{"id":"land-and-business-sale-and-conveyancing-regulations-2025","name":"Land and Business (Sale and Conveyancing) Regulations 2025","slug":"land-and-business-sale-and-conveyancing-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235681,"registerId":"sa-land-and-business-sale-and-conveyancing-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThese regulations may be cited as the Land and Business (Sale and Conveyancing) Regulations 2025.\n2—Commencement\nThese regulations come into operation on 1 September 2025.\n3—Interpretation\n\t(1)\tIn these regulations—\nacquired a relevant interest in the land has the same meaning as in section 7 of the Act;\nAct means the Land and Business (Sale and Conveyancing) Act 1994;\ncouncil, in relation to land being sold, means the council in whose area the land is situated;\ndomestic 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;\nprescribed body means a body prescribed for the purposes of section 12(2) of the Act (see regulation 15).\n\t(2)\tIn 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.\n\t(3)\tIn 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.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Contracts for sale of land or businesses","content":"Part 2—Contracts for sale of land or businesses\n4—Forms\nA 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.\n5—Qualified accountant\nFor 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—\n\t(a)\tCPA Australia; or\n\t(b)\tChartered Accountants Australia and New Zealand; or\n\t(c)\tthe Institute of Public Accountants; or\n\t(d)\tthe Association of Taxation and Management Accountants; or\n\t(e)\tthe National Tax and Accountants' Association Limited as a Fellow.\n6—Cooling-off—form of certificate of legal practitioner as to independent advice\nFor the purposes of section 5(7)(b) of the Act, the form of certificate set out in Form 3 Part A 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.\n7—Sale of land—instalment agreements\nPursuant to section 6(4)(b) of the Act, section 6 of the Act 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.\n8—Sale of land—form of vendor's statement\nFor the purposes of section 7(1) of the Act, a statement is in the required form if it comprises—\n\t(a)\tForm 1 Parts A, B and C; and\n\t(b)\tthe following headings and items of the table of particulars set out in Division 1 of the Schedule of Form 1:\n\t(i)\theading \"1. General\" and items 1.1, 1.2, 1.3 and 1.4;\n\t(ii)\theading \"5. Development Act 1993 (repealed)\" and item 5.1;\n\t(iii)\theading \"6. Repealed Act conditions\" and item 6.1;\n\t(iv)\theading \"29. Planning, Development and Infrastructure Act 2016\" and items 29.1 and 29.2; and\n\t(c)\tsuch 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\n\t(d)\tif 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\n\t(e)\tsuch 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\n\t(f)\tif 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.\n9—Sale of land—particulars required, prescribed encumbrances and prescribed matters\nFor the purposes of section 7(1)(b) of the Act—\n\t(a)\tthe particulars required to be set out in the vendor's statement are the particulars required by the Schedule of Form 1; and\n\t(b)\tthe encumbrances specified in Division 1 of the Schedule of Form 1 are prescribed encumbrances; and\n\t(c)\tthe 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.\n10—Sale of small business—form of vendor's statement\nFor the purposes of section 8(1) of the Act, a statement is in the required form if it comprises—\n\t(a)\tForm 2 Parts A, B, C and D; and\n\t(b)\tForm 2 Schedule 1; and\n\t(c)\tif land is sold under a contract for the sale of a small business—\n\t(i)\tPart 1 of the table of particulars set out in Form 2 Schedule 2 Division 1; and\n\t(ii)\tsuch 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\n\t(iii)\tif 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\n\t(iv)\tsuch 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\n\t(v)\tif 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\n\t(d)\tif 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\n\t(e)\tif—\n\t(i)\tthe 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\n\t(ii)\tthe 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,\nthe parts of that Division that contain those matters.\n11—Sale of small business—prescribed particulars\nFor the purposes of section 8(1)(b) of the Act, the prescribed particulars are—\n\t(a)\tthe particulars set out in Form 2 Schedule 1; and\n\t(b)\tif 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\n\t(c)\tif—\n\t(i)\tthe 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\n\t(ii)\tthe 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,\nthe particulars set out in that form relating to those matters.\n12—Sale of small business—form of accountant's certificate\nFor 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 Form 2 Part D.\n13—Sale of land—prescribed inquiries\n\t(1)\tFor 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:\n\t(a)\tto 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;\n\t(b)\tto 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;\n\t(c)\tto 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;\n\t(d)\tif 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;\n\t(e)\tto inquire from the vendor and the council as to the existence of insurance under Part 5 Division 3 of the Building Work Contractors Act 1995 (or the repealed Builders Licensing Act 1986) in relation to any building work on the land;\n\t(f)\tto inquire—\n\t(i)\tin 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\n\t(ii)\tin 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;\n\t(g)\tto 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);\n\t(h)\tif 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.\n\t(2)\tIn subregulation (1), a reference to the relevant part of the prescribed form is a reference to—\n\t(a)\tin the case of the sale of land not under a contract for the sale of a business—the Schedule of Form 1; or\n\t(b)\tin the case of the sale of land under a contract for the sale of a small business—Form 2 Schedule 2.