Land and Business (Sale and Conveyancing) Regulations 1995 (SA)

South Australia

Land and Business (Sale and Conveyancing) Regulations 1995

under the Land and Business (Sale and Conveyancing) Act 1994

Contents

Part 1—Preliminary

1 Short title
3 Interpretation

Part 2—Contracts for sale of land or businesses

4            Forms
5            Qualified accountant
6            Cooling-off—form of certificate of legal practitioner as to independent advice
6A          Sale of land—instalment agreements
7           Sale of land—form of vendor's statement
8            Sale of land—particulars required, prescribed encumbrances and prescribed matters
9            Sale of small business—form of vendor's statement
10          Sale of small business—prescribed particulars
11          Sale of small business—form of accountant's certificate
12          Sale of land—prescribed inquiries
13          Sale of land—form of agent's certificate
14          Auctioneer to make statements available
15          Sale of land—provision of information etc by councils, statutory authorities and prescribed bodies
15A         Prescribed notice to be given to purchaser
16          Defences
16A         Authority to act as agent
16B         Requirements relating to offers to purchase residential land
16C         Financial and investment advice
16D         Agent to disclose certain benefits connected with sale or purchase
16E         Agent to supply valuation in prescribed circumstances
16F         Agent not to act for both purchaser and vendor of land or business
16G         Restriction on obtaining beneficial interest where agent authorised to sell or appraises property
16H        Prescribed standard conditions for auctions of residential land
16I         Preliminary actions and records required for auctions of residential land
16J         Collusive practices at auctions of land or businesses

Part 3—Dual representation

17          Circumstances in which conveyancer may act for both parties
18          Conveyancer must cease to act if conflict of interest arises
19          Meaning of conflict of interest

Part 4—Miscellaneous

20 Keeping of records

Schedule 1—Contracts for sale of land or businesses—forms

Schedule 1A—Prescribed notice to be given to purchaser

Schedule 2—Contracts for sale of land or businesses—inquiries

Schedule 2A—Financial and investment advice—specified information and warnings

Schedule 2B—Disclosure of benefits

Schedule 2C—Prescribed standard conditions for auctions of residential land

1 Prescribed standard conditions

Schedule 2D—Collusive practices at auctions of land or businesses

Schedule 3—Contracts for sale of land or businesses—fees

Schedule 4—Dual representation—forms

Schedule 5—Transitional provisions

1 Section 90 statements prepared before commencement of Act
2 Section 91 statements prepared before commencement of Act

Legislative history

Appendix—Divisional penalties and expiation fees

Part 1—Preliminary

1—Short title
These regulations may be cited as the Land and Business (Sale and Conveyancing) Regulations 1995.
3—Interpretation

In these regulations, unless the contrary intention appears—
acquired a relevant interest in the land has the same meaning as in section 7 of the Act;
Act means the Land and Business (Sale and Conveyancing) Act 1994;
council, in relation to land being sold, means the council in whose area the land is situated;
council search report means a report by a council that provides particulars and documentary material under the Act or these regulations for the purposes of the preparation of a vendor's statement in relation to land;
Crown lease means a leasehold interest granted by the Crown under an Act;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
prescribed body means a body prescribed for the purposes of section 12(2) of the Act (see regulation 15);
property interest report means a report, produced by the Department for Transport, Energy and Infrastructure for the purposes of the preparation of a vendor's statement in relation to land, that includes—
(a)particulars and documentary material provided by the Department under the Act or these regulations for the purposes of the preparation of the statement; and
(b)a search copy of the certificate of title to the land or, in the case of a Crown lease, a copy of the lease.
In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1.
In these regulations, a reference to the type size of printed or typewritten material is to be taken to be a reference to that type size when produced in Times New Roman font.

Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.

Part 2—Contracts for sale of land or businesses

4—Forms
A form set out in Schedule 1 must be completed in accordance with the instructions contained in the form and, if a form indicates that a particular document is to be attached to the form, that document must be so attached.
5—Qualified accountant
For the purposes of paragraph (a) of the definition of qualified accountant in section 3 of the Act, the required qualification in accounting is membership of—
(a)CPA Australia; or
(b)the Institute of Chartered Accountants in Australia; or
(c)the National Institute of Accountants; or
(d)the Association of Taxation and Management Accountants; or
(e)the National Tax and Accountants' Association Limited as a Fellow.

6—Cooling-off—form of certificate of legal practitioner as to independent advice
For the purposes of section 5(7)(b) of the Act, the form of certificate set out in Part A of Form 3 is approved for use by a legal practitioner certifying as to the giving of independent legal advice to a purchaser before the purchaser enters into a contract for the sale of land or a small business.
6A—Sale of land—instalment agreements
Pursuant to subsection (4)(b) of section 6 of the Act, that section does not apply in relation to a contract for the sale of land by the Minister for Infrastructure, or by the Land Management Corporation with respect to sale deferred purchase arrangements under the Industrial and Commercial Premises Scheme.
7—Sale of land—form of vendor's statement
For the purposes of section 7(1) of the Act, a statement is in the required form if it comprises—
(a)Parts A, B and C of Form 1; and
(b)Part 1 of the table of particulars set out in Division 1 of the Schedule of Form 1; and
(c)such items in Part 2 of that table as contain prescribed encumbrances or charges that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
(d)if the vendor acquired a relevant interest in the land within 12 months before the date of the contract of sale—that part of Division 2 of the Schedule of Form 1 headed "Particulars of transactions in last 12 months"; and
(e)such other parts of Division 2 of the Schedule of Form 1 as contain the matters that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
(f)if the land subject to the sale is a community lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988—the notice in Division 3 of the Schedule of Form 1.

8—Sale of land—particulars required, prescribed encumbrances and prescribed matters
For the purposes of section 7(1)(b) of the Act—
(a)the particulars required to be set out in the vendor's statement are the particulars required by the Schedule of Form 1;
(b)the encumbrances specified in Division 1 of the Schedule of Form 1 are prescribed encumbrances;
(c)the matters specified in Division 2 of the Schedule of Form 1 are prescribed matters to the extent that they affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale.

9—Sale of small business—form of vendor's statement
For the purposes of section 8(1) of the Act, a statement is in the required form if it comprises—
(a)Parts A, B, C and D of Form 2; and
(b)Schedule 1 of Form 2; and
(c)if land is sold under a contract for the sale of a small business—
(i)Part 1 of the table of particulars set out in Form 2 Schedule 2 Division 1; and

(ii)such items in Part 2 of that table as contain prescribed encumbrances or charges that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
(iii)if the vendor acquired a relevant interest in the land within 12 months before the date of the contract of sale—that part of Form 2 Schedule 2 Division 2 headed "Particulars of transactions in last 12 months"; and
(iv)such other parts of Form 2 Schedule 2 Division 2 as contain the matters that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
(v)if the land subject to the sale is a community lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988—the notice in Form 2 Schedule 2 Division 3; and

(d)if the matters set out under the heading "Particulars relating to environment protection" or the heading "Particulars relating to Livestock Act 1997" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, the business subject to the sale—the parts of that Division that contain those matters.

10—Sale of small business—prescribed particulars
For the purposes of section 8(1)(b) of the Act, the prescribed particulars are—
(a)the particulars set out in Form 2 Schedule 1; and
(b)the particulars set out in Form 2 Schedule 2 Division 2 under the headings "Particulars relating to environment protection" and "Particulars relating to Livestock Act 1997" to the extent that the matters set out under those headings affect, presently or prospectively, the business the subject of the sale.

11—Sale of small business—form of accountant's certificate
For the purposes of section 8(2) of the Act, the certificate to be signed by or on behalf of a qualified accountant must be in the form set out in Part D of Form 2.
12—Sale of land—prescribed inquiries

For the purposes of section 9(1)(a) and (2)(a) of the Act, the following inquiries in relation to land subject to a sale are prescribed:
(a)to inquire of the vendor as to what mortgages, charges, prescribed encumbrances and prescribed matters affect, presently or prospectively, title to, or the possession or enjoyment of, the land; and
(b)to search any title kept at the Lands Titles Registration Office on which is entered any interest that affects, presently or prospectively, title to, or the possession or enjoyment of, the land and to obtain particulars of any such interest; and
(c)to request the vendor to produce any document in the possession of the vendor relating to any mortgage, charge or prescribed encumbrance to which the land is subject, or relating to any prescribed matter that affects, presently or prospectively, title to, or the possession or enjoyment of, the land and to inspect any document so produced; and
(d)if a document referred to in paragraph (c) is no longer in the possession of the vendor, to take all practicable measures to inspect the original or a copy of such a document; and
(e)to inquire from the vendor and the council as to the existence of insurance under Division 3 of Part 5 of the Building Work Contractors Act 1995 (or the repealed Builders Licensing Act 1986) in relation to any building work on the land; and
(f)to inquire—
(i)in relation to a charge or prescribed encumbrance specified in column 1 of table 1 in Schedule 2, of the bodies specified in column 2 opposite, whether or not the council, a statutory authority or a prescribed body has the benefit of such a charge or prescribed encumbrance over the land; and
(ii)in relation to a matter specified in column 1 of table 2 in Schedule 2, of the bodies specified in column 2 opposite, whether or not the matter affects, presently or prospectively, title to, or the possession or enjoyment of, the land; and
(g)to seek, from the vendor and the bodies specified in column 2 of the tables set out in Schedule 2, the particulars and documentary material required by the relevant part of the prescribed form of all mortgages, charges, prescribed encumbrances and prescribed matters in relation to which inquiries are made in accordance with paragraphs (a), (e) and (f); and
(h)if a community lot (including a strata lot) or a development lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988 is being sold, to seek from the vendor and the community or strata corporation (or, where specified, the Lands Titles Registration Office) the particulars and documentary material required by the relevant part of the prescribed form in relation to the lot or unit.
In subregulation (1) a reference to the relevant part of the prescribed form is a reference to—
(a)in the case of the sale of land not under a contract for the sale of a business—the Schedule of Form 1;
(b)in the case of the sale of land under a contract for the sale of a small business—Schedule 2 of Form 2.

13—Sale of land—form of agent's certificate
For the purposes of section 9(1)(b) and (2)(b) of the Act, the certificate signed by the agent must—
(a)if land is being sold but not under a contract for the sale of a business—be in the form set out in Part D of Form 1;
(b)if land is being sold under a contract for the sale of a small business—be in the form set out in Part E of Form 2.

14—Auctioneer to make statements available
For the purposes of section 11(b) of the Act, an auctioneer must cause public advertisement of the times and places at which a vendor's statement may be inspected to be included (in the form set out in Form 4)—
(a)in each public notice of the sale of the land or small business; or
(b)if the sale is notified in a newspaper, magazine or other publication, to be displayed prominently, in the advertisement or block of advertisements containing the notice of the sale.

15—Sale of land—provision of information etc by councils, statutory authorities and prescribed bodies

For the purposes of section 12(1), (2) and (3) of the Act, a council, statutory authority or prescribed body must provide such particulars and documentary material as regulation 12 requires to be sought from that body.

(1a)For the purposes of section 12(2) of the Act, an administrative unit of the Public Service is a prescribed body.

For the purposes of section 12(3) of the Act, an application must be accompanied by—
(a)the appropriate fee set out in Schedule 3; and
(b)the following documents:
(i)in the case of an application relating to land in respect of which a certificate of title has been issued under the Real Property Act 1886—a copy of the original certificate of title or duplicate certificate of title;
(ii)in the case of an application relating to land subject to a lease granted by the Crown under an Act—a copy of the lease;
(iii)in any other case—a copy of a document of title that sufficiently identifies the land in relation to which the application is made.

