New South Wales Consolidated Acts

MARINE PARKS ACT 1997 - SECT 44C

44C Meaning of “diligent inquiry”

(1) For the purposes of section 14A, 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 , and

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

(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 the land concerned, a notice:

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

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

(c) publishing a notice referred to in paragraph (b) in a newspaper circulating in the vicinity of the land concerned and in a newspaper circulating generally in New South Wales.

(2) For the purposes of section 14A, 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 is served by the relevant Ministers in accordance with section 44B, 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.