is neither a registered native title claimant nor a registered native title body corporate in relation to the land concerned.

s 79: Am 2018 No 25, Sch 2.21.