15A—Prescribed notice to be given to purchaser
For the purposes of section 13A of the Act, the prescribed notice must be printed or typewritten in not smaller than 12‑point type and in the form, and contain the information, set out in Schedule 1A.
16—Defences
For the purposes of section 16 of the Act—
(a)the persons and bodies to which inquiries to obtain information are required to be made are as follows:
(i)for information relating to a mortgage, charge or prescribed encumbrance specified in column 1 of table 1 set out in Schedule 2—the persons and bodies specified in column 2 opposite;

(ii)for information relating to a matter specified in column 1 of table 2 set out in Schedule 2—the persons and bodies specified in column 2 opposite;
(iii)for information relating to a community lot (including a strata lot), a development lot or a community corporation under the Community Titles Act 1996 or a unit or strata corporation under the Strata Titles Act 1988—the community or strata corporation (or, where Division 2 of the Schedule of Form 1 or Division 2 of Schedule 2 of Form 2 indicates that the information may be obtained from the community or strata corporation or the Lands Titles Registration Office—the community or strata corporation or the Lands Titles Registration Office);

(b)the certificate signed by the legal practitioner must be in the form set out in Part A of Form 3;
(c)the instrument of waiver signed by the purchaser must be in the form set out in Part B of Form 3.

16A—Authority to act as agent

For the purposes of section 20(1)(c)(ii) of the Act, the prescribed number of days is 90.
For the purposes of section 20(1)(e) of the Act, a sales agency agreement must comply with the following:
(a)the agreement must be printed or typewritten in not smaller than 12‑point type, however, variations to the sales agency agreement may be handwritten provided they are legible;
(b)the agreement must specify—
(i)the land that is the subject of the agreement (whether by street address or description sufficient to identify the land); and
(ii)the full names of the vendor and agent; and
(iii)the agent's registration number; and
(iv)the chattels that are included in or excluded from sale; and
(v)details of the circumstances in which the agent will be entitled to receive commission or fees for the sale of the land, including circumstances in which the sale may not be attributable to the agent, or may not be directly or completely attributable to the agent;
(c)the agreement must contain a term by which the agent warrants that the agent will comply with all the agent's obligations under the Act and these regulations and will act in the vendor's best interests.
Auctioneers are exempt from the requirements of section 20(1) and (3) of the Act insofar as they act on behalf of a vendor or purchaser in the sale of land or a business only by performing the functions of an auctioneer, including having or exercising an auctioneer's authority to sign a contract for the sale of land or a business on behalf of the vendor or purchaser after the fall of the hammer to the highest bidder at an auction.
An agent is exempt from the requirements of section 20(1) and (3) of the Act insofar as the agent acts, in the sale of land or a business, on behalf of—
(a)the South Australian Housing Trust; or
(b)the Public Trustee.
An agent is exempt from the requirement of section 20(1)(c)(ii) of the Act to specify the duration of a sales agency agreement insofar as—
(a)the agent acts, in the sale of the land that is the subject of the agreement, on behalf of a vendor who carries on the business of a developer of land; and
(b)the land or part of the land has been subdivided by the vendor.

16B—Requirements relating to offers to purchase residential land
For the purposes of section 21(1)(a) and (2)(a) of the Act, an offer for residential land must contain the following details:
(a)the offer must, if it is in the form of a contract of sale document, include the following statement at the head of the document printed or typewritten in not smaller than 12‑point bold type:
Notice to purchaser:
This is a contract for the sale of residential land. You may be bound by the terms of this contract if it is signed by both you and the vendor. You should seek independent legal advice if you are unsure about the terms contained in this contract. Contracts for the sale of land may be subject to a 2 day cooling‑off period (exercisable by the purchaser) under section 5 of the Land and Business (Sale and Conveyancing) Act 1994;

(b)the offer must, in any other case—
(i)be headed "NOTICE OF OFFER TO PURCHASE RESIDENTIAL LAND" printed or typewritten in upper case type not smaller than 14‑point followed by the following statement printed or typewritten in not smaller than 12‑point bold type:

Note:
This is not a contract of sale document. Both the purchaser and vendor must sign a contract of sale document before this offer becomes legally binding. An offer may be withdrawn at any time before signing a contract of sale document. Contracts of sale may also be subject to a 2 day cooling‑off period (exercisable by the purchaser) under section 5 of the Land and Business (Sale and Conveyancing) Act 1994; and
(ii)include the following details, printed or typewritten in not smaller than 12‑point type:
(A)the full name of the offeror;
(B)the land that is the subject of the offer (whether by street address or description sufficient to identify the land);
(C)the amount of the offer;
(D)any conditions to which the offer is subject (for example, finance, sale of another property or satisfactory building or land inspection report);
(E)the proposed date of settlement or length of time between the signing of the contract of sale and settlement.

16C—Financial and investment advice
For the purposes of section 24B of the Act, the specified information or warnings to be given to a person in respect of financial or investment advice must be in the form set out in Schedule 2A printed or typewritten in not smaller than 12‑point type.
16D—Agent to disclose certain benefits connected with sale or purchase
For the purposes of section 24C(2) of the Act, the disclosure must be in the form set out in Schedule 2B printed or typewritten in not smaller than 12‑point type.
16E—Agent to supply valuation in prescribed circumstances

For the purposes of section 24E of the Act, the prescribed circumstances in relation to the sale of land by an agent are circumstances in which—
(a)the agent or a sales representative or another person employed by the agent has made unsolicited contact (other than by advertisement or mail) with the owner of the land; and
(b)as a result of that contact, the agent has been authorised to sell the land on behalf of the owner; and
(c)negotiations by the agent or sales representative for the sale of the land commence or are to commence with any person without prior advertising of the land by the agent for sale to the public.
An application for the approval of the Commissioner under section 24E(1) of the Act must be made to the Commissioner in the form approved by the Commissioner.

16F—Agent not to act for both purchaser and vendor of land or business
Auctioneers are exempt from the application of section 24F of the Act insofar as they act on behalf of both a vendor and purchaser in the sale of land or a business only by performing the functions of an auctioneer, including having or exercising an auctioneer's authority to sign a contract for the sale of land or a business on behalf of the vendor or purchaser after the fall of the hammer to the highest bidder at an auction.
16G—Restriction on obtaining beneficial interest where agent authorised to sell or appraises property

For the purposes of section 24G(5) of the Act—
(a)the Commissioner may approve the obtaining by the agent or sales representative of a beneficial interest in the land or business on application by the agent or sales representative to the Commissioner in the form approved by the Commissioner; and
(b)the Commissioner may require the applicant to provide the Commissioner with specified information to enable the Commissioner to determine the application, verified, if the Commissioner so requires, by statutory declaration; and
(c)the Commissioner may refuse the application—
(i)if the applicant has not provided the information required by the application or the Commissioner; or
(ii)if, in the opinion of the Commissioner—
(A)the information provided by the applicant is inaccurate, incomplete or calculated to mislead; or
(B)the agent or sales representative is not acting in the best interests of the vendor; or
(C)the vendor is likely to suffer detriment as a result of the transaction; or
(iii)if, in the case of an application relating to the obtaining by an agent or sales representative of a beneficial interest in land, the agent or sales representative has not—
(A)arranged a formal written valuation of the land, at the agent's or sales representative's own expense, by a person authorised to carry on business as a land valuer under the Land Valuers Act 1994 and approved by the Commissioner; and
(B)furnished the vendor with a copy of the land valuer's report.
For the purposes of paragraph (e) of the definition of associate in section 24G(11) of the Act, a relationship between the agent or sales representative and a person is prescribed if the agent or sales representative will, to the knowledge of the agent or sales representative, receive a benefit from the other person in connection with a transaction or dealing relating to the land or business subsequent to the agent or sales representative successfully negotiating the sale of the land or business for the vendor.
An agent is exempt from the requirements of section 24G(1) and (9) of the Act in relation to the obtaining of a beneficial interest in land or a business that the agent is authorised to sell if—
(a)the beneficial interest is obtained as a result of the sale of the land or business; and
(b)the sale is by public auction that satisfies the requirements of subregulation (7).
A sales representative employed by an agent is exempt from the requirements of section 24G(2) of the Act in relation to the obtaining of a beneficial interest in land or a business that the agent is authorised to sell if—
(a)the beneficial interest is obtained as a result of the sale of the land or business; and
(b)the sale is by public auction that satisfies the requirements of subregulation (7).
An agent is exempt from the requirements of section 24G(3) of the Act in relation to the obtaining of a beneficial interest in land or a business that the agent appraises if—
(a)the beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and
(b)the sale is by public auction that satisfies the requirements of subregulation (7).
A sales representative is exempt from the requirements of section 24G(3) of the Act in relation to the obtaining of a beneficial interest in land or a business that the sales representative appraises if—
(a)the beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and
(b)the sale is by public auction that satisfies the requirements of subregulation (7).
A public auction of land or a business satisfies the requirements of this subregulation if details of the auction have been advertised, at least once per week over a period of at least 2 consecutive weeks immediately before the auction, in a newspaper circulating generally throughout the State or the area in which the land or business is situated.

16H—Prescribed standard conditions for auctions of residential land
For the purposes of section 24I of the Act, the conditions set out in Schedule 2C are prescribed standard conditions for an auction conducted by an agent for the sale of residential land, binding as between—
(a)the vendor and the purchaser; and
(b)the vendor and the auctioneer; and
(c)the bidders and the auctioneer.

16I—Preliminary actions and records required for auctions of residential land

For the purposes of section 24J(1)(b) of the Act, all prescribed standard conditions for an auction conducted by an agent for the sale of residential land must be audibly announced by the auctioneer to the members of the public attending the auction immediately before the commencement of the auction.
For the purposes of section 24J(1)(c), (e) and (j) of the Act—
(a)the following details relating to an auction must be included in the auction record before the commencement of the auction:
(i)the street address of the land or a description of the land sufficient to identify it;
(ii)the full name of the vendor, the responsible agent and the auctioneer;
(iii)the date and time of the auction;
(iv)for the bidders register—
(A)the full name and address of each person intending to bid at the auction (subject to the requirements of paragraph (c)); and
(B)a general description of the proof of identity produced by the person in accordance with paragraph (c) and the signature of the agent verifying that the agent has sighted it; and
(C)if the intending bidder is proposing to bid on behalf of another person, the full name and address of the other person and a statement that the intending bidder is proposing to bid on behalf of that person;
(b)the following details relating to bidding or subsequent events must be entered in the auction record:
(i)for the bidders register if the auction is interrupted in order to register a further person as an intending bidder in the register—
(A)the full name and address of the person (subject to the requirements of paragraph (c)); and
(B)a general description of the proof of identity produced by the person in accordance with paragraph (c) and the signature of the agent verifying that the agent has sighted it; and
(C)if the intending bidder is proposing to bid on behalf of another person, the full name and address of the other person and a statement that the intending bidder is proposing to bid on behalf of that person; and
(ii)if the land is sold at the auction—
(A)the full name and address of the purchaser; and
(B)the amount for which the land was sold;
(iii)if the land is passed in at the auction but the auctioneer, on the same day, conducts further negotiations for the sale of the land with a person by whom, or on whose behalf, a bid for the land was made at the auction (whether or not resulting in a sale)—
(A)the full name and address of that person; and
(B)the amounts offered by that person for the land during those negotiations; and
(C)in the case of a resulting sale of the land on that day to that person—the amount for which the land was sold;
(c)details of an intending bidder must not be entered in the bidders register unless—
(i)the intending bidder has produced to the agent proof of his or her identity in the form of a drivers licence, passport, credit or debit card or gas, electricity or telephone account or similar document or card issued to the person; and
(ii)if the intending bidder is proposing to bid on behalf of another person, the bidder has—
(A)provided to the agent a written authority to so act signed by the other person; and
(B)produced to the agent proof of the other person's identity in the form of a drivers licence, passport, credit or debit card or gas, electricity or telephone account or similar document or card issued to the other person, or, in the case of a body corporate, the certificate of the body's incorporation.
For the purposes of subregulation (2)(c)(ii), an authority or proof of identity may be an original document or a photocopy, facsimile copy or electronically scanned copy of the original document.
There are exemptions from the application of section 24J(3) of the Act as follows:
(a)the responsible agent or, if a different person, the auctioneer is exempt insofar as the agent or auctioneer—
(i)discloses or makes use of information in the auction record relating to a person accepted by the auctioneer as having made the highest bid above the reserve price for a purpose connected with the auction or sale of the land on behalf of the vendor; or
(ii)discloses to the vendor the name of a person registered in the bidders register (whether as a bidder or a person on whose behalf bids may be made); or
(iii)discloses or makes use of information in the auction record as permitted by section 24J(3) of the Act;
(b)the vendor is exempt insofar as the vendor discloses or makes use of information in the auction record disclosed to the vendor under this regulation;
(c)a person who has the auction record or has had access to it is exempt insofar as the person does anything with respect to the record, or information in it, for the purposes of the administration or enforcement of the Act or as required or authorised by a court or tribunal constituted by law.

