Environmental Management and Pollution Control Act 1994
74XSale or transfer of land if owner cannot be found
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74X Sale or transfer of land if owner cannot be found
(1) In this section –
land includes a part of land.
(2) If the Director is entitled to serve a notice on the owner of land, has been unable to find and so serve that notice on the owner and, under section 74T , has done any work or taken any action that could have been required by the notice, the Director may –
(a) sell the land in respect of which that work or action was done or taken as if the Director were the owner of the land –
(i) by public auction; or
(ii) if the proceeds of the sale are unlikely to meet the costs of the public auction, by direct sale; or
(b) determine that the land is to be transferred to the Crown or, if a council agrees, to that council.
(3) For the purposes of selling or transferring land, the Director may –
(a) cause the land to be subdivided if this is otherwise allowed by law; and
(b) carry out any work on the land or otherwise develop the land; and
(c) require an occupier of the land to vacate it; and
(d) do anything a mortgagee may do under the Land Titles Act 1980 in the case of default of payment of money owing under a mortgage; and
(e) grant any easements or enter into covenants in respect of the land.
(4) Not less than 90 days before the Director sells land under subsection (2)(a) , makes a determination to transfer land under subsection (2)(b) or takes any action under subsection (3) , the Director must cause notice that he or she intends to do so –
(a) to be published in at least 3 newspapers published and circulating generally in Tasmania; and
(b) to be posted on the land.