Land Acquisition Act 1993

A reference to an address of a person includes an electronic address that has been indicated by the person, in electronic or other correspondence to the acquiring authority or the Public Trustee, to be the electronic address to which a notice or other document may be served or given electronically, whether or not the person has consented to the serving on the person, at that address, of any notices, or such notices, under this Act.

If an acquiring authority is unable to ascertain the existence or address, or the existence and address, of an owner of subject land, the authority must – serve on the Public Trustee any notice in respect of that land that it is required to serve on an owner; and where the notice served on the Public Trustee is a notice to treat – publish a copy of the notice in a daily newspaper circulating generally in the city or other municipality in which that land is situated; and affix a copy of the notice in a prominent place on that land.

On being served with a notice under subsection (1), the Public Trustee must take all reasonable steps to discover the existence or address, or the existence and address, of any owner of the subject land.

If a notice has been served on the Public Trustee under subsection (1), the Public Trustee, until such time as the Public Trustee has discovered the existence or address, or the existence and address, of an owner of the subject land – is to be treated as the owner to which the notice relates; and may take any action in respect of the subject land which the owner, if known and available, might have taken.

If the Public Trustee discovers the existence or address, or the existence and address, of an owner of subject land, the Public Trustee must – notify the acquiring authority; and provide the owner with a copy of the notice to treat and the other notices and particulars the Public Trustee considers appropriate; and unless authorized by that owner to continue to act for the owner, cease acting on behalf of that owner.

A notice served on the Public Trustee under subsection (1) is taken to have been served on an owner referred to in that subsection.

A notice referred to in subsection (4) may be provided to an owner electronically.