Land and Business (Sale and Conveyancing) Regulations 2010 (SA)

South Australia

Land and Business (Sale and Conveyancing) Regulations 2010

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

Part 1Preliminary1Short title

These regulations may be cited as the Land and Business (Sale and Conveyancing) Regulations 2010.

3Interpretation

1. (1)

   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;

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 16).

1. (2)

   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.

2. (3)

   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.

Part 2Contracts for sale of land or businesses4Forms

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.

5Qualified 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—

1. (a)

   CPA Australia; or

2. (b)

   the Institute of Chartered Accountants in Australia; or

3. (c)

   the National Institute of Accountants; or

4. (d)

   the Association of Taxation and Management Accountants; or

5. (e)

   the National Tax and Accountants' Association Limited as a Fellow.

6Cooling-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.

7Sale 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 and Transport, or by the Urban Renewal Authority with respect to sale deferred purchase arrangements under the Industrial and Commercial Premises Scheme.

8Sale 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—

1. (a)

   Parts A, B and C of Form 1; and

2. (b)

   the following headings and items of the table of particulars set out in Division 1 of the Schedule of Form 1:

   1. (i)

      heading "1. General" and items 1.1, 1.2, 1.3 and 1.4;

   2. (ii)

      heading "5. Development Act 1993 (repealed)" and item 5.1;

   3. (iii)

      heading "6. Repealed Act conditions" and item 6.1;

   4. (iv)

      heading "29. Planning, Development and Infrastructure Act 2016" and items 29.1 and 29.2; and

3. (c)

   such other items in 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 the headings to those items); and

4. (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

5. (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

6. (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.

9Sale of land – particulars required, prescribed encumbrances and prescribed matters

For the purposes of section 7(1)(b) of the Act—

1. (a)

   the particulars required to be set out in the vendor's statement are the particulars required by the Schedule of Form 1;

2. (b)

   the encumbrances specified in Division 1 of the Schedule of Form 1 are prescribed encumbrances;

3. (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.

10Sale 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—

1. (a)

   Parts A, B, C and D of Form 2; and

2. (b)

   Schedule 1 of Form 2; and

3. (c)

   if land is sold under a contract for the sale of a small business—

   1. (i)

      Part 1 of the table of particulars set out in Form 2 Schedule 2 Division 1; and

   2. (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

   3. (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

   4. (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

   5. (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

4. (d)

   if the matters set out under the heading "Particulars relating to environment protection" 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; and

5. (e)

   if—

   1. (i)

      the business the subject of the sale involves the keeping or handling of livestock, the handling of livestock products or the handling of property in connection with such an activity; and

   2. (ii)

      the matters set out under the heading "Particulars relating to Livestock Act 1997" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, that business,

the parts of that Division that contain those matters.

11Sale of small business – prescribed particulars

For the purposes of section 8(1)(b) of the Act, the prescribed particulars are—

1. (a)

   the particulars set out in Form 2 Schedule 1; and

2. (b)

   if the matters set out under the heading "Particulars relating to environment protection" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, the business subject to the sale—the particulars set out in that form relating to those matters; and

3. (c)

   if—

   1. (i)

      the business the subject of the sale involves the keeping or handling of livestock, the handling of livestock products or the handling of property in connection with such an activity; and

   2. (ii)

      the matters set out under the heading "Particulars relating to Livestock Act 1997" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, that business,

the particulars set out in that form relating to those matters.

12Sale 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.

13Sale of land – prescribed inquiries

1. (1)

   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:

   1. (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

   2. (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

   3. (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

   4. (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

   5. (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

   6. (f)

      to inquire—

      1. (i)

         in relation to a charge or prescribed encumbrance specified in column 1 of table 1 in Schedule 3, 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

      2. (ii)

         in relation to a matter specified in column 1 of table 2 in Schedule 3, 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

   7. (g)

      to seek, from the vendor and the bodies specified in column 2 of the tables set out in Schedule 3, 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

   8. (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.

2. (2)

   In subregulation (1) a reference to the relevant part of the prescribed form is a reference to—

   1. (a)

      in the case of the sale of land not under a contract for the sale of a business—the Schedule of Form 1;

   2. (b)

      in the case of the sale of land under a contract for the sale of a small business—Schedule 2 of Form 2.

14Sale 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—

1. (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;

2. (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.

16Sale of land – provision of information etc by councils, statutory authorities and prescribed bodies

1. (1)

   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 13 requires to be sought from that body.

2. (2)

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

3. (3)

   For the purposes of section 12(3) of the Act, an application must be accompanied by—

   1. (a)

      the appropriate prescribed fee; and

   2. (b)

      the following documents:

      1. (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 certificate of title;

      2. (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;

      3. (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.

17Prescribed 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 2.

18Defences

For the purposes of section 16 of the Act—

1. (a)

   the persons and bodies to which inquiries to obtain information are required to be made are as follows:

   1. (i)

      for information relating to a mortgage, charge or prescribed encumbrance specified in column 1 of table 1 set out in Schedule 3—the persons and bodies specified in column 2 opposite;

   2. (ii)

      for information relating to a matter specified in column 1 of table 2 set out in Schedule 3—the persons and bodies specified in column 2 opposite;

   3. (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);

2. (b)

   the certificate signed by the legal practitioner must be in the form set out in Part A of Form 3;

3. (c)

   the instrument of waiver signed by the purchaser must be in the form set out in Part B of Form 3.

19Authority to act as agent

1. (1)

   For the purposes of section 20(1)(c)(ii) of the Act, the prescribed number of days is 90.

2. (2)

   For the purposes of section 20(1)(e) of the Act, a sales agency agreement must comply with the following:

   1. (a)

      the agreement must be printed or typewritten in not smaller than 10‑point type, however, variations to the sales agency agreement may be handwritten provided they are legible;

   2. (b)

      the agreement must specify—

      1. (i)

         the land that is the subject of the agreement (whether by street address or description sufficient to identify the land); and

      2. (ii)

         the full names of the vendor and agent; and

      3. (iii)

         the agent's registration number; and

      4. (iv)

         the chattels that are included in or excluded from sale; and

      5. (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;

   3. (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.