16J—Collusive practices at auctions of land or businesses
For the purposes of section 24L(3) of the Act, notice of the material parts of that section—
(a)must, in the case of the sale of residential land by auction—
(i)include the information set out in the form in Schedule 2D printed or typewritten in not smaller than 12‑point type; and

(ii)be supplied to each intending bidder when the person's details are being taken for entry in the bidders register; and

(b)must, in the case of the sale by auction of any other land or a business—
(i)include the information set out in the form in Schedule 2D; and

(ii)be audibly announced by the auctioneer to the members of the public attending the auction immediately before the auction commences.

Part 3—Dual representation

17—Circumstances in which conveyancer may act for both parties

For the purposes of section 30 of the Act, a conveyancer is authorised to act for both the transferor and transferee, or the grantor and grantee, of property or rights under a transaction if—
(a)the transferor and transferee or the grantor and grantee (in this Part referred to as both parties)—
(i)are related to one another by blood, adoption or marriage; or
(ii)are domestic partners one of the other; or
(iii)are bodies corporate that are related to each other for the purposes of the Corporations Act 2001 of the Commonwealth; or
(iv)are a proprietary company and a person who is a shareholder or director of that company; or
(v)are registered as the proprietors of the relevant land as tenants in common or joint tenants with one another; or
(vi)carry on business in partnership with each other; or
(b)the conveyancer has obtained from both parties a written acknowledgment, or general authority, in the form set out in Schedule 4.
However, a conveyancer is not authorised to act for both parties to a transaction if the conveyancer is subject to a conflict of interest in relation to the transaction.

18—Conveyancer must cease to act if conflict of interest arises

If, in the course of acting for both parties to a transaction, the conveyancer becomes subject to a conflict of interest in relation to the transaction, the conveyancer must notify both parties in writing and cease to act in the matter.
Penalty: Division 7 fine.
However, if both parties agree in writing that the conveyancer may continue to act for one of them, the conveyancer may continue to act for that party.

19—Meaning of conflict of interest
For the purposes of this Part, a conveyancer is subject to a conflict of interest in relation to a transaction if—
(a)the duties owed by the conveyancer to one party to the transaction conflict with the duties owed by the conveyancer to the other party to the transaction (for example, if the conveyancer is obliged, in fulfilling his or her duty to one party, to withhold information or advice from the other party that, by reason of the conveyancer's duty to that other party, he or she should not withhold); or
(b)the conveyancer has a personal or pecuniary interest in the transaction arising otherwise than from the conveyancer's services as a conveyancer in respect of the transaction.

Part 4—Miscellaneous

20—Keeping of records
For the purposes of section 37A(2) of the Act, if a person who is required to keep a document or record under Part 4 or 4A of the Act uses a computer program for the purpose, the person must ensure that—
(a)an electronic copy of the document or record is made within 24 hours of the making, receipt or variation of the document or record; and
(b)an electronic copy of all the documents and records is made at least once in each month and kept so as to be protected against deterioration, loss, theft and unauthorised access, modification or use; and
(c)before any information is deleted from the computer records, a hard copy of the information is made and kept by the person as part of the person's records; and
(d)an up‑to‑date electronic copy of the computer program is made and kept so as to be protected against deterioration, loss, theft and unauthorised access, modification or use.

Schedule 1—Contracts for sale of land or businesses—forms

Form 1—Vendor’s statement (section 7)

Land and Business (Sale and Conveyancing) Act 1994

Contents

Preliminary

Part A—Parties and land
Part B—Purchaser's cooling‑off rights and proceeding with the purchase
Part C—Statement with respect to required particulars
Part D—Certificate with respect to prescribed inquiries by registered agent
Schedule

Preliminary

To the purchaser:

The purpose of a statement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 is to put you on notice of certain particulars concerning the land to be acquired.

If you intend to carry out building work on the land, change the use of the land or divide the land, you should make further inquiries to determine whether this will be permitted. For example, building work may not be permitted on land not connected to a sewerage system or common drainage scheme if the land is near a watercourse, dam, bore or the River Murray and Lakes.

The Aboriginal Heritage Act 1988 protects any Aboriginal site or object on the land. Details of any such site or object may be sought from the "traditional owners" as defined in that Act.

If you desire additional information, it is up to you to make further inquiries as appropriate.

Instructions to the vendor for completing this statement:

means strike out or omit the Part, Division, Particulars or item if not applicable.

* means strike out or omit the option that is not applicable.

If there is insufficient space to provide any particulars required, continue on attachments.

Part A—Parties and land

Purchaser:
Address:
Purchaser's registered agent:
Address:
Vendor:
Address:
Vendor's registered agent:
Address:
Date of contract (if made before this statement is served):
Description of the land:
[Identify the land including any certificate of title reference]

Part B—Purchaser's cooling‑off rights and proceeding with the purchase

To the purchaser:

Right to cool‑off

(section 5)

1—Right to cool‑off and restrictions on that right
You may notify the vendor of your intention not to be bound by the contract for the sale of the land UNLESS—
(a)you purchased by auction; or
(b)you purchased on the same day as you, or some person on your behalf, bid at the auction of the land; or
(c)you have, before signing the contract, received independent advice from a legal practitioner and the legal practitioner has signed a certificate in the prescribed form as to the giving of that advice; or
(d)you are a body corporate; or
(e)the contract is made by the exercise of an option to purchase not less than 5 clear business days after the grant of the option and not less than 2 clear business days after service of this form; or
(f)the sale is by tender and the contract is made not less than 5 clear business days after the day fixed for the closing of tenders and not less than 2 clear business days after service of this form; or

(g)the contract also provides for the sale of a business that is not a small business.

2—Time for service
The cooling‑off notice must be served—
(a)if this form is served on you before the making of the contract—before the end of the second clear business day after the day on which the contract was made; or
(b)if this form is served on you after the making of the contract—before the end of the second clear business day from the day on which this form is served.

However, if this form is not served on you at least 2 clear business days before the time at which settlement takes place, the cooling‑off notice may be served at any time before settlement.
3—Form of cooling‑off notice
The cooling‑off notice must be in writing and must be signed by you.
4—Methods of service
The cooling‑off notice must be—
(a)given to the vendor personally; or
(b)posted by registered post to the vendor at the following address:
(being the vendor's last known address); or
(c)transmitted by fax to the following fax number:
(being a number provided to you by the vendor for the purpose of service of the notice); or
(d)left for the vendor's agent (with a person apparently responsible to the agent) at, or posted by registered post to the agent at, the following address:
(being *the agent's address for service under the Land Agents Act 1994/an address nominated by the agent to you for the purpose of service of the notice).
Note—
Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling‑off notice on the purchaser. It is therefore strongly recommended that—
(a)if you intend to serve the notice by leaving it for the vendor's agent at the agent's address for service or an address nominated by the agent, you obtain an acknowledgment of service of the notice in writing;
(b)if you intend to serve the notice by fax, you obtain a transmission report in relation to the sending of the fax.

5—Effect of service
If you serve such a cooling‑off notice on the vendor, the contract will be taken to have been rescinded at the time when the notice was served. You are then entitled to the return of any money you paid under the contract other than—
(a)the amount of any deposit paid if the deposit did not exceed $100; or
(b)an amount paid for an option to purchase the land.

Proceeding with the purchase

If you wish to proceed with the purchase—

(a)it is strongly recommended that you take steps to make sure your interest in the property is adequately insured against loss or damage;
(b)pay particular attention to the provisions in the contract as to time of settlement—it is essential that the necessary arrangements are made to complete the purchase by the agreed date—if you do not do so, you may be in breach of the contract;
(c)you are entitled to retain the solicitor or registered conveyancer of your choice.

Part C—Statement with respect to required particulars

(section 7(1))

To the purchaser:

*I/We,

of
being the *vendor(s)/person authorised to act on behalf of the vendor(s) in relation to the transaction state that the Schedule contains all particulars required to be given to you pursuant to section 7(1) of the Land and Business (Sale and Conveyancing) Act 1994.

Date:

Signed:

Part D—Certificate with respect to prescribed inquiries by registered agent

(section 9)

To the purchaser:

certify *that the responses/that, subject to the exceptions stated below, the responses to the inquiries made pursuant to section 9 of the Land and Business (Sale and Conveyancing) Act 1994 confirm the completeness and accuracy of the particulars set out in the Schedule.
Exceptions:

Date:

Signed:

*Vendor's/Purchaser's agent

*Person authorised to act on behalf of *Vendor's/Purchaser's agent

Schedule—Division 1—Particulars of mortgages, charges and prescribed encumbrances affecting the land

(section 7(1)(b))

Note—
Section 7(3) of the Act provides that this statement need not include reference to charges arising from the imposition of rates or taxes less than 12 months before the date of service of the statement.
All the particulars required by column 3 of the table below in relation to a mortgage, charge or prescribed encumbrance referred to in column 1 must be set out in column 3 unless—
(a)a copy of a document is attached to this statement and—
(i)all the required particulars are contained in that document; and
(ii)those parts of the document that contain the required particulars are identified in column 3; or

(b)the mortgage, charge or prescribed encumbrance—
(i)is one of the following items in the table:
(A)under the heading "General"—
•Lease, agreement for lease, tenancy agreement or licence
•Mortgage of land;

(B)under the heading "Other"—
•Caveat
•Lien or notice of a lien
•Charge of any kind affecting the land (not included in another item); and

(ii)is registered on the certificate of title to the land; and
(iii)is to be discharged or satisfied prior to or at settlement.

