Meaning of “diligent inquiry”
401 Meaning of “diligent inquiry”
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.
Searching of registers, being the searching of—
the Register kept under the Real Property Act 1900, and
the General Register of Deeds kept under the Conveyancing Act 1919, and
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.
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—
stating that the council intends to acquire the land specified in the notice by compulsory process for the purpose of resale, and
inviting the owner of the land to contact the council at an address specified in the notice.
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).
Giving notice to representatives of persons who may hold native title, being the giving of notice in the following ways—
the giving, to the New South Wales Aboriginal Land Council and to the relevant Local Aboriginal Land Council, of a notice—
stating that the council intends to acquire the land specified in the notice by compulsory process for the purpose of resale, and
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,
if a relevant procedure under the Native Title Act 1993 of the Commonwealth applies—the giving of notice as required under that procedure,
if a relevant procedure under that Act does not apply—the giving of notice (as set out in paragraph (a)) to any registered native title claimant (within the meaning of that Act) in relation to the land concerned by post or in such other manner to which the notified claimant agrees.
For the purposes of subsection (5), a relevant procedure is the procedure under Subdivision P of Division 3 of Part 2 of the Native Title Act 1993 of the Commonwealth or the procedure under section 24MD(6B) of that Act, or the procedure prescribed by a registered indigenous land use agreement.
Despite subsection (1), if an action referred to in subsection (5)(b) or (c) is substantially the same as an action referred to in subsection (3), (4) or (5)(a), the action concerned need be taken only once.
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