3. (3)

   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.

4. (4)

   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—

   1. (a)

      the South Australian Housing Trust; or

   2. (b)

      the Public Trustee; or

   3. (c)

      the Urban Renewal Authority.

5. (5)

   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—

   1. (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

   2. (b)

      the land or part of the land has been subdivided by the vendor.

6. (6)

   For the purposes of section 20(6a)(b)(i)(B) of the Act, the prescribed number of days is 90.

7. (7)

   For the purposes of section 20(6a)(b)(ii) of the Act, the prescribed number of days is 180.

20Requirements 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:

1. (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. It is advisable to check section 5 of the Land and Business (Sale and Conveyancing) Act 1994 regarding any cooling‑off rights that you may have and how to exercise them.;

1. (b)

   the offer must, in any other case—

   1. (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. If you do enter into a contract of sale, it is advisable to check section 5 of the Land and Business (Sale and Conveyancing) Act 1994 regarding any cooling-off rights that you may have and how to exercise them.; and

   1. (ii)

      include the following details, printed or typewritten in not smaller than 12‑point type:

      1. (A)

         the full name of the offeror;

      2. (B)

         the land that is the subject of the offer (whether by street address or description sufficient to identify the land);

      3. (C)

         the amount of the offer;

      4. (D)

         any conditions to which the offer is subject (for example, finance, sale of another property or satisfactory building or land inspection report);

      5. (E)

         the proposed date of settlement or length of time between the signing of the contract of sale and settlement.

20ARepresentations as to likely selling price in marketing residential land

Section 24A(1)(c) of the Act does not apply in relation to statements made in marketing land for sale by auction.

21Financial and investment advice

For the purposes of section 24B of the Act, an agent or sales representative who provides financial or investment advice to a person in connection with the sale or purchase of land or a business must—

1. (a)

   in the case of oral advice—immediately before giving the advice, give the person warning of the matters set out in Schedule 4 orally, prefaced by the words "I am legally required to give you this warning"; or

2. (b)

   in the case of written advice—at the same time as giving the advice or as soon as reasonably practicable after giving the advice, give the person a notice in the form set out in Schedule 4, printed or typewritten in not smaller than 12‑point type.

22Agent 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 5 printed or typewritten in not smaller than 12‑point type.

23Agent to supply valuation in prescribed circumstances

1. (1)

   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—

   1. (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

   2. (b)

      as a result of that contact, the agent has been authorised to sell the land on behalf of the owner; and

   3. (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.

2. (2)

   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.

24Agent 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.

25Restriction on obtaining beneficial interest in selling or appraising property

1. (1)

   For the purposes of section 24G(5) of the Act—

   1. (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

   2. (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

   3. (c)

      the Commissioner may refuse the application—

      1. (i)

         if the applicant has not provided the information required by the application or the Commissioner; or

      2. (ii)

         if, in the opinion of the Commissioner—

         1. (A)

            the information provided by the applicant is inaccurate, incomplete or calculated to mislead; or

         2. (B)

            the agent or sales representative is not acting in the best interests of the vendor; or

         3. (C)

            the vendor is likely to suffer detriment as a result of the transaction; or

      3. (iii)

         if, in the case of a beneficial interest in land (whether to be obtained by the agent or sales representative in his or her own right or by an associate of the agent or sales representative)—

         1. (A)

            a formal written valuation of the land has not been carried out; or

         2. (B)

            such a valuation has been carried out but—

            • •

              the person who carried out the valuation was not authorised to carry on business as a land valuer under the Land Valuers Act 1994; or

            • •

              the person who carried out the valuation was not approved by the Commissioner; or

            • •

              the cost of the valuation was not borne by the agent, sales representative or associate (as the case may be) who obtained the beneficial interest; or

         3. (C)

            the vendor has not been given a copy of the land valuer's report.

2. (2)

   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.

3. (3)

   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—

   1. (a)

      the beneficial interest is obtained as a result of the sale of the land or business; and

   2. (b)

      the sale is by public auction that satisfies the requirements of subregulation (7).

4. (4)

   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—

   1. (a)

      the beneficial interest is obtained as a result of the sale of the land or business; and

   2. (b)

      the sale is by public auction that satisfies the requirements of subregulation (7).

5. (5)

   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—

   1. (a)

      the beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and

   2. (b)

      the sale is by public auction that satisfies the requirements of subregulation (7).

6. (6)

   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—

   1. (a)

      the beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and

   2. (b)

      the sale is by public auction that satisfies the requirements of subregulation (7).

7. (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.

8. (8)

   For the purposes of section 24G(10b) of the Act, the form prescribed for a certificate referred to in that section is the form determined by the Commissioner.

26Standard conditions of auction for residential land

For the purposes of section 24I(1) of the Act, the conditions set out in Schedule 6 are prescribed.

27Preliminary actions and records required for auctions of residential land

1. (2)

   For the purposes of section 24J(1)(c), (e) and (j) of the Act—

   1. (a)

      the following details relating to an auction must be included in the auction record before the commencement of the auction:

      1. (i)

         the street address of the land or a description of the land sufficient to identify it;

      2. (ii)

         the full name of the vendor, the responsible agent and the auctioneer;

      3. (iii)

         the date and time of the auction;

      4. (iv)

         for the bidders register—

         1. (A)

            the full name and address of each person intending to bid at the auction (subject to the requirements of paragraph (c)); and

         2. (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

         3. (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;

   2. (b)

      the following details relating to bidding or subsequent events must be entered in the auction record:

      1. (i)

         for the bidders register if the auction is interrupted in order to register a further person as an intending bidder in the register—

         1. (A)

            the full name and address of the person (subject to the requirements of paragraph (c)); and

         2. (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

         3. (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;

      2. (ii)

         if the land is sold at the auction—

         1. (A)

            the full name and address of the purchaser; and

         2. (B)

            the amount for which the land was sold;

      3. (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)—

         1. (A)

            the full name and address of that person; and

         2. (B)

            the amounts offered by that person for the land during those negotiations; and

         3. (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;

   3. (c)

      details of an intending bidder must not be entered in the bidders register unless—

      1. (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

      2. (ii)

         if the intending bidder is proposing to bid on behalf of another person, the bidder has—

         1. (A)

            provided to the agent a written authority to so act signed by the other person; and

         2. (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.