Table of particulars

Column 1 Prescribed encumbrance	Column 2 Is the encumbrance to be discharged or satisfied prior to or at settlement?	Column 3 Other particulars required
Part 1—Items that must be included in statement
[If an item is not applicable strike it out or write "NOT APPLICABLE" or "N/A" in column 1.]
General
Easement (whether over the land or annexed to the land) Note—"Easement" includes rights of way and party wall rights.	*YES/NO	Description of land subject to easement: Nature of easement: Are you aware of any encroachment on the easement? YES/NO (If YES, give details): If there is an encroachment, has approval for the encroachment been given? YES/NO (If YES, give details): [attach additional page(s) if more than 1 easement]
Lease, agreement for lease, tenancy agreement or licence (The information does not include information about any sublease or subtenancy. That information may be sought by the purchaser from the lessee or tenant or sublessee or subtenant.)	*YES/NO	Names of parties: Period of lease, agreement for lease etc: From to Amount of rent or licence fee: $ per (period) Is the lease, agreement for lease etc in writing? *YES/NO If the lease or licence was granted under an Act relating to the disposal of Crown lands, specify— (a) the Act under which the lease or licence was granted: (b) the outstanding amounts due (including any interest or penalty):
Mortgage of land	*YES/NO	Number of mortgage (if registered): Name of mortgagee:
Restrictive covenant	*YES/NO	Nature of restrictive covenant: Name of person in whose favour restrictive covenant operates: Does the restrictive covenant affect the whole of the land being acquired? YES/NO (If NO, give details): Does the restrictive covenant affect land other than that being acquired? YES/NO
*Development Act 1993*
Part 3—Development Plan	*YES/NO	Title or other brief description of zone or policy area in which the land is situated (as shown in the Development Plan): Is the land situated in a designated State Heritage Area? YES/NO Is the land designated as a place of local heritage value? YES/NO Is there a current Development Plan Amendment released for public consultation by a council on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? YES/NO If YES, state the name of the council: Is there a current Development Plan Amendment released for public consultation by the Minister on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? YES/NO
section 42—Condition (that continues to apply) of a development authorisation	*YES/NO	Date of authorisation: Name of relevant authority that granted authorisation: Condition(s) of authorisation:
Repealed Act conditions
Condition (that continues to apply) of an approval or authorisation granted under the Building Act 1971 (repealed), the City of Adelaide Development Control Act 1976 (repealed), the Planning Act 1982 (repealed) or the Planning and Development Act 1966 (repealed)	*YES/NO	Nature of condition(s):
Part 2—Items to be included if land affected
[If an item is not applicable, strike it out or write "NOT APPLICABLE" or "N/A" in column 1, or else omit the items and headings that are not applicable.]
*Aboriginal Heritage Act 1988*
section 9—Registration in central archives of an Aboriginal site or object	*YES/NO	Particulars of register entry:
section 24—Directions prohibiting or restricting access to, or activities on, a site or an area surrounding a site	*YES/NO	Date of notice: Site or area to which notice relates: Directions (as stated in notice):
Part 3 Division 6—Aboriginal heritage agreement	*YES/NO	Date of agreement: Description of property subject to agreement: Names of parties: Terms of agreement:
*Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986* (repealed)
section 60—Notice for costs of destruction or control of plants on road reserve	*YES/NO	Date of notice: Name of control board giving notice: Amount payable (as stated in the notice):
*Crown Rates and Taxes Recovery Act 1945*
section 5—Notice requiring payment	*YES/NO	Date of notice: Land in respect of which Crown rates and taxes are owing: Amount owing (as stated in the notice):
*Development Act 1993*
section 50(1)—Requirement to vest land in a council or the Crown to be held as open space	*YES/NO	Date requirement given: Name of body giving requirement: Nature of requirement: Contribution payable (if any):
section 50(2)—Agreement to vest land in a council or the Crown to be held as open space	*YES/NO	Date of agreement: Names of parties: Terms of agreement: Contribution payable (if any):
section 55—Order to remove or perform work	*YES/NO	Date of order: Terms of order: Building work (if any) required to be carried out: Amount payable (if any):
section 56—Notice to complete development	*YES/NO	Date of notice: Requirements of notice: Building work (if any) required to be carried out: Amount payable (if any):
section 57—Land management agreement	*YES/NO	Date of agreement: Names of parties: Terms of agreement:
section 60—Notice of intention by building owner	*YES/NO	Date of notice: Building work proposed (as stated in the notice): Other building work as required pursuant to the Act:
section 69—Emergency order	*YES/NO	Date of order: Name of authorised officer who made order: Name of authority that appointed the authorised officer: Nature of order: Amount payable (if any):
section 71—Fire safety notice	*YES/NO	Date of notice: Name of authority giving notice: Requirements of notice: Building work (if any) required to be carried out: Amount payable (if any):
section 84—Enforcement notice	*YES/NO	Date notice given: Name of the relevant authority giving notice: Nature of directions contained in notice: Building work (if any) required to be carried out: Amount payable (if any):
section 85(6), 85(10) or 106—Enforcement order	*YES/NO	Date order made: Name of court that made order: Action number: Names of parties: Terms of order: Building work (if any) required to be carried out:
Part 11 Division 2—Proceedings	*YES/NO	Date of commencement of proceedings: Date of determination or order (if any): Terms of determination or order (if any):
*Emergency Services Funding Act 1998*
section 16—Notice to pay levy	*YES/NO	Date of notice: Amount of levy payable:
*Environment Protection Act 1993*
section 59—Environment performance agreement that is registered in relation to the land	*YES/NO	Date of agreement:
section 93—Environment protection order that is registered in relation to the land	*YES/NO	Date of issue: Compliance date(s) specified in the order:
section 93A—Environment protection order relating to cessation of activity that is registered in relation to the land	*YES/NO	Date of issue: Compliance date(s) specified in the order:
section 99—Clean‑up order that is registered in relation to the land	*YES/NO	Date of issue: Compliance date(s) specified in the order: Amount of charge on the land (if applicable and known):
section 100—Clean‑up authorisation that is registered in relation to the land	*YES/NO	Date of issue: Amount of charge on the land (if known):
section 103H—Site contamination assessment order that is registered in relation to the land	*YES/NO	Date of issue: Compliance date(s) specified in the order: Amount of charge on the land (if known):
section 103J—Site remediation order that is registered in relation to the land	*YES/NO	Date of issue: Compliance date(s) specified in the order: Amount of charge on the land (if known):
section 103N—Notice of declaration of special management area in relation to the land (due to possible existence of site contamination)	*YES/NO	Date of notice: Date of Gazette in which notice published: Description of area or areas to which the notice relates:
section 103P—Notation of site contamination audit report in relation to the land	*YES/NO	Date of notation: Note— Site contamination audit reports are kept by the EPA in the public register under section 109 of the Environment Protection Act 1993.
section 103S—Notice of prohibition or restriction on taking water affected by site contamination in relation to the land	*YES/NO	Date of notice: Date of Gazette in which notice published: Description of the water to which the notice relates: Particulars given in the notice of the site contamination affecting the water:
*Fences Act 1975*
section 5—Notice of intention to perform fencing work	*YES/NO	Date of notice: Name and address of person to whom notice was given or from whom notice was received: Particulars of relevant boundary: Kind of fence proposed to be constructed or nature of work proposed to be done to existing fence: Cost or estimated cost of fence or work (as stated in the notice): Amount sought by proponent from adjoining owner (as stated in the notice): If there is a cross‑notice under section 6, give details of— (a) the proposals objected to: (b) the counter proposals:
*Fire and Emergency Services Act 2005*
section 56—Notice of action required concerning flammable materials on land	*YES/NO	Date of notice: Name of council: Requirements of notice (as stated therein): Amount payable (if any):
section 83—Notice of action required to protect against outbreak or spread of fire	*YES/NO	Date of notice: Name of authority giving notice: Requirements of notice (as stated therein): Amount payable (if any):
*Food Act 2001*
section 44—Improvement notice	*YES/NO	Date of notice: Name of authorised officer who served notice: Name of authority that appointed officer: Requirements of notice:
section 46—Prohibition order	*YES/NO	Date of order: Name of authority or person who served order: Requirements of order:
*Fruit and Plant Protection Act 1992*
section 14 or 15—Notice or order concerning disease	*YES/NO	Date of notice or order: Date of Gazette in which notice published (if applicable): Nature of requirement, restriction or prohibition:
*Ground Water (Qualco-Sunlands) Control Act 2000*
Part 6—risk management allocation	*YES/NO	Is a waterlogging and salinity risk management allocation attached to the whole or any part of the land? *YES/NO If YES, give details of the allocation and the land to which it is attached:
section 56—Notice to pay share of Trust costs, or for unauthorised use of water, in respect of irrigated property	*YES/NO	Date of notice: Amount payable (as stated in notice):
*Heritage Places Act 1993*
section 14(2)(b)—Registration of an object of heritage significance	*YES/NO	Date of registration: Description and location of object registered:
section 17 or 18—Provisional registration or registration	*YES/NO	Description of place registered: Has the place been designated as a place of geological, palaeontological or speleological significance or archaeological significance? *YES/NO If YES, give details:
section 30—Stop order	*YES/NO	Date of order: Terms of order:
Part 6—Heritage agreement	*YES/NO	Date of agreement: Description of property subject to agreement: Names of parties: Terms of agreement:
section 38—"No development" order	*YES/NO	Date of order: Terms of order:
*Highways Act 1926*
Part 2A—Declaration as to access from any road abutting the land	*YES/NO	Date of declaration: Description of boundary of land affected:
*Housing Improvement Act 1940*
section 23—declaration that house is undesirable or unfit for human habitation	*YES/NO	Date of declaration: Those particulars required to be provided by a council under section 23:
Part 7 (rent control for substandard houses)—notice or declaration	*YES/NO	Date of notice or declaration: Those particulars required to be provided by the housing authority under section 60:
*Land Acquisition Act 1969*
section 10—Notice of intention to acquire	*YES/NO	Date of notice: Name of Authority who served notice: Description of land intended to be acquired (as described in the notice):
*Land Tax Act 1936*
Notice, order or demand for payment of land tax	*YES/NO	Date of notice, order or demand: Amount payable (as stated in the notice):
*Local Government Act 1934*
Notice, order, declaration, charge, claim or demand given or made under the Act	*YES/NO	Date of notice, order etc: Name of council by which, or person by whom, notice, order etc is given or made: Land subject thereto: Nature of requirements contained in notice, order etc: Time for carrying out requirements: Amount payable (if any):
*Local Government Act 1999*
Notice, order, declaration, charge, claim or demand given or made under the Act	*YES/NO	Date of notice, order etc: Name of council by which, or person by whom, notice, order etc is given or made: Land subject thereto: Nature of requirements contained in notice, order etc: Time for carrying out requirements: Amount payable (if any):
*Metropolitan Adelaide Road Widening Plan Act 1972*
section 6—Restriction on building work	*YES/NO	Does the restriction apply to all of the land? *YES/NO (If NO, give details about the part of the land to which the restriction applies):
*Mining Act 1971*
Mining tenement (other than an exploration licence)	*YES/NO	Type of tenement: Terms of tenement: Condition(s) (if any) the tenement is subject to:
Proclamation with respect to a private mine	*YES/NO	Date of proclamation:
*Native Vegetation Act 1991*
Part 4 Division 1—Heritage agreement	*YES/NO	Date of agreement: Description of property subject to agreement: Names of parties: Terms of agreement:
Part 5 Division 1—Refusal to grant consent, or condition of a consent, to clear native vegetation	*YES/NO	Date of refusal or grant of consent: If consent given, condition(s) (if any) of the consent:
*Natural Resources Management Act 2004*
section 97—Notice to pay levy in respect of costs of regional NRM board	*YES/NO	Date of notice: Amount of levy payable:
section 105—Notice to pay levy in respect of right to take water or taking of water	*YES/NO	Date of notice: Amount of levy payable:
section 115—Notice declaring a penalty	*YES/NO	Date of notice: Amount of penalty payable:
section 123—Notice to prepare an action plan for compliance with general statutory duty	*YES/NO	Date of notice: Name of authority or person that issued notice: Requirements of notice (as specified therein):
section 130—Notice to rectify effects of unauthorised activity	*YES/NO	Date of notice: Name of relevant authority that issued notice: Requirements of notice (as specified therein):
section 131—Notice to maintain watercourse or lake in good condition	*YES/NO	Date of notice: Name of relevant authority that issued notice: Requirements of notice (as specified therein):
section 132—Notice restricting the taking of water or directing action in relation to the taking of water	*YES/NO	Date of notice: Water resource to which notice applies: Requirements of notice (as specified therein):
section 134—Notice to remove or modify a dam, embankment, wall or other obstruction or object	*YES/NO	Date of notice: Requirements of notice (as specified therein):
section 135—Condition (that remains in force) of a permit	*YES/NO	Date of permit: Name of relevant authority that granted permit: Condition(s) of permit:
section 145—Notice to take remedial or other action in relation to a well	*YES/NO	Date of notice: Location of well: Requirements of notice (as specified therein):
section 181—Notice of instruction as to keeping of animal or plant in control area	*YES/NO	Date of notice: Name of authorised officer who issued notice: Requirements of notice (as specified therein):
section 183—Notice to prepare an action plan for the destruction or control of animals or plants	*YES/NO	Date of notice: Name of authorised officer who issued notice: Requirements of notice (as specified therein):
section 185—Notice to pay costs of destruction or control of animals or plants on road reserve	*YES/NO	Date of notice: Name of authority that issued notice: Amount payable (as specified in notice):
section 187—Notice requiring control or quarantine of animal or plant	*YES/NO	Date of notice: Requirements of notice (as specified therein):
section 193—Protection order to secure compliance with specified provisions of the Act	*YES/NO	Date of order: Name of authority or person who issued order: Requirements of order (as specified therein):
section 195—Reparation order requiring specified action or payment to make good damage resulting from contravention of the Act	*YES/NO	Date of order: Name of authority or person who issued order: Requirements of order (as specified therein):
section 197—Reparation authorisation authorising specified action to make good damage resulting from contravention of the Act	*YES/NO	Date of authorisation: Name of relevant authority that issued authorisation: Person authorised to take action: Requirements of authorisation (as specified therein):
*Phylloxera and Grape Industry Act 1995*
section 23(1)—Notice of contribution payable	*YES/NO	Date of notice: Name of person or body giving notice: Terms of notice: Amount payable (as stated in notice):
*Public and Environmental Health Act 1987*
Part 3—Notice	*YES/NO	Date of notice: Name of council or other authority giving notice: Requirements of notice:
section 36—Direction to avert spread of disease	*YES/NO	Date direction given: Name of authority giving direction: Nature of direction:
Public and Environmental Health (Waste Control) Regulations 1995 Part 2—Condition (that continues to apply) of an approval	*YES/NO	Date of approval: Name of relevant authority that granted the approval: Condition(s) of approval:
Public and Environmental Health (Waste Control) Regulations 1995 regulation 19—Maintenance order (that has not been complied with)	*YES/NO	Date of order: Name of authority giving order: Requirements of order:
*Sewerage Act 1929*
Notice, order or demand for payment of sewerage rates, other amounts payable or other requirements made under the Act	*YES/NO	Date of notice, order or demand: Amount payable (as stated in the notice): Nature of requirement made:
*Upper South East Dryland Salinity and Flood Management Act 2002*
section 23—Notice of contribution payable	*YES/NO	Date of notice: Terms of notice: Amount payable:
*Water Resources Act 1997*
section 18 (repealed)—Condition (that remains in force) of a permit	*YES/NO	Date of permit: Name of relevant authority that granted permit: Condition(s) of permit:
section 125 (or a corresponding previous enactment)—Notice to pay levy	*YES/NO	Date of notice: Amount of levy payable:
*Waterworks Act 1932*
Notice, order or demand for payment of water rates, other amounts payable or other requirements made under the Act	*YES/NO	Date of notice, order or demand: Amount payable (as stated in the notice): Nature of requirement made:
Other
Caveat	*YES/NO	Name and address of caveator: Particulars of interest claimed:
Lien or notice of a lien	*YES/NO	Land or other property subject to lien: Nature of lien: Name and address of person who has imposed lien or given notice of it:
Charge of any kind affecting the land (not included in another item)	*YES/NO	Person or body in whose favour charge exists: Nature of charge: Amount of charge (if known):

