(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.

(5)  If land is sold by the Director under subsection (2)(a)  –

(a) the registration of a memorandum of transfer vests the title to the land in the purchaser; and

(b) the title vested in the purchaser is freed of –

(i) all mortgages and charges; and

(ii) any caveat that if not removed would forbid the registration of the memorandum of transfer or execution of the indenture of conveyance; and

(iii) any other encumbrance or interest other than an encumbrance or interest which the Director determines, in writing provided to the Recorder of Titles, should remain in force; and

(iv) all leases and licences; and

(c) the memorandum of transfer or indenture of conveyance by the Director is evidence that the requirements of this Act in relation to the sale of the land have been complied with.

(6)  Any money received on the sale of the land under subsection (2)(a) is to be applied as follows:

(a) firstly, in paying the costs of the sale and any other costs incurred in proceeding under this section;

(b) secondly, in meeting the reasonable costs incurred by the Director in doing the work or taking the action under section 74T ;

(c) thirdly, in discharging any liabilities to the Crown or a council for rates or taxes in respect of the land;

(d) fourthly, in discharging any liabilities secured by registered mortgages and other encumbrances;

(e) fifthly, in discharging any other mortgages or other encumbrances of which the Director has notice.

(7)  If, after all disbursements referred to in subsection (6) have been paid, there remain proceeds from the sale of the land, the excess is to be paid to the Public Trustee and such payment is taken to be an order made under section 25(1) of the Public Trustee Act 1930 .

(8)  If the reasonable attempt of the Director to sell land under subsection (2)(a) is unsuccessful, the Director may determine that the land is to be transferred to the Crown or, if a council agrees, to that council.

(9)  A determination made under subsection (2)(b) or (8) , if done in a form approved by the Recorder of Titles, operates as a memorandum of transfer.

(10)  If a determination under subsection (2)(b) or (8) is made –

(a) the land to which the determination relates is freed of any charge against the land that exists by reason of this Act; and

(b) any outstanding liability to the Crown in respect of the land that exists by reason of this Act is discharged.

(11)  If land is transferred to the Crown or to a council under this section and the value of the land exceeds the total cost that the Director is entitled to recover under this Division, the Crown or council –

(a) is to apply an amount equal to that excess as specified in subsection (6) ; and

(b) if part of that amount remains after being so applied, is to pay that remaining part to the Public Trustee and such payment is taken to be an order made under section 25(1) of the Public Trustee Act 1930 .

(12)  If the Director, in good faith, has sold land or determined that land be transferred to the Crown or a council under this section, neither the Director, the Crown nor the council is liable to pay damages or compensation or otherwise make reparation to any person in respect of –

(a) the sale of the land; or

(b) the making of the determination; or

(c) the transfer of the land.