2. (3)

   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.

3. (4)

   There are exemptions from the application of section 24J(3) of the Act as follows:

   1. (a)

      the responsible agent or, if a different person, the auctioneer is exempt insofar as the agent or auctioneer—

      1. (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

      2. (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

      3. (iii)

         discloses or makes use of information in the auction record as permitted by section 24J(3) of the Act;

   2. (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;

   3. (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.

28Collusive 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 must be—

1. (a)

   in the form set out in Schedule 7, printed or typewritten in not smaller than 12‑point type; and

2. (b)

   made available for perusal by members of the public at the place at which the auction is to be conducted for at least 30 minutes before the auction is due to commence.

Part 3Dual representation

29Circumstances in which conveyancer may act for both parties

1. (1)

   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—

   1. (a)

      the transferor and transferee or the grantor and grantee (in this Part referred to as both parties)—

      1. (i)

         are related to one another by blood, adoption or marriage; or

      2. (ii)

         are domestic partners one of the other; or

      3. (iii)

         are bodies corporate that are related to each other for the purposes of the Corporations Act 2001 of the Commonwealth; or

      4. (iv)

         are a proprietary company and a person who is a shareholder or director of that company; or

      5. (v)

         are registered as the proprietors of the relevant land as tenants in common or joint tenants with one another; or

      6. (vi)

         carry on business in partnership with each other; or

   2. (b)

      the conveyancer has obtained from both parties a written acknowledgment, or general authority, in the form set out in Schedule 9.

2. (2)

   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.

30Conveyancer must cease to act if conflict of interest arises

1. (1)

   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.

Maximum penalty: $5 000.

1. (2)

   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.

31Meaning 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—

1. (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

2. (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 3AService of notices or documents

31AService by fax or email of vendor's statement, certificate of agent acting on behalf of purchaser or notice of amendment to vendor's statement

The following notices or documents required or authorised to be given to or served on a person under the Act may (instead of a method of service set out in section 17 of the Act) be given to or served on the person by transmission to the person by fax or email to a fax number or email address provided by the person for the purpose (in which case the notice or document is taken to be given or served at the time of transmission of the fax or email):

1. (a)

   a vendor's statement;

2. (b)

   a certificate of an agent acting on behalf of a purchaser (service on purchaser) (section 9(2)(c) of the Act);

3. (c)

   a notice of amendment to a vendor's statement (section 10 of the Act).

31BMethod of service of other notices or documents

1. (1)

   The following notices or documents required or authorised to be given to or served on a person under the Act or these regulations may be given to or served on the person in accordance with subregulation (2):

   1. (a)

      a certificate of an agent acting on behalf of a vendor (section 9(1)(ba) of the Act);

   2. (b)

      a certificate of an agent acting on behalf of a purchaser (service on vendor) (section 9(2)(ba) of the Act);

   3. (c)

      a written guide and details of sales of comparable land and other information (section 20(2) of the Act);

   4. (d)

      a copy of an agreement or instrument (section 20(4) of the Act);

   5. (e)

      a copy of a variation of an agreement or instrument (section 20(6) of the Act);

   6. (f)

      a notice of expiry (section 20(6a) of the Act);

   7. (g)

      a notice indicating a vendor's intention not to extend a sales agency agreement (section 20(6a)(a) of the Act);

   8. (h)

      a copy of a signed offer (section 21(1)(d) or (2)(d) of the Act);

   9. (i)

      a notice confirming the fact that an offer was made (section 21(2a)(b) of the Act);

   10. (j)

       a notice acknowledging a vendor's receipt of a copy of a signed offer (section 21(4) of the Act);

   11. (k)

       a copy of a written offer for land (section 21(5)(a) of the Act);

   12. (l)

       a notice in relation to financial or investment advice (section 24B of the Act and regulation 21(b));

   13. (m)

       a copy of a land valuer's valuation report (section 24E(1)(b) of the Act);

   14. (n)

       a warning notice in the form approved by the Commissioner (section 24F(4)(a) of the Act);

   15. (o)

       a copy of a form acknowledging receipt of a warning notice (section 24F(4)(b) of the Act).

2. (2)

   A notice or document referred to in subregulation (1) may be given to or served on a person—

   1. (a)

      by giving it to the person personally; or

   2. (b)

      by posting it to the person at the person's address for service (in which case it is taken to be given or served at the time of posting); or

   3. (c)

      —

      1. (i)

         if the person is an agent—by leaving it for the agent with a person apparently responsible to the agent at the agent's address for service (being the address last notified to the Commissioner as the agent's address for service under the Land Agents Act 1994 or an address nominated by the agent to the person giving or serving the notice or document for the purpose of the giving or service of the notice or document); or

      2. (ii)

         in any other case—by leaving it for the person at the person's address for service of the notice or document with someone apparently over the age of 16 years,

   (in which case, whether left in accordance with subparagraph (i) or (ii), it is taken to be given or served at the time when it is left at the address); or

   1. (d)

      by transmitting it to the person by fax or email to a fax number or email address provided by the person for the purpose of the giving or service of the notice or document (in which case it is taken to be given or served at the time of transmission of the fax or email).