Schedule—Division 2—Other particulars

(section 7(1)(b))

Particulars of transactions in last 12 months

If the vendor, within 12 months before the date of the contract of sale—

(a)obtained title to the land; or
(b)obtained an option to purchase the land; or
(c)entered into a contract to purchase the land (whether on the vendor's own behalf or on behalf of another),

the vendor must provide the following particulars of all transactions relating to the acquisition of the interest that occurred within that 12 month period:

The name and address of each party to the transaction and of each person in whom an interest vested as a result of the transaction:
The date and nature of each instrument registered on the certificate of title or, if no such instrument has been registered, the date and nature of each document forming the whole or part of a contract relating to the transaction:
Particulars of the consideration provided for the purposes of the transaction:

The above particulars must be provided for each transaction.

Particulars relating to community lot (including strata lot) or development lot

Name of community corporation:
Address of community corporation:
Application must be made in writing to the community corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the community corporation for the documents referred to in 6 unless those documents are obtained from the Lands Titles Registration Office.
Particulars supplied by the community corporation or known to the vendor:
(a)particulars of contributions payable in relation to the lot (including details of arrears of contributions related to the lot):
(b)particulars of assets and liabilities of the community corporation:
(c)particulars of expenditure that the community corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute:
(d)if the lot is a development lot, particulars of the scheme description relating to the development lot and particulars of the obligations of the owner of the development lot under the development contract:
(e)if the lot is a community lot, particulars of the lot entitlement of the lot:
[State "not known" next to any particulars not supplied by the community corporation by the date of this statement and not known to the vendor.]
Documents supplied by the community corporation that are enclosed:
(a)a copy of the minutes of the general meetings of the community corporation and management committee *for the 2 years preceding this statement/since the deposit of the community plan;
(*Strike out whichever is the greater period)
(b)a copy of the statement of accounts of the community corporation last prepared;
(c)a copy of current policies of insurance taken out by the community corporation.
[State "not supplied" next to any document not supplied by the community corporation by the date of this statement.]
If "not known" or "not supplied" has been specified for an item in 3 or 4, set out the date of the application made to the community corporation and give details of any other steps taken to obtain the particulars or documents concerned:
The following documents are enclosed:
(a) a copy of the scheme description (if any) and the development contract (if any);
(b)a copy of the by‑laws of the community scheme.
The following additional particulars are known to the vendor or have been supplied by the community corporation:
Further inquiries may be made to the secretary of the community corporation or the appointed community scheme manager.
Name:
Address:

Note—
1A community corporation must (on application by or on behalf of a current or prospective owner or other relevant person) provide the particulars and documents referred to in 3(a)—(d) and 4 and must also make available for inspection any information required to establish the current financial position of the corporation: see sections 139 and 140 of the Community Titles Act 1996.
2Copies of the scheme description, the development contract or the by‑laws of the community scheme may be obtained from the community corporation or from the Lands Titles Registration Office.
3All owners of a community lot or a development lot are bound by the by‑laws of the community scheme. The by‑laws regulate the rights and liabilities of owners of lots in relation to their lots and the common property and matters of common concern.
4For a brief description of some of the matters that need to be considered before purchasing a community lot, see Division 3 of this Schedule.

Particulars relating to strata unit

Name of strata corporation:
Address of strata corporation:
Application must be made in writing to the strata corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the strata corporation for the articles referred to in 6 unless the articles are obtained from the Lands Titles Registration Office.
Particulars supplied by the strata corporation or known to the vendor:
(a)particulars of contributions payable in relation to the unit (including details of arrears of contributions related to the unit):
(b)particulars of the assets and liabilities of the strata corporation:
(c)particulars of expenditure that the strata corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute:
(d)particulars of the unit entitlement of the unit:
[State "not known" next to any particulars not supplied by the strata corporation by the date of this statement and not known to the vendor.]
Documents supplied by the strata corporation that are enclosed:
(a)a copy of the minutes of the general meetings of the strata corporation and management committee *for the 2 years preceding this statement/since the deposit of the strata plan;
(*Strike out whichever is the greater period)
(b)a copy of the statement of accounts of the strata corporation last prepared;
(c)a copy of current policies of insurance taken out by the strata corporation.
[State "not supplied" next to any document not supplied by the strata corporation by the date of this statement.]
If "not known" or "not supplied" has been specified for an item in 3 or 4, set out the date of the application made to the strata corporation and give details of any other steps taken to obtain the particulars or documents concerned:
A copy of the articles of the strata corporation is enclosed.
The following additional particulars are known to the vendor or have been supplied by the strata corporation:
Further inquiries may be made to the secretary of the strata corporation or the appointed strata manager.
Name:
Address:

Note—
1A strata corporation must (on application by or on behalf of a current owner, prospective purchaser or other relevant person) provide the particulars and documents referred to in 3(a)—(c), 4 and 6 and must also make available for inspection its accountancy records and minute books, the duplicate certificate of title for the common property and any documents in its possession relating to the design and construction of the buildings or improvements on the site or relating to the strata scheme.
2Copies of the articles of the strata corporation may also be obtained from the Lands Titles Registration Office.
3All owners of a strata unit are bound by the articles of the strata corporation. The articles regulate the rights and liabilities of owners of units in relation to their units and the common property and matters of common concern.
4For a brief description of some of the matters that need to be considered before purchasing a strata unit, see Division 3 of this Schedule.

Particulars of building indemnity insurance

Note—
Building indemnity insurance is not required for—
(a)domestic building work for which approval under the Development Act 1993 or the repealed Building Act 1971 is or was not required; or
(b)minor domestic building work (see section 3 of the Building Work Contractors Act 1995); or
(c)domestic building work commenced before 1 May 1987; or
(d)building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 applies under the Building Work Contractors Regulations 1996; or
(e)building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 has been granted under section 45 of that Act.

Name(s) of person(s) insured:
Name of insurer:
Limitations on the liability of the insurer:
Name of builder:
Builder's licence number:
Date of issue of insurance:
Description of insured building work:

Exemption from holding insurance under the Building Work Contractors Act 1995

If particulars of insurance are not given—

Has an exemption been granted under section 45 of the Building Work Contractors Act 1995 from the requirement to hold an insurance policy in accordance with Division 3 of Part 5 of that Act? *YES/NO
If YES, give details:
(a)Date of the exemption:
(b)Name of builder granted the exemption:
(c)Licence number of builder granted the exemption:
(d)Details of building work to which the exemption applies:
(e)Details of conditions (if any) to which the exemption is subject:

Particulars relating to asbestos in buildings on land

Note—
Asbestos means asbestos as defined in the Occupational Health, Safety and Welfare Regulations 1995.

Is there a building on the land (other than a private residence) where material that consists of or contains asbestos is installed? *YES/NO

If YES—

(a)Is there a register of the type, condition and location of the asbestos? *YES/NO
(b)Have policies and procedures been established to control the asbestos and prevent or minimise the exposure of any person to airborne asbestos fibres? *YES/NO
If YES, give details:
(c)Is any asbestos to be removed before settlement? *YES/NO
If YES, give details:

Particulars relating to court or tribunal process

If process has issued out of any court or tribunal in relation to a claim—

(a)that is stated to affect the land or the value of which is $5 000 or more; and
(b)that presently affects (or may prospectively affect) title to, or the possession or enjoyment of, the land,

the vendor must provide the following particulars:

Name of court or tribunal:
Names of parties:
Nature of claim:
Amount of claim (if applicable):
Amount of judgment (if applicable):
6 Name of judgment creditor (if applicable):

Particulars of water allocation for irrigation purposes

1—Land in an irrigation district under the Irrigation Act 1994
If the land forms part of an irrigation district constituted by or under the Irrigation Act 1994—
(a)Specify the amount of the water allocation in respect of the land under that Act:
(b)Is there an existing agreement to transfer the whole or part of the water allocation from the land or to purchase an additional allocation for the benefit of the land? *YES/NO
If YES, attach a copy of the agreement.
(c)Has the irrigation authority given notice under section 47(2) of that Act of a proposal to exclude the land from the irrigation district? *YES/NO
If YES, attach a copy of the notice.
(d)Has the irrigation authority given notice under section 54 of that Act? *YES/NO
If YES, specify—
(i)the date on which notice was given:

(ii)the requirements of the notice:
(iii)the amount (if any) payable under section 54(7) of that Act:

2—Land in the Renmark Irrigation District
If the land is situated within the Renmark Irrigation District—
(a)Specify the amount of the water allocation in respect of the land:
(b)Set out any terms and conditions to which the supply of water is subject:
(c)Has the Renmark Irrigation Trust given notice under section 65D of the Renmark Irrigation Trust Act 1936 or regulation 33 of the Renmark Irrigation Trust Regulations 1994? *YES/NO
If YES, specify—
(i)the date on which notice was given:

(ii)the requirements of the notice:
(iii)the amount (if any) payable under section 65D(3)(b) or regulation 33:

