COMMUNITY TITLES ACT 1996 - SECT 154

COMMUNITY TITLES ACT 1996 - SECT 154

154—Procedure where the whereabouts of certain persons are unknown

        (1)         Where—

            (a)         application is made to the Registrar-General under this Act; and

            (b)         a person's consent to the application, or in respect of some other related matter is required; and

            (c)         the Registrar-General is satisfied by such evidence as the Registrar-General may require—

                  (i)         that the applicant has been unable, after making reasonable inquiries, to ascertain the whereabouts of the person; and

                  (ii)         that the applicant has complied with the notice requirements under subsection (2); and

                  (iii)         that at least 28 days have elapsed since the applicant complied with those requirements; and

                  (iv)         that no objection has been lodged by the person; and

            (d)         the Registrar-General determines (in his or her absolute discretion) that it is reasonable to proceed without the consent,

the person will be taken to have given his or her consent.

        (2)         The notice requirements referred to in subsection (1)(c)(ii) are that the applicant has—

            (a)         posted to the person whose consent is required, at the last address of the person known to the Registrar-General, a notice containing the information prescribed by regulation; and

            (b)         published a copy of the notice in a newspaper circulating generally throughout the State; and

            (c)         in a case involving an encroachment, left a copy of the notice in a conspicuous place on or near the land over which the encroachment has occurred.