3. (3)

   In this regulation—

address for service of a person (other than an agent) in relation to a notice or document means—

1. (a)

   an address nominated by the person for the purpose of the giving or service of the notice or document; or

2. (b)

   if there is no such nominated address, the last known address of the person.

31CService by email of signed notices or documents

If a provision of the Act or these regulations requires a notice or other document to be signed before it is given to or served on a person, a reference in the Act or these regulations to the giving or service of that notice or document by email will be taken to include a reference to the transmission by email of a scanned copy of the signed notice or document.

Part 4Miscellaneous32Keeping 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—

1. (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

2. (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

3. (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 the Part, Division, particulars or item may not be applicable.

If it is applicable, ensure the box is ticked and complete the Part, Division, particulars or item.

If it is not applicable, ensure the box is empty or strike out the Part, Division, particulars or item. Alternatively, the Part, Division, particulars or item may be omitted, but not in the case of an item or heading in the table of particulars in Division 1 of the Schedule that is required by the instructions at the head of that table to be retained as part of this statement.

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

All questions must be answered with a YES or NO (inserted in the place indicated by a rectangle or square brackets below or to the side of the question).

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

Part A—Parties and land

1Purchaser:

Address:

2Purchaser's registered agent:

Address:

3Vendor:

Address:

4Vendor's registered agent:

Address:

5Date of contract (if made before this statement is served):

6Description 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—

1. (a)

   you purchased by auction; or

1. (b)

   you purchased on the same day as you, or some person on your behalf, bid at the auction of the land; or

2. (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

3. (d)

   you are a body corporate and the land is not residential land; or

4. (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

5. (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

6. (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—

1. (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

2. (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—

1. (a)

   given to the vendor personally; or

2. (b)

   posted by registered post to the vendor at the following address:

   (being the vendor's last known address); or

3. (c)

   transmitted by fax or email to the following fax number or email address:

   (being a number or address provided to you by the vendor for the purpose of service of the notice); or

4. (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—

1. (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; or

2. (b)

   if you intend to serve the notice by fax or email, you obtain a record of the transmission of the fax or email.

5—Effect of service

If you serve such 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—

1. (a)

   the amount of any deposit paid if the deposit did not exceed $100; or

2. (b)

   an amount paid for an option to purchase the land.

Proceeding with the purchase

If you wish to proceed with the purchase—

1. (a)

   it is strongly recommended that you take steps to make sure your interest in the property is adequately insured against loss or damage; and

2. (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; and

3. (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:

I,

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.

Where a mortgage, charge or prescribed encumbrance referred to in column 1 of the table below is applicable to the land, the particulars in relation to that mortgage, charge or prescribed encumbrance required by column 2 of the table must be set out in the table (in accordance with the instructions in the table) unless—

1. (a)

   there is an attachment to this statement and—

   1. (i)

      all the required particulars are contained in that attachment; and

   2. (ii)

      the attachment is identified in column 2; and

   3. (iii)

      if the attachment consists of more than 2 sheets of paper, those parts of the attachment that contain the required particulars are identified in column 2; or

2. (b)

   the mortgage, charge or prescribed encumbrance—

   1. (i)

      is 1 of the following items in the table:

      1. (A)

         under the heading 1. General—

         1. 1.1

            Mortgage of land

         2. 1.4

            Lease, agreement for lease, tenancy agreement or licence

         3. 1.5

            Caveat

         4. 1.6

            Lien or notice of a lien

      2. (B)

         under the heading 36. Other charges—

         1. 36.1

            Charge of any kind affecting the land (not included in another item); and

   2. (ii)

      is registered on the certificate of title to the land; and

   3. (iii)

      is to be discharged or satisfied prior to or at settlement.

 