3—Land not within any kind of irrigation district

If the land is neither part of an irrigation district constituted by or under the Irrigation Act 1994 nor situated within the Renmark Irrigation District, is there an existing agreement under section 37 of that Act for the supply of water to the land? *YES/NO
If YES and the agreement is a notional agreement by virtue of clause 5 of Schedule 2 of that Act—
(a)Has the irrigation authority given notice under that clause of termination of the agreement? *YES/NO
If YES, specify—
(i)the date on which notice was given:
(ii)the date of termination of the agreement:
(b)Is there an existing agreement to transfer the whole or part of the water allocation applying in respect of the land? *YES/NO
If YES, attach a copy of the agreement;
(c)Has the irrigation authority given notice under section 54 of that Act? *YES/NO
If YES, specify—
(i)the date on which notice was given:
(ii)the requirements of the notice:
(iii)the amount (if any) payable under section 54(7) of that Act:
Note—
A notional agreement for the supply of water exists under clause 5 of Schedule 2 of the Irrigation Act 1994 if—
(a)immediately before 1 July 1994 a water allocation applied in respect of land under any of the following Acts: Irrigation Act 1930, The Irrigation on Private Property Act 1939, The Lower River Broughton Irrigation Trust Act 1938, The Kingsland Irrigation Company Act 1922, The Pyap Irrigation Trust Act 1923 or The Ramco Heights Irrigation Act 1963; and
(b)water was supplied to the land, or drained from the land, under an Act referred to in paragraph (a) during the rating period occurring immediately before 1 July 1994; and
(c)the land is not land used to carry on the business of primary production (managed as a single unit for the purpose) to which a water allocation applies under the Irrigation Act 1994.
If YES and the agreement is not a notional agreement—
(a)Attach a copy of the agreement.
(b)Does the agreement continue for the benefit of successive occupiers of the land? *YES/NO
(c)Has the irrigation authority given notice under section 54 of that Act? *YES/NO
If YES, specify—
(i)the date on which notice was given:
(ii)the requirements of the notice:
(iii)the amount (if any) payable under section 54(7) of that Act:

Particulars relating to environment protection

1—Interpretation

In this and the following items (items 1 to 6 inclusive)—
domestic activity has the same meaning as in the Environment Protection Act 1993;
environmental assessment, in relation to land, means an assessment of the existence or nature or extent of—
(a)site contamination (within the meaning of the Environment Protection Act 1993) at the land; or
(b)any other contamination of the land by chemical substances,
and includes such an assessment in relation to water on or below the surface of the land;
EPA means the Environment Protection Authority established under the Environment Protection Act 1993;
pre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the EPA as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—
(a)the nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and
(b)the suitability of the land for a particular use; and
(c)what remediation is or remains necessary for a particular use,
but does not include a site contamination audit (as defined below) completed on or after 1 July 2009;
pre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre‑1 July 2009 site audit;
prescribed commercial or industrial activity—see item 1(2);
prescribed fee means the fee prescribed under the Environment Protection Act 1993 for inspection of, or obtaining copies of information on, the public register;
public register means the public register kept by the EPA under section 109 of the Environment Protection Act 1993;
site contamination audit has the same meaning as in the Environment Protection Act 1993;
site contamination audit report has the same meaning as in the Environment Protection Act 1993.
For the purposes of this and the following items (items 1 to 6 inclusive), each of the following activities (as defined in Schedule 1 Part 1 of the Environment Protection (Site Contamination) Regulations 2008) is a prescribed commercial or industrial activity:

abrasive blasting

acid sulphate soil generation

agricultural activities

airports, aerodromes or aerospace industry

animal burial

animal dips or spray race facilities

animal feedlots

animal saleyards

asbestos disposal

asphalt or bitumen works

battery manufacture, recycling or disposal

breweries

brickworks

bulk shipping facilities

cement works

ceramic works

charcoal manufacture

coal handling or storage

coke works

compost or mulch production or storage

concrete batching works

curing or drying works

defence works

desalination plants

dredge spoil disposal or storage

drum reconditioning or recycling works

dry cleaning

electrical or electronics component manufacture

electrical substations

electrical transformer or capacitor works

electricity generation or power plants

explosives or pyrotechnics facilities

fertiliser manufacture

fibreglass manufacture

fill or soil importation

fire extinguisher or retardant manufacture

fire stations

fire training areas

foundry

fuel burning facilities

furniture restoration

gasworks

glass works

glazing

hat manufacture or felt processing

incineration

iron or steel works

laboratories

landfill sites

lime burner

metal coating, finishing or spray painting

metal forging

metal processing, smelting, refining or metallurgical works

mineral processing, metallurgical laboratories or mining or extractive industries

mirror manufacture

motor vehicle manufacture

motor vehicle racing or testing venues

motor vehicle repair or maintenance

motor vehicle wrecking yards

mushroom farming

oil recycling works

oil refineries

paint manufacture

pest control works

plastics manufacture works

printing works

pulp or paper works

railway operations

rubber manufacture or processing

scrap metal recovery

service stations

ship breaking

spray painting

tannery, fellmongery or hide curing

textile operations

transport depots or loading sites

tyre manufacture or retreading

vermiculture

vessel construction, repair or maintenance

waste depots

wastewater treatment, storage or disposal

water discharge to underground aquifer

wetlands or detention basins

wineries or distilleries

wood preservation works

woolscouring or wool carbonising works

works depots (operated by councils or utilities)

2—Pollution and site contamination on the land—questions for vendor

Is the vendor aware of any of the following activities ever having taken place at the land:
(a)storage, handling or disposal of waste or fuel or other chemicals (other than in the ordinary course of domestic activities)?
(b)importation of soil or other fill from a site at which—
(i)an activity of a kind listed in paragraph (a) has taken place; or
(ii)a prescribed commercial or industrial activity (see item 1(2) above) has taken place?
*YES/NO
If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:

The Land and Business (Sale and Conveyancing) Regulations 1995 were revoked by Sch 10 Pt 4 of the Land and Business (Sale and Conveyancing) Regulations 2010 on 31.8.2010.

Principal regulations and variations

Year	No	Reference	Commencement
1995	35	Gazette 27.4.1995 p1577	1.6.1995: r 2
1995	43	Gazette 4.5.1995 p1721	4.5.1995: r 2
1995	162	Gazette 27.7.1995 p312	27.7.1995: r 2
1995	216	Gazette 23.11.1995 p1461	1.12.1995: r 2
1996	225	Gazette 10.10.1996 p1346	4.11.1996: r 2
1997	21	Gazette 27.2.1997 p1070	1.3.1997: r 2
1998	155	Gazette 2.7.1998 p26	2.11.1998: r 2
1999	143	Gazette 1.7.1999 p55	1.7.1999: r 2
1999	200	Gazette 30.9.1999 p1395	30.9.1999: r 2
2001	150	Gazette 28.6.2001 p2480	15.7.2001: r 2
2002	156	Gazette 8.8.2002 p3035	8.10.2002: r 2
2003	210	Gazette 23.10.2003 p3883	1.12.2003: r 2
2007	51	Gazette 26.4.2007 p1410	1.6.2007: r 2
2008	209	Gazette 3.7.2008 p3214	28.7.2008: r 2
2008	260	Gazette 25.9.2008 p4588	25.9.2008: r 2
2009	47	Gazette 30.4.2009 p1557	30.4.2009 except Pt 3 (rr 10—13) & Sch 1 cl 1—1.8.2009; and except Pt 4 (rr 14—22) & Sch 1 cl 2—1.9.2009: r 2
2009	181	Gazette 18.6.2009 p2858	1.7.2009: r 2
2009	209	Gazette 23.7.2009 p3351 as varied by 196/2010	1.9.2009 immediately after Sch 1 cl 2 of 47/2009 except Pt 3 (r 6) & Sch 1 cl 3—1.3.2010 and except Pt 4 (rr 7 & 8) & Sch 1 cl 4 which were deleted by 196/2010 without coming into operation
2010	47	Gazette 10.6.2010 p2682	1.7.2010: r 2
2010	196	Gazette 26.8.2010 p4478	Sch 10 Pt 2—26.8.2010; Sch 10 Pt 3—27.8.2010; rr 3—32, Schs 1—9, Sch 10 Pts 4 & 5—31.8.2010: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Pt 1
r 2	omitted under Legislation Revision and Publication Act 2002	1.8.2009
r 3
r 3(1)
acquired a relevant interest in the land	inserted by 47/2009 r 10	1.8.2009
council search report	inserted by 47/2009 r 14(1)	1.9.2009
Crown lease	inserted by 47/2009 r 4(1)	30.4.2009
domestic partner	inserted by 51/2007 r 22	1.6.2007
prescribed body	inserted by 47/2009 r 4(2)	30.4.2009
property interest report	inserted by 47/2009 r 14(2)	1.9.2009
r 3(3)	inserted by 209/2008 r 4	28.7.2008
Pt 2
r 5	varied by 225/1996 r 3	4.11.1996
varied by 47/2009 r 5(1), (2)	30.4.2009
r 6A	inserted by 162/1995 r 3	27.7.1995
varied by 21/1997 r 3	1.3.1997
varied by 210/2003 r 4	1.12.2003
varied by 209/2008 r 5(1), (2)	28.7.2008
r 7	varied by 155/1998 r 3	2.11.1998
varied by 47/2009 r 11	1.8.2009
varied by 47/2009 r 15(1), (2)	1.9.2009
r 9	varied by 155/1998 r 4	2.11.1998
varied by 47/2009 r 12	1.8.2009
varied by 47/2009 r 16(1)—(3)	1.9.2009
r 10	varied by 47/2009 r 17	1.9.2009
r 12
r 12(1)	varied by 225/1996 r 4	4.11.1996
varied by 156/2002 r 3	8.10.2002
varied by 47/2009 r 6(1), (2)	30.4.2009
varied by 47/2009 r 18	1.9.2009
r 13	varied by 209/2008 r 6	28.7.2008
r 15
r 15(1)	varied by 225/1996 r 5	4.11.1996
varied by 47/2009 r 7(1)	30.4.2009
r 15(1a)	inserted by 47/2009 r 7(2)	30.4.2009
r 15A	inserted by 209/2008 r 7	28.7.2008
r 16	varied by 225/1996 r 6	4.11.1996
varied by 47/2009 r 19	1.9.2009
r 16A	inserted by 209/2008 r 8	28.7.2008
r 16A(4) and (5)	inserted by 260/2008 r 4	25.9.2008
rr 16B—16D	inserted by 209/2008 r 8	28.7.2008
r 16E	inserted by 209/2008 r 8	28.7.2008
r 16E(1)	varied by 260/2008 r 5(1)—(4)	25.9.2008
r 16F	inserted by 209/2008 r 8	28.7.2008
r 16G	inserted by 209/2008 r 8	28.7.2008
r 16G(1)	varied by 260/2008 r 6(1), (2)	25.9.2008
r 16G(3)—(7)	inserted by 260/2008 r 6(3)	25.9.2008
rr 16H—16J	inserted by 209/2008 r 8	28.7.2008
Pt 3
r 17
r 17(1)	varied by 150/2001 r 3	15.7.2001
varied by 51/2007 r 23	1.6.2007
Pt 4	inserted by 209/2008 r 9	28.7.2008
Sch 1 before substitution by 47/2009
Form 1
Contents list	varied by 43/1995 r 3(a)	4.5.1995
Pt A	varied by 43/1995 r 3(b)	4.5.1995
Pt B	varied by 47/2009 r 13(1)	1.8.2009
Pt D	heading varied by 43/1995 r 3(c)	4.5.1995
Sch
Div 1—Table of Particulars
Item 4	varied by 225/1996 r 7(a)	4.11.1996
Item 48	varied by 225/1996 r 7(b)	4.11.1996
substituted by 155/1998 r 5(a)	2.11.1998
Items 49—57	inserted by 155/1998 r 5(a)	2.11.1998
Item 58	inserted by 200/1999 r 3(a)	30.9.1999
Div 2
Particulars of transactions in last 12 months	substituted by 47/2009 r 13(2)	1.8.2009
Particulars relating to a community lot (including a strata lot)	inserted by 225/1996 r 7(c)	4.11.1996
Particulars of building indemnity insurance	varied by 156/2002 r 4(a)—(c)	8.10.2002
Particulars relating to a development lot	inserted by 225/1996 r 7(c)	4.11.1996
Particulars relating to environment protection	varied by 216/1995 r 3(a)	1.12.1995
varied by 225/1996 r 7(d)	4.11.1996
substituted by 155/1998 r 5(b)	2.11.1998
Form 2
Contents list	varied by 43/1995 r 3(d)	4.5.1995
Pt A	varied by 43/1995 r 3(e)	4.5.1995
Pt B	varied by 47/2009 r 13(3)	1.8.2009
Pt E	heading varied by 43/1995 r 3(f)	4.5.1995
Sch 1
Div 1
Trading statement for last 3 financial years	varied by 143/1999 r 3 (Sch cl 12)	1.7.1999
Sch 2
Div 1—Table of Particulars
Item 4	varied by 225/1996 r 7(e)	4.11.1996
Item 48	varied by 225/1996 r 7(f)	4.11.1996
substituted by 155/1998 r 5(c)	2.11.1998
Items 49—57	inserted by 155/1998 r 5(c)	2.11.1998
Item 58	inserted by 200/1999 r 3(b)	30.9.1999
Div 2	varied by 216/1995 r 3(b)	1.12.1995
Particulars of transactions in last 12 months	substituted by 47/2009 r 13(4)	1.8.2009
Particulars of building indemnity insurance	varied by 156/2002 r 4(d)—(f)	8.10.2002
Particulars relating to a community lot (including a strata lot)	inserted by 225/1996 r 7(g)	4.11.1996
Particulars relating to environment protection	varied by 216/1995 r 3(b)	1.12.1995
varied by 225/1996 r 7(h)	4.11.1996
substituted by 155/1998 r 5(d)	2.11.1998
Sch 1	substituted by 47/2009 r 20	1.9.2009
Sch 1
Form 1
Sch
Div 1	varied by 209/2009 r 4(1), (2)	1.9.2009
Div 2
Particulars relating to environment protection	substituted by 209/2009 r 4(3)	1.9.2009
Item 3	varied by 209/2009 r 6(1), (2)	1.3.2010
Form 2
Sch 2
Div 1	varied by 209/2009 r 4(4), (5)	1.9.2009
Div 2
Particulars relating to environment protection	substituted by 209/2009 r 4(6)	1.9.2009
Item 3	varied by 209/2009 r 6(3), (4)	1.3.2010
Sch 1A	inserted by 209/2008 r 10	28.7.2008
Sch 2 before substitution by 47/2009
Table 1	varied by 155/1998 r 6(a), (b)	2.11.1998
varied by 200/1999 r 4	30.9.1999
varied by 47/2009 r 8	30.4.2009
Table 2	varied by 216/1995 r 4	1.12.1995
varied by 155/1998 r 6(c)—(f)	2.11.1998
varied by 47/2009 r 8	30.4.2009
Sch 2	substituted by 47/2009 r 21	1.9.2009
substituted by 209/2009 r 5	1.9.2009
Schs 2A and 2B	inserted by 209/2008 r 11	28.7.2008
Sch 2C	inserted by 209/2008 r 11	28.7.2008
cl 1
cl 1(1)	varied by 260/2008 r 7	25.9.2008
Sch 2D	inserted by 209/2008 r 11	28.7.2008
Sch 3 before substitution by 47/2009
cl 2	varied by 155/1998 r 7(a), (b)	2.11.1998
cl 3
DENR Statement	deleted by 155/1998 r 7(c)	2.11.1998
Section 7 Statement	inserted by 155/1998 r 7(c)	2.11.1998
strata unit	inserted by 155/1998 r 7(c)	2.11.1998
Sch 3	substituted by 47/2009 r 9	30.4.2009
cl 1	varied by 47/2009 r 22(1)—(3)	1.9.2009
cl 2
cl 2(1)	varied by 47/2009 r 22(4)	1.9.2009
cl 2
cl 2(2)	varied by 181/2009 r 4(1), (2)	1.7.2009
varied by 47/2009 r 22(5)—(7)	1.9.2009
varied by 47/2010 r 4(1), (2)	1.7.2010
cl 2
cl 2(3)	varied by 181/2009 r 4(3), (4)	1.7.2009
varied by 47/2009 r 22(8)—(10)	1.9.2009
varied by 47/2010 r 4(3), (4)	1.7.2010
cl 3
related title	varied by 47/2009 r 22(11)	1.9.2009
section 7 statement	deleted by 47/2009 r 22(12)	1.9.2009