Table of particulars

Column 1	Column 2	Column 3
[If an item is applicable, ensure that the box for the item is ticked and complete the item.] [If an item is not applicable, ensure that the box for the item is empty or else strike out the item or write "NOT APPLICABLE" or "N/A" in column 1. Alternatively, the item and any inapplicable heading may be omitted, but not in the case of— (a) the heading "1. General" and items 1.1, 1.2, 1.3 and 1.4; and (b) the heading "5. Development Act 1993 (repealed)" and item 5.1; and (c) the heading "6. Repealed Act conditions" and item 6.1; and (d) the heading "29. Planning, Development and Infrastructure Act 2016" and items 29.1 and 29.2, which must be retained as part of this statement whether applicable or not.] [If an item is applicable, all particulars requested in column 2 must be set out in the item unless the Note preceding this table otherwise permits. Particulars requested in bold type must be set out in column 3 and all other particulars must be set out in column 2.] [If there is more than 1 mortgage, charge or prescribed encumbrance of a kind referred to in column 1, the particulars requested in column 2 must be set out for each such mortgage, charge or prescribed encumbrance.] [If requested particulars are set out in the item and then continued on an attachment due to insufficient space, identify the attachment in the place provided in column 2. If all of the requested particulars are contained in an attachment (instead of in the item) in accordance with the Note preceding this table, identify the attachment in the place provided in column 2 and (if required by the Note) identify the parts of the attachment that contain the particulars.]
1. General
1.1				Mortgage of land [Note— Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Number of mortgage (if registered):
Name of mortgagee:
1.2				Easement (whether over the land or annexed to the land) Note— "Easement" includes rights of way and party wall rights.	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
		Description of land subject to easement:
		[Note— Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Nature of easement:
Are you aware of any encroachment on the easement? [     ] If YES, give details:
If there is an encroachment, has approval for the encroachment been given? [     ] If YES, give details:
1.3				Restrictive covenant [Note— Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
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? [     ] If NO, give details:
Does the restrictive covenant affect land other than that being acquired? [     ]
1.4				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.) [Note— Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
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? [     ]
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):
1.5				Caveat	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Name and address of caveator:
Particulars of interest claimed:
1.6				Lien or notice of a lien	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Land or other property subject to lien:
Nature of lien:
Name and address of person who has imposed lien or given notice of it:
2. Aboriginal Heritage Act 1988
2.1				section 9—Registration in central archives of an Aboriginal site or object	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Particulars of register entry:
2.2				section 24—Directions prohibiting or restricting access to, or activities on, a site or an area surrounding a site	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Site or area to which notice relates:
Directions (as stated in notice):
2.3				Part 3 Division 6—Aboriginal heritage agreement	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of agreement:
Description of property subject to agreement:
Names of parties:
Terms of agreement:
3. Burial and Cremation Act 2013
3.1				section 8—Human remains interred on land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Have human remains been interred on the land that will not be exhumed prior to settlement? [     ]
GPS coordinates of the remains:
4. Crown Rates and Taxes Recovery Act 1945
4.1				section 5—Notice requiring payment	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Land in respect of which Crown rates and taxes are owing:
Amount owing (as stated in the notice):
5. Development Act 1993 (repealed)
5.1				section 42—Condition (that continues to apply) of a development authorisation [Note— Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Condition(s) of authorisation:
5.2				section 50(1)—Requirement to vest land in a council or the Crown to be held as open space	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date requirement given:
Name of body giving requirement:
Nature of requirement:
Contribution payable (if any):
5.3				section 50(2)—Agreement to vest land in a council or the Crown to be held as open space	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of agreement:
Names of parties:
Terms of agreement:
Contribution payable (if any):
5.4				section 55—Order to remove or perform work	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of order:
Terms of order:
Building work (if any) required to be carried out:
Amount payable (if any):
5.5				section 56—Notice to complete development	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Requirements of notice:
Building work (if any) required to be carried out:
Amount payable (if any):
5.6				section 57—Land management agreement	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of agreement:
Names of parties:
Terms of agreement:
5.7				section 60—Notice of intention by building owner	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Building work proposed (as stated in the notice):
Other building work as required pursuant to the Act:
5.8				section 69—Emergency order	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
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):
5.9				section 71—Fire safety notice	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Name of authority giving notice:
Requirements of notice:
Building work (if any) required to be carried out:
Amount payable (if any):
5.10				section 84—Enforcement notice	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date notice given:
Name of relevant authority giving notice:
Nature of directions contained in notice:
Building work (if any) required to be carried out:
Amount payable (if any):
5.11				section 85(6), 85(10) or 106—Enforcement order	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
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:
5.12				Part 11 Division 2—Proceedings	Is this item applicable?

☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of commencement of proceedings:
Date of determination or order (if any):
Terms of determination or order (if any):
6. Repealed Act conditions
6.1				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) [Note— Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Nature of condition(s):
7. Emergency Services Funding Act 1998
7.1				section 16—Notice to pay levy	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Amount of levy payable:
8. Environment Protection Act 1993
8.1				section 59—Environment performance agreement that is registered in relation to the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of agreement:
8.2				section 93—Environment protection order that is registered in relation to the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of issue:
Compliance date(s) specified in the order:
8.3				section 93A—Environment protection order relating to cessation of activity that is registered in relation to the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of issue:
Compliance date(s) specified in the order:
8.4				section 99—Clean‑up order that is registered in relation to the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of issue:
Compliance date(s) specified in the order:
Amount of charge on the land (if applicable and known):
8.5				section 100—Clean‑up authorisation that is registered in relation to the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of issue:
Amount of charge on the land (if known):
8.6				section 103H—Site contamination assessment order that is registered in relation to the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of issue:
Compliance date(s) specified in the order:
Amount of charge on the land (if applicable and known):
8.7				section 103J—Site remediation order that is registered in relation to the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of issue:
Compliance date(s) specified in the order:
Amount of charge on the land (if applicable and known):
8.8				section 103N—Notice of declaration of special management area in relation to the land (due to possible existence of site contamination)	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Date of Gazette in which notice published:
Description of area or areas to which the notice relates:
8.9				section 103P—Notation of site contamination audit report in relation to the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
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.
8.10				section 103S—Notice of prohibition or restriction on taking water affected by site contamination in relation to the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
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:
9. Fences Act 1975
9.1				section 5—Notice of intention to perform fencing work	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
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:
10. Fire and Emergency Services Act 2005
10.1				section 105F (or section 56 or 83 (repealed))—Notice to take action to prevent outbreak or spread of fire	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Person or body who issued notice:
Requirements of notice (as stated therein):
Amount payable (if any):
11. Food Act 2001
11.1				section 44—Improvement notice	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Name of authorised officer who served notice:
Name of authority that appointed officer:
Requirements of notice:
11.2				section 46—Prohibition order	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of order:
Name of authority or person who served order:
Requirements of order:
12. Ground Water (Qualco-Sunlands) Control Act 2000
12.1				Part 6—Risk management allocation	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Is a waterlogging and salinity risk management allocation attached to the whole or any part of the land? [     ] If YES, give details of the allocation and the land to which it is attached:
12.2				section 56—Notice to pay share of Trust costs, or for unauthorised use of water, in respect of irrigated property	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Amount payable (as stated in notice):
13. Heritage Places Act 1993
13.1				section 14(2)(b)—Registration of an object of heritage significance	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of registration:
Description and location of object registered:
13.2				section 17 or 18—Provisional registration or registration	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Description of place registered:
Has the place been designated as a place of geological, palaeontological or speleological significance or archaeological significance? [     ] If YES, give details:
13.3				section 30—Stop order	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of order:
Terms of order:
13.4				Part 6—Heritage agreement	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of agreement:
Description of property subject to agreement:
Names of parties:
Terms of agreement:
13.5				section 38—"No development" order	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of order:
Terms of order:
14. Highways Act 1926
14.1				Part 2A—Establishment of control of access from any road abutting the land	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of establishment of control of access:
Description of boundary of land affected:
15. Housing Improvement Act 1940 (repealed)
15.1				section 23—Declaration that house is undesirable or unfit for human habitation	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of declaration:
Those particulars required to be provided by a council under section 23:
15.2				Part 7 (rent control for substandard houses)—Notice or declaration	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice or declaration:
Those particulars required to be provided by the housing authority under section 60:
16. Housing Improvement Act 2016
16.1				Part 3 Division 1—Assessment, improvement or demolition orders	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of order:
Those particulars required to be provided by the Minister under section 14 or 15 (if applicable):
16.2				section 22—Notice to vacate premises	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Name of authority that issued the notice:
Date by which the premises must be vacated:
16.3				section 25—Rent control notice	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Maximum rent payable (per week):
17. Land Acquisition Act 1969
17.1				section 10—Notice of intention to acquire	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Name of Authority who served notice:
Description of land intended to be acquired (as described in the notice):
18. Landscape South Australia Act 2019
18.1				section 72—Notice to pay levy in respect of costs of regional landscape board	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Amount of levy payable:
18.2				section 78—Notice to pay levy in respect of right to take water or taking of water	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Amount of levy payable:
18.3				section 99—Notice to prepare an action plan for compliance with general statutory duty	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Name of authority or person that issued notice:
Requirements of notice (as specified therein):
18.4				section 107—Notice to rectify effects of unauthorised activity	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Name of relevant authority that issued notice:
Requirements of notice (as specified therein):
18.5				section 108—Notice to maintain watercourse or lake in good condition	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Name of relevant authority that issued notice:
Requirements of notice (as specified therein):
18.6				section 109—Notice restricting the taking of water or directing action in relation to the taking of water	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Water resource to which notice applies:
Requirements of notice (as specified therein):
18.7				section 111—Notice to remove or modify a dam, embankment, wall or other obstruction or object	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Requirements of notice (as specified therein):
18.8				section 112—Permit (or condition of a permit) that remains in force	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of permit:
Name of relevant authority that granted permit:
Condition(s) of permit:
18.9				section 120—Notice to take remedial or other action in relation to a well	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Location of well:
Requirements of notice (as specified therein):
18.10				section 135—Water resource works approval	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments?

1. 1. (c)

      complies with the Act and regulations as in force immediately before the commencement of these regulations; and

   2. (d)

      includes an attachment in the form specified in clause 3 of this Schedule (containing at least the required parts of the attachment and completed in accordance with the attachment's instructions).

2. (3)

   A reference in this clause to a vendor's statement being served on the purchaser 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.

3. (4)

   An attachment referred to in subclause (1) or (2) need not, if attached to a vendor's statement served on the purchaser before 22 March 2021, contain the Particulars relating to aluminium composite panels.

4. (5)

   An attachment referred to in subclause (1) or (2) will for all purposes be taken to form part of the vendor's statement to which it is attached.

5. (6)

   In this clause—

required parts, in relation to an attachment in this Schedule, means—

1. (a)

   in the case of the "Attachment for Form 1—Vendor's statement" in clause 2 of this Schedule—Part 1 of the attachment, the heading "24A. Planning, Development and Infrastructure Act 2016" in the table of particulars in Part 2 of the attachment and items 24A.1 and 24A.2 of that table;

2. (b)

   in the case of the "Attachment for Form 2—Vendor's statement (section 8)" in clause 3 of this Schedule—Part 1 of the attachment and Part 2—Division 1 in the table of particulars in Part 2 of the attachment;

served on, in relation to a vendor's statement in respect of land, or a business and land, that is to be sold at auction, means made available for perusal in accordance with section 11 of the Land and Business (Sale and Conveyancing) Act 1994.

2—Attachment for section 7 vendor's statement

 

Attachment for Form 1—Vendor's statement

(Attachment for vendor's statement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994)

Particulars relating to Planning, Development and Infrastructure Act 2016

Contents

Preliminary

Part 1—Parties and land

Part 2—Particulars of mortgages, charges and prescribed encumbrances affecting the land

Part 3—Other particulars

Preliminary

To the purchaser:

The purpose of this attachment is to put you on notice of certain particulars relating to the Planning, Development and Infrastructure Act 2016 and other matters concerning the land to be acquired that are additional to the particulars concerning the land specified elsewhere in the Form 1—Vendor's statement to which this is attached.

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

Instructions to the vendor for completing this attachment

☐ means the Part, particulars or item may not be applicable.

If it is applicable, ensure the box is ticked and complete the Part, particulars or item.

If it is not applicable, ensure the box is empty or strike out the Part, particulars or item. Alternatively, the Part, particulars or item may be omitted, but not in the case of the heading "24A. Planning, Development and Infrastructure Act 2016" and items 24A.1 and 24A.2 in Part 2 of this attachment.

All questions must be answered with a YES or NO (inserted in the place indicated by a rectangle or square brackets below or to the side of the question).

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

Part 1—Parties and land

(1)

Purchaser:

Address:

(2)

Purchaser's registered agent:

Address:

☐

(3)

Vendor:

Address:

(4)

Vendor's registered agent:

Address:

☐

(5)

Date of contract if made before statement is served:

(6)

Description of the land:

[Identify the land including any certificate of title reference]

 