Transitional etc provisions associated with regulations or variations

Land and Business (Sale and Conveyancing) Variation Regulations 2009 (No 47 of 2009), Sch 1

1—Transitional provision relating to Part 3

A vendor's statement for the purposes of section 7 of the Land and Business (Sale and Conveyancing) Act 1994 prepared before the commencement of Part 3 of these regulations will be taken to comply with the Land and Business (Sale and Conveyancing) Regulations 1995 as varied by Part 3 if the statement—
(a)was prepared not more than 2 months before the commencement of that Part; and
(b)complies with the Act and regulations as in force immediately before the commencement of that Part; and
(c)is accurate as at the date of service of the statement on the purchaser.
A vendor's statement for the purposes of section 8 of the Land and Business (Sale and Conveyancing) Act 1994 prepared before the commencement of Part 3 of these regulations will be taken to comply with the Land and Business (Sale and Conveyancing) Regulations 1995 as varied by Part 3 if the statement—
(a)was prepared not more than 2 months before the commencement of that Part; and
(b)complies with the Act and regulations as in force immediately before the commencement of that Part; and
(c)is accurate as at the date of service of the statement on the purchaser.
A reference in this clause to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Land and Business (Sale and Conveyancing) Act 1994, a reference to the presumed date of service of the statement under that section.

2—Transitional provision relating to Part 4

A vendor's statement for the purposes of section 7 of the Land and Business (Sale and Conveyancing) Act 1994 prepared before the commencement of Part 4 of these regulations will be taken to comply with the Land and Business (Sale and Conveyancing) Regulations 1995 as varied by Part 4 if the statement—
(a)was prepared not more than 2 months before the commencement of Part 4; and
(b)complies with the Act and regulations as in force—
(i)if prepared before the commencement of Part 3 of these regulations—immediately before the commencement of Part 3;
(ii)if prepared after the commencement of Part 3—immediately before the commencement of Part 4; and
(c)is accurate as at the date of service of the statement on the purchaser.
A vendor's statement for the purposes of section 8 of the Land and Business (Sale and Conveyancing) Act 1994 prepared before the commencement of Part 4 of these regulations will be taken to comply with the Land and Business (Sale and Conveyancing) Regulations 1995 as varied by Part 4 if the statement—
(a)was prepared not more than 2 months before the commencement of Part 4; and
(b)complies with the Act and regulations as in force—
(i)if prepared before the commencement of Part 3 of these regulations—immediately before the commencement of Part 3;
(ii)if prepared after the commencement of Part 3—immediately before the commencement of Part 4; and
(c)is accurate as at the date of service of the statement on the purchaser.
A reference in this clause to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Land and Business (Sale and Conveyancing) Act 1994, a reference to the presumed date of service of the statement under that section.

Land and Business (Sale and Conveyancing) (Site Contamination) Variation Regulations 2009 (No 209 of 2009), Sch 1

Part 1—Transitional provisions

1—Interpretation

In this Part—
Act means the Land and Business (Sale and Conveyancing) Act 1994;
earlier amending regulations means the Land and Business (Sale and Conveyancing) Variation Regulations 2009 (see Gazette 30.04.2009 p1557);
principal regulations means the Land and Business (Sale and Conveyancing) Regulations 1995.
A reference in this Part to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Act, a reference to the presumed date of service of the statement under that section.

2—Transitional provision relating to Part 4 of earlier amending regulations and Part 2 of these regulations

A vendor's statement for the purposes of section 7 of the Act prepared before the commencement of Part 4 of the earlier amending regulations and Part 2 of these regulations will be taken to comply with the principal regulations as varied by Part 4 of the earlier amending regulations and Part 2 of these regulations if the statement—
(a)was prepared not more than 2 months before the commencement of Part 4 of the earlier amending regulations; and
(b)complies with the Act and regulations as in force—
(i)if prepared before the commencement of Part 3 of the earlier amending regulations—immediately before the commencement of Part 3 of the earlier amending regulations;
(ii)if prepared after the commencement of Part 3 of the earlier amending regulations—immediately before the commencement of Part 4 of the earlier amending regulations; and
(c)is accurate as at the date of service of the statement on the purchaser.
A vendor's statement for the purposes of section 8 of the Act prepared before the commencement of Part 4 of the earlier amending regulations and Part 2 of these regulations will be taken to comply with the principal regulations as varied by Part 4 of the earlier amending regulations and Part 2 of these regulations if the statement—
(a)was prepared not more than 2 months before the commencement of Part 4 of the earlier amending regulations; and
(b)complies with the Act and regulations as in force—
(i)if prepared before the commencement of Part 3 of the earlier amending regulations—immediately before the commencement of Part 3 of the earlier amending regulations;
(ii)if prepared after the commencement of Part 3 of the earlier amending regulations—immediately before the commencement of Part 4 of the earlier amending regulations; and
(c)is accurate as at the date of service of the statement on the purchaser.

3—Transitional provision relating to Part 3 of these regulations

A vendor's statement for the purposes of section 7 of the Act prepared before the commencement of Part 3 of these regulations will be taken to comply with the principal regulations as varied by Part 3 if the statement—
(a)was prepared not more than 2 months before the commencement of that Part; and
(b)complies with the Act and regulations as in force immediately before the commencement of that Part; and
(c)is accurate as at the date of service of the statement on the purchaser.
A vendor's statement for the purposes of section 8 of the Act prepared before the commencement of Part 3 of these regulations will be taken to comply with the principal regulations as varied by Part 3 if the statement—
(a)was prepared not more than 2 months before the commencement of that Part; and
(b)complies with the Act and regulations as in force immediately before the commencement of that Part; and
(c)is accurate as at the date of service of the statement on the purchaser.

Part 2—Permitted form of items relating to environment protection in vendor's statement (pending commencement of all provisions of these regulations)

5—Permitted form of items relating to environment protection in vendor's statement
The portion of a vendor's statement comprising the items under the heading " Particulars relating to environment protection" in Schedule 1, Form 1, Schedule, Division 2 or Schedule 1, Form 2, Schedule 2, Division 2 of the principal regulations will be taken to be in the form required by the principal regulations as varied by Part 2 of these regulations (and as subsequently varied by Part 3 and Part 4 of these regulations) if the items and heading are in the following form:
Particulars relating to environment protection
1—Interpretation
(1)In this and the following items (items 1 to 6 inclusive)—
domestic activity has the same meaning as in the Environment Protection Act 1993;
environmental assessment, in relation to land, means an assessment of the existence or nature or extent of—
(a)site contamination (within the meaning of the Environment Protection Act 1993) at the land; or
(b)any other contamination of the land by chemical substances,

and includes such an assessment in relation to water on or below the surface of the land;
EPA means the Environment Protection Authority established under the Environment Protection Act 1993;
pre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the EPA as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—
(a)the nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and
(b)the suitability of the land for a particular use; and
(c)what remediation is or remains necessary for a particular use,

but does not include a site contamination audit (as defined below) completed on or after 1 July 2009;
pre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre‑1 July 2009 site audit;
prescribed commercial or industrial activity—see item 1(2);
prescribed fee means the fee prescribed under the Environment Protection Act 1993 for inspection of, or obtaining copies of information on, the public register;
public register means the public register kept by the EPA under section 109 of the Environment Protection Act 1993;
site contamination audit has the same meaning as in the Environment Protection Act 1993;
site contamination audit report has the same meaning as in the Environment Protection Act 1993.
(2)For the purposes of this and the following items (items 1 to 6 inclusive), each of the following activities (as defined in Schedule 1 Part 1 of the Environment Protection (Site Contamination) Regulations 2008) is a prescribed commercial or industrial activity:

abrasive blasting

acid sulphate soil generation

agricultural activities

airports, aerodromes or aerospace industry

animal burial

animal dips or spray race facilities

animal feedlots

animal saleyards

asbestos disposal

asphalt or bitumen works

battery manufacture, recycling or disposal

breweries

brickworks

bulk shipping facilities

cement works

ceramic works

charcoal manufacture

coal handling or storage

coke works

compost or mulch production or storage

concrete batching works

curing or drying works

defence works

desalination plants

dredge spoil disposal or storage

drum reconditioning or recycling works

dry cleaning

electrical or electronics component manufacture

electrical substations

electrical transformer or capacitor works

electricity generation or power plants

explosives or pyrotechnics facilities

fertiliser manufacture

fibreglass manufacture

fill or soil importation

fire extinguisher or retardant manufacture

fire stations

fire training areas

foundry

fuel burning facilities

furniture restoration

gasworks

glass works

glazing

hat manufacture or felt processing

incineration

iron or steel works

laboratories

landfill sites

lime burner

metal coating, finishing or spray painting

metal forging

metal processing, smelting, refining or metallurgical works

mineral processing, metallurgical laboratories or mining or extractive industries

mirror manufacture

motor vehicle manufacture

motor vehicle racing or testing venues

motor vehicle repair or maintenance

motor vehicle wrecking yards

mushroom farming

oil recycling works

oil refineries

paint manufacture

pest control works

plastics manufacture works

printing works

pulp or paper works

railway operations

rubber manufacture or processing

scrap metal recovery

service stations

ship breaking

spray painting

tannery, fellmongery or hide curing

textile operations

transport depots or loading sites

tyre manufacture or retreading

vermiculture

vessel construction, repair or maintenance

waste depots

wastewater treatment, storage or disposal

water discharge to underground aquifer

wetlands or detention basins

wineries or distilleries

wood preservation works

woolscouring or wool carbonising works

works depots (operated by councils or utilities)

2—Pollution and site contamination on the land—questions for vendor
(1)Is the vendor aware of any of the following activities ever having taken place at the land:
(a)storage, handling or disposal of waste or fuel or other chemicals (other than in the ordinary course of domestic activities)?
(b)importation of soil or other fill from a site at which—
(i)an activity of a kind listed in paragraph (a) has taken place; or
(ii)a prescribed commercial or industrial activity (see item 1(2) above) has taken place?