Part 2—Particulars of mortgages, charges and prescribed encumbrances affecting the land
The headings and items in the table of particulars in this Part are to be taken to be included in the table of particulars in Division 1 of the Schedule to the Form 1—Vendor's statement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 to which this instrument is attached.
Table of particulars
Column 1	Column 2	Column 3
[If an item is applicable, ensure that the box for the item is ticked and complete the item.] [If an item is not applicable, ensure that the box for the item is empty or else strike out the item or write "NOT APPLICABLE" or "N/A" in column 1. Alternatively, the item and any inapplicable heading may be omitted, but not in the case of the heading "24A. Planning, Development and Infrastructure Act 2016 and items 24A.1 and 24A.2 which must be retained as part of this attachment whether applicable or not.] [If an item is applicable, all particulars requested in column 2 must be set out in the item unless there is an attachment to this attachment and— (a) all the required particulars are contained in that attachment; and (b) the attachment is identified in column 2; and (c) if the attachment consists of more than 2 sheets of paper, those parts of the attachment that contain the required particulars are identified in column 2. Particulars requested in bold type must be set out in column 3 and all other particulars must be set out in column 2.] [If there is more than 1 mortgage, charge or prescribed encumbrance of a kind referred to in column 1, the particulars requested in column 2 must be set out for each such mortgage, charge or prescribed encumbrance.] [If requested particulars are set out in the item and then continued on an attachment due to insufficient space, identify the attachment in the place provided in column 2. (If all of the requested particulars are contained in an attachment (instead of in the item) identify the attachment in the place provided in column 2 as required above by these instructions and (if required above) identify the parts of the attachment that contain the particulars.)]
24A. Planning, Development and Infrastructure Act 2016
24A.1				Part 5—Planning and Design Code [Note— Do not omit this item. The item and its heading must be included in the attachment even if not applicable.]	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Title or other brief description of zone, subzone and overlay in which the land is situated (as shown in the Planning and Design Code):
Is the land situated in a State Heritage place? [     ]
Is the land designated as a place of local heritage value? [     ]
Is there a tree declared to be a significant tree or a stand of trees declared to be significant trees on the land? [     ]
Is there a current amendment to the Planning and Design Code released for public consultation by the State Planning Commission on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? [     ]
24A.2				section 127—Condition (that continues to apply) of a development authorisation [Note— Do not omit this item. The item and its heading must be included in the attachment even if not applicable.]	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of authorisation:
Name of relevant authority that granted authorisation:
Condition(s) of authorisation:
24A.3				section 139—Notice of proposed work and notice may require access	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Building work proposed (as stated in the notice):
Other building work as required pursuant to the Act:
24A.4				section 140—Notice requesting access	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Name of person requesting access:
Reason for which access is sought (as stated in the notice):
Activity of work to be carried out:
24A.5				section 141—Order to remove or perform work	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of order:
Terms of order:
Building work (if any) required to be carried out:
Amount payable (if any):
24A.6				section 142—Notice to complete development	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Requirements of notice:
Building work (if any) required to be carried out:
Amount payable (if any):
24A.7				section 155—Emergency order	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
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):
24A.8				section 157—Fire safety notice	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of notice:
Name of authority giving notice:
Requirements of notice:
Building work (if any) required to be carried out:
Amount payable (if any):
24A.9				section 192 or 193—Land management agreement	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of agreement:
Names of parties:
Terms of agreement:
24A.10				section 198(1)—Requirement to vest land in a council or the Crown to be held as open space	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date requirement given:
Name of body giving requirement:
Nature of requirement:
Contribution payable (if any):
24A.11				section 198(2)—Agreement to vest land in a council or the Crown to be held as open space	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of agreement:
Names of parties:
Terms of agreement:
Contribution payable (if any):
24A.12				Part 16 Division 1—Proceedings	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date of commencement of proceedings:
Date of determination or order (if any):
Terms of determination or order (if any):
24A.13				section 213—Enforcement notice	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
Date notice given:
Name of designated authority giving notice:
Nature of directions contained in notice:
Building work (if any) required to be carried out:
Amount payable (if any):
24A.14				section 214(6), 214(10) or 222—Enforcement order	Is this item applicable?	☐
Will this be discharged or satisfied prior to or at settlement?	[     ]
Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars):	[     ]
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 3—Other particulars

The headings and items in this Part are to be taken to be included in the particulars in Division 2 of the Schedule to the Form 1—Vendor's statement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 to which this instrument is attached.

 

Particulars relating to aluminium composite panels	☐
Has the vendor been notified that a building on the land has been identified, as part of a South Australian Building Cladding Audit initiated in 2017 and conducted by the former Department of Planning, Transport and Infrastructure in conjunction with the Metropolitan Fire Service, Country Fire Service and councils— (a) as having aluminium composite panels installed on the exterior of the building; and (b) as constituting a moderate, high or extreme risk as a result of that installation; and (c) as requiring remediation to reduce the risk to an acceptable level; and (d) as not having had the necessary remedial work performed or a determination made by the appropriate authority of the relevant council (within the meaning of section 157 of the Planning, Development and Infrastructure Act 2016) that no further action is required?
[     ]
If YES, give details of the following:
1 the actions required to remediate the risk (if known): 2 the estimated costs of remediation (if known):

 

Particulars relating to environmental protection	☐
Does the council hold details of any development approvals relating to a change in the use of the land or part of the land (within the meaning of the Planning, Development and Infrastructure Act 2016)?
[     ]
Note— 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). It is expected that the ability to supply further details will vary considerably between councils.

3—Attachment for section 8 vendor's statement

 

Attachment for Form 2—Vendor's statement (section 8)

(Attachment for vendor's statement under section 8 of the Land and Business (Sale and Conveyancing) Act 1994)

Particulars relating to Planning, Development and Infrastructure Act 2016

Contents

Preliminary

Part 1—Parties and land

Part 2—Particulars of mortgages, charges and prescribed encumbrances affecting the land

Division 1—Items that must be included in attachment

 Division 2—Items to be included in attachment if land affected

Part 3—Other particulars

Preliminary

To the purchaser:

The purpose of this attachment to a Form 2—Vendor's statement (section 8) is to put you on notice of certain particulars relating to the Planning, Development and Infrastructure Act 2016 and other matters concerning land to be acquired as part of a business that are additional to the particulars concerning the land specified elsewhere in that Form 2—Vendor's statement (section 8) to which this is attached.

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

Instructions to the vendor for completing this attachment:

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 1—Parties and land

(1)

Purchaser:

Address:

(2)

Purchaser's registered agent:

Address:

(3)

Vendor:

Address:

(4)

Vendor's registered agent:

Address:

(5)

Date of contract if made before statement is served:

(6)

Description of the land:

[Identify the land including any certificate of title reference]

 

Part 2—Particulars of mortgages, charges and prescribed encumbrances affecting the land
The headings and items in the table of particulars in this Part are to be taken to be included in the table of particulars in Schedule 2 Division 1 of the Form 2—Vendor's statement (section 8) to which this instrument is attached.
All the particulars required by column 3 of the tables below in relation to a prescribed encumbrance referred to in column 1 must be set out in column 3 unless a copy of a document is attached to this attachment and— (a) all the required particulars are contained in that document; and (b) those parts of the document that contain the required particulars are identified in column 3.
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 2—Division 1—Items that must be included in attachment
[If an item is not applicable strike it out or write "NOT APPLICABLE" or "N/A" in column 1.]
Planning, Development and Infrastructure Act 2016
Part 5—Planning and Design Code			*YES/NO	Title or other brief description of zone, subzone and overlay in which the land is situated (as shown in the Planning and Design Code): Is the land situated in a designated State Heritage place? *YES/NO Is the land designated as a place of local heritage value? *YES/NO Is there a tree declared to be a significant tree or a stand of trees declared to be significant trees on the land? *YES/NO Is there a current amendment to the Planning and Design Code released for public consultation by the State Planning Commission on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? *YES/NO
section 127—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:

 

 Part 2—Division 2—Items to be included in attachment 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.]
Planning, Development and Infrastructure Act 2016
section 139—Notice of proposed work and notice may require access			*YES/NO	Date of notice: Building work proposed (as stated in the notice): Other building work as required pursuant to the Act:
section 140—Notice requesting access			*YES/NO	Date of notice: Name of person requesting access: Reason for which access is sought (as stated in the notice): Activity or work to be carried out:
section 141—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 142—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 155—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 157—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 192 or 193—Land management agreement			*YES/NO	Date of agreement: Names of parties: Terms of agreement:
section 198(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 198(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):
Part 16 Division 1—Proceedings			*YES/NO	Date of commencement of proceedings: Date of determination or order (if any): Terms of determination or order (if any):
section 213—Enforcement notice			*YES/NO	Date notice given: Name of designated authority giving notice: Nature of directions contained in notice: Building work (if any) required to be carried out: Amount payable (if any):
section 214(6), 214(10) or 222—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 3—Other particulars

The headings and items in this Part are to be taken to be included in the particulars in Schedule 2—Division 2 to the Form 2—Vendor's statement (section 8) to which this instrument is attached.

 

Particulars relating to aluminium composite panels

Has the vendor been notified that a building on the land has been identified, as part of a South Australian Building Cladding Audit initiated in 2017 and conducted by the former Department of Planning, Transport and Infrastructure in conjunction with the Metropolitan Fire Service, Country Fire Service and councils—

1. (a)

   as having aluminium composite panels installed on the exterior of the building; and

2. (b)

   as constituting a moderate, high or extreme risk as a result of that installation; and

3. (c)

   as requiring remediation to reduce the risk to an acceptable level; and

4. (d)

   as not having had the necessary remedial work performed or a determination made by the appropriate authority of the relevant council (within the meaning of section 157 of the Planning, Development and Infrastructure Act 2016) that no further action is required?

*YES/NO

If YES, give details of the following:

1

the actions required to remediate the risk (if known):

2

the estimated costs of remediation (if known):

 

Particulars relating to environmental protection

Does the council hold details of any development approvals relating to a change in the use of the land or part of the land (within the meaning of the Planning, Development and Infrastructure Act 2016)?

*YES/NO

Note—

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). It is expected that the ability to supply further details will vary considerably between councils.

Land and Business (Sale and Conveyancing) (Miscellaneous) Variation Regulations 2021 (No 101 of 2021), Sch 1

1—Transitional provision

1. (1)

   A vendor's statement for the purposes of section 7 of the Land and Business (Sale and Conveyancing) Act 1994 will be taken to comply with the Land and Business (Sale and Conveyancing) Regulations 2010 as varied by these regulations if the statement—

   1. (a)

      was prepared before 1 September 2021; and

   2. (b)

      was served on the purchaser after the commencement of these regulations (or was served before the commencement of these regulations but the contract for the sale of the land in respect of which the statement was prepared was not signed before the commencement of these regulations); and

   3. (c)

      complies, or is taken to comply, with the Act and regulations as in force immediately before the commencement of these regulations.

2. (2)

   A vendor's statement for the purposes of section 8 of the Land and Business (Sale and Conveyancing) Act 1994 will be taken to comply with the Land and Business (Sale and Conveyancing) Regulations 2010 as varied by these regulations if the statement—

   1. (a)

      was prepared before 1 September 2021; and

   2. (b)

      was served on the purchaser after the commencement of these regulations (or was served before the commencement of these regulations but the contract for the sale of the business in respect of which the statement was prepared was not signed before the commencement of these regulations); and

   3. (c)

      complies, or is taken to comply, with the Act and regulations as in force immediately before the commencement of these regulations.

3. (3)

   A reference in this clause to a vendor's statement being served on the purchaser 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.

4. (4)

   In this clause—

served on, in relation to a vendor's statement in respect of land, or a business and land, that is to be sold at auction, means made available for perusal in accordance with section 11 of the Land and Business (Sale and Conveyancing) Act 1994.

Historical versions

1.7.2011

1.7.2012

1.7.2013

1.1.2014

13.2.2014

1.7.2014

1.7.2015

1.7.2016 (electronic only)

4.7.2016

15.3.2017

1.7.2017

29.1.2018

1.7.2018

1.7.2019

1.7.2020

19.3.2021