*YES/NO
If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:
(2)Is the vendor aware of any prescribed commercial or industrial activities (see item 1(2) above) ever having taken place at the land?
*YES/NO
If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:
(3)Is the vendor aware of any dangerous substances ever having been kept at the land pursuant to a licence under the Dangerous Substances Act 1979?
*YES/NO
If YES, give details of all dangerous substances that the vendor is aware of and whether they were kept at the land before or after the vendor acquired an interest in the land:
(4)Is the vendor aware of the sale or transfer of the land or part of the land ever having occurred subject to an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?
*YES/NO
If YES, give details of each sale or transfer and agreement that the vendor is aware of:
(5)Is the vendor aware of an environmental assessment of the land or part of the land ever having been carried out or commenced (whether or not completed)?
*YES/NO
If YES, give details of all environmental assessments that the vendor is aware of and whether they were carried out or commenced before or after the vendor acquired an interest in the land:
Note—
These questions relate to details about the land that may be known by the vendor. A "YES" answer to the questions at items 2(1) or 2(2) may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.
A "YES" answer to any of the questions in this item may indicate the need for the purchaser to seek further information regarding the activities, for example, from the council or the EPA.

3—Licences and exemptions recorded by EPA in public register
Does the EPA hold any of the following details in the public register:
(a)details of a current licence issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—
(i)a waste or recycling depot (as referred to in clause 3(3) of Schedule 1 Part A of that Act); or
(ii)activities producing listed wastes (as referred to in clause 3(4) of Schedule 1 Part A of that Act); or
(iii)any other prescribed activity of environmental significance under Schedule 1 of that Act?

*YES/NO
Note—
Subparagraph (iii) must be completed if the form is prepared on or after 1 March 2010.

(b)details of a licence no longer in force issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—
(i)a waste or recycling depot (as referred to in clause 3(3) of Schedule 1 Part A of that Act); or
(ii)activities producing listed wastes (as referred to in clause 3(4) of Schedule 1 Part A of that Act); or
(iii)any other prescribed activity of environmental significance under Schedule 1 of that Act?

*YES/NO
Note—
Subparagraph (iii) must be completed if the form is prepared on or after 31 August 2010.

(ba)details of a current exemption issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?
*YES/NO
Note—
Paragraph (ba) must be completed if the form is prepared on or after 1 March 2010.

(bb)details of an exemption no longer in force issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?
*YES/NO
Note—
Paragraph (bb) must be completed if the form is prepared on or after 31 August 2010.

(c)details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to operate a waste depot at the land?
*YES/NO
(d)details of a licence issued under the repealed Waste Management Act 1987 to operate a waste depot at the land?
*YES/NO
(e)details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act) at the land?
*YES/NO
(f)details of a licence issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act) at the land?
*YES/NO
Note—
These questions relate to details about licences and exemptions required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions—
•in the case of a licence or exemption under the Environment Protection Act 1993—
-the purchaser may obtain a copy of the licence or exemption from the public register on payment of the prescribed fee; and
-the purchaser should note that transfer of a licence or exemption is subject to the conditions of the licence or exemption and the approval of the EPA (see section 49 of the Environment Protection Act 1993); and

•in the case of a licence under a repealed Act—the purchaser may obtain details about the licence from the public register on payment of the prescribed fee.

A "YES" answer to any of these questions may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.
The EPA will not provide details about licences to conduct the following prescribed activities of environmental significance (within the meaning of Schedule 1 Part A of the Environment Protection Act 1993): waste transport business (category A), waste transport business (category B), dredging, earthworks drainage, any other activities referred to in Schedule 1 Part A undertaken by means of mobile works, helicopter landing facilities, marinas and boating facilities or discharges to marine or inland waters.
The EPA will not provide details about exemptions relating to—
•the conduct of any of the licensed activities in the immediately preceding paragraph in this note; or
•noise.

4—Pollution and site contamination on the land—details recorded by EPA in public register
Does the EPA hold any of the following details in the public register in relation to the land or part of the land:
(a)details of serious or material environmental harm caused or threatened in the course of an activity (whether or not notified under section 83 of the Environment Protection Act 1993)?
*YES/NO
(b)details of site contamination notified to the EPA under section 83A of the Environment Protection Act 1993?
*YES/NO
(c)a copy of a report of an environmental assessment (whether prepared by the EPA or some other person or body and whether or not required under legislation) that forms part of the information required to be recorded in the public register?
*YES/NO
(d)a copy of a site contamination audit report?
*YES/NO
(e)details of an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?
*YES/NO
(f)details of an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?
*YES/NO
(g)details of an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?
*YES/NO
(h)details of a notification under section 103Z(1) of the Environment Protection Act 1993 relating to the commencement of a site contamination audit?
*YES/NO
(i)details of a notification under section 103Z(2) of the Environment Protection Act 1993 relating to the termination before completion of a site contamination audit?
*YES/NO
(j)details of records, held by the former South Australian Waste Management Commission under the repealed Waste Management Act 1987, of waste (within the meaning of that Act) having been deposited on the land between 1 January 1983 and 30 April 1995?
*YES/NO
Note—
These questions relate to details required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the public register on payment of the prescribed fee.

5—Pollution and site contamination on the land—other details held by EPA
Does the EPA hold any of the following details in relation to the land or part of the land:
(a)a copy of a report known as a "Health Commission Report" prepared by or on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976)?
*YES/NO
(b)details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?
*YES/NO
(c)details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?
*YES/NO
(d)a copy of a pre‑1 July 2009 site audit report?
*YES/NO
(e)details relating to the termination before completion of a pre‑1 July 2009 site audit?
*YES/NO
Note—
These questions relate to details that the EPA may hold. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the EPA (on payment of any fee fixed by the EPA).

5A—Further information held by councils
Does the council hold details of any development approvals relating to—
(a)commercial or industrial activity at the land; or
(b)a change in the use of the land or part of the land (within the meaning of the Development Act 1993)?

*YES/NO
Note—
The question relates to information that the council for the area in which the land is situated may hold. If the council answers "YES" to the question, it will provide a description of the nature of each development approved in respect of the land. The purchaser may then obtain further details from the council (on payment of any fee fixed by the council). However, it is expected that the ability to supply further details will vary considerably between councils.

A "YES" answer to paragraph (a) of the question may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.
It should be noted that—
(a)the approval of development by a council does not necessarily mean that the development has taken place;
(b)the council will not necessarily be able to provide a complete history of all such development that has taken place at the land.

6—Further information for purchasers
Note—
The purchaser is advised that other matters under the Environment Protection Act 1993 (that is, matters other than those referred to in this Statement) that may be relevant to the purchaser's further enquiries may also be recorded in the public register. These include:
•details relating to environmental authorisations such as applications, applicants, locations of activities, conditions, suspension, cancellation or surrender of authorisations, disqualifications, testing requirements and test results;
•details relating to activities undertaken on the land under licences or other environmental authorisations no longer in force;
•written warnings relating to alleged contraventions of the Environment Protection Act 1993;
•details of prosecutions and other enforcement action;
•details of civil proceedings;
•other details prescribed under the Environment Protection Act 1993 (see section 109(3)(l)).

Details of these matters may be obtained from the public register on payment to the EPA of the prescribed fee.
If—
(a)an environment performance agreement, environment protection order, clean‑up order, clean‑up authorisation, site contamination assessment order or site remediation order has been registered on the certificate of title for the land; or
(b)a notice of declaration of special management area in relation to the land has been gazetted; or
(c)a notation has been made on the certificate of title for the land that a site contamination audit report has been prepared in respect of the land; or
(d)a notice of prohibition or restriction on taking water affected by site contamination in relation to the land has been gazetted,

it will be noted in the items under the heading Environment Protection Act 1993 under the Table of Particulars in this Statement. Details of any registered documents may be obtained from the Lands Titles Registration Office.

Historical versions

Reprint No 1—4.11.1996
Reprint No 2—1.3.1997
Reprint No 3—2.11.1998
Reprint No 4—1.7.1999
Reprint No 5—30.9.1999
Reprint No 6—15.7.2001
Reprint No 7—8.10.2002
Reprint No 8—1.12.2003
1.6.2007
28.7.2008
25.9.2008
30.4.2009
1.7.2009
1.8.2009
1.9.2009
1.3.2010

Appendix—Divisional penalties and expiation fees

At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division	Maximum imprisonment	Maximum fine	Expiation fee
1	15 years	$60 000	—
2	10 years	$40 000	—
3	7 years	$30 000	—
4	4 years	$15 000	—
5	2 years	$8 000	—
6	1 year	$4 000	$300
7	6 months	$2 000	$200
8	3 months	$1 000	$150
9	–	$500	$100
10	–	$200	$75
11	–	$100	$50
12	–	$50	$25

Note: This appendix is provided for convenience of reference only.

abrasive blasting	acid sulphate soil generation	agricultural activities
airports, aerodromes or aerospace industry	animal burial	animal dips or spray race facilities
animal feedlots	animal saleyards	asbestos disposal
asphalt or bitumen works	battery manufacture, recycling or disposal	breweries
brickworks	bulk shipping facilities	cement works
ceramic works	charcoal manufacture	coal handling or storage
coke works	compost or mulch production or storage	concrete batching works
curing or drying works	defence works	desalination plants
dredge spoil disposal or storage	drum reconditioning or recycling works	dry cleaning
electrical or electronics component manufacture	electrical substations	electrical transformer or capacitor works
electricity generation or power plants	explosives or pyrotechnics facilities	fertiliser manufacture
fibreglass manufacture	fill or soil importation	fire extinguisher or retardant manufacture
fire stations	fire training areas	foundry
fuel burning facilities	furniture restoration	gasworks
glass works	glazing	hat manufacture or felt processing
incineration	iron or steel works	laboratories
landfill sites	lime burner	metal coating, finishing or spray painting
metal forging	metal processing, smelting, refining or metallurgical works	mineral processing, metallurgical laboratories or mining or extractive industries
mirror manufacture	motor vehicle manufacture	motor vehicle racing or testing venues
motor vehicle repair or maintenance	motor vehicle wrecking yards	mushroom farming
oil recycling works	oil refineries	paint manufacture
pest control works	plastics manufacture works	printing works
pulp or paper works	railway operations	rubber manufacture or processing
scrap metal recovery	service stations	ship breaking
spray painting	tannery, fellmongery or hide curing	textile operations
transport depots or loading sites	tyre manufacture or retreading	vermiculture
vessel construction, repair or maintenance	waste depots	wastewater treatment, storage or disposal
water discharge to underground aquifer	wetlands or detention basins	wineries or distilleries
wood preservation works	woolscouring or wool carbonising works	works depots (operated by councils or utilities)