\n14—Sale of land—form of agent's certificate\nFor the purposes of section 9(1)(b) and (2)(b) of the Act, the certificate signed by the agent must—\n\t(a)\tif land is being sold but not under a contract for the sale of a business—be in the form set out in Form 1 Part D; or\n\t(b)\tif land is being sold under a contract for the sale of a small business—be in the form set out in Form 2 Part E.\n15—Sale of land—provision of information etc by councils, statutory authorities and prescribed bodies\n\t(1)\tFor 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.\n\t(2)\tFor the purposes of section 12(2) of the Act, an administrative unit of the Public Service is a prescribed body.\n\t(3)\tFor the purposes of section 12(3) of the Act, an application must be accompanied by—\n\t(a)\tthe appropriate prescribed fee; and\n\t(b)\tthe following documents:\n\t(i)\tin 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;\n\t(ii)\tin the case of an application relating to land subject to a lease granted by the Crown under an Act—a copy of the lease;\n\t(iii)\tin any other case—a copy of a document of title that sufficiently identifies the land in relation to which the application is made.\n16—Prescribed notice to be given to purchaser\nFor 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.\n17—Defences\nFor the purposes of section 16 of the Act—\n\t(a)\tthe persons and bodies to which inquiries to obtain information are required to be made are as follows:\n\t(i)\tfor 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;\n\t(ii)\tfor 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;\n\t(iii)\tfor 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 Form 2 Schedule 2 Division 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); and\n\t(b)\tthe certificate signed by the legal practitioner must be in the form set out in Form 3 Part A; and\n\t(c)\tthe instrument of waiver signed by the purchaser must be in the form set out in Form 3 Part B.\n18—Authority to act as agent\n\t(1)\tFor the purposes of section 20(1)(c)(ii) of the Act, the prescribed number of days is 90.\n\t(2)\tFor the purposes of section 20(1)(e) of the Act, a sales agency agreement must comply with the following:\n\t(a)\tthe 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;\n\t(b)\tthe agreement must specify—\n\t(i)\tthe land that is the subject of the agreement (whether by street address or description sufficient to identify the land); and\n\t(ii)\tthe full names of the vendor and agent; and\n\t(iii)\tthe agent's registration number; and\n\t(iv)\tthe chattels that are included in or excluded from sale; and\n\t(v)\tdetails 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;\n\t(c)\tthe 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.\n\t(3)\tAuctioneers 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.\n\t(4)\tAn 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—\n\t(a)\tthe South Australian Housing Trust; or\n\t(b)\tthe Public Trustee; or\n\t(c)\tthe Urban Renewal Authority.\n\t(5)\tAn 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—\n\t(a)\tthe 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\n\t(b)\tthe land or part of the land has been subdivided by the vendor.\n\t(6)\tFor the purposes of section 20(6a)(b)(i)(B) of the Act, the prescribed number of days is 90.\n\t(7)\tFor the purposes of section 20(6a)(b)(ii) of the Act, the prescribed number of days is 180.\n19—Requirements relating to offers to purchase residential land\nFor the purposes of section 21(1)(a) and (2)(a) of the Act, an offer for residential land must contain the following details:\n\t(a)\tthe 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:\nNotice to purchaser:\nThis 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.;\n\t(b)\tthe offer must, in any other case—\n\t(i)\tbe 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:\nNote:\nThis 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\n\t(ii)\tinclude the following details, printed or typewritten in not smaller than 12‑point type:\n\t(A)\tthe full name of the offeror;\n\t(B)\tthe land that is the subject of the offer (whether by street address or description sufficient to identify the land);\n\t(C)\tthe amount of the offer;\n\t(D)\tany conditions to which the offer is subject (for example, finance, sale of another property or satisfactory building or land inspection report);\n\t(E)\tthe proposed date of settlement or length of time between the signing of the contract of sale and settlement.\n20—Representations as to likely selling price in marketing residential land\nSection 24A(1)(c) of the Act does not apply in relation to statements made in marketing land for sale by auction.\n21—Financial and investment advice\nFor 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—\n\t(a)\tin 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\n\t(b)\tin 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.\n22—Agent to disclose certain benefits connected with sale or purchase\nFor 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.\n23—Agent to supply valuation in prescribed circumstances\n\t(1)\tFor 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—\n\t(a)\tthe 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\n\t(b)\tas a result of that contact, the agent has been authorised to sell the land on behalf of the owner; and\n\t(c)\tnegotiations 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.\n\t(2)\tAn 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.\n24—Agent not to act for both purchaser and vendor of land or business\nAuctioneers 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.\n25—Restriction on obtaining beneficial interest in selling or appraising property\n\t(1)\tFor the purposes of section 24G(5) of the Act—\n\t(a)\tthe 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\n\t(b)\tthe 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\n\t(c)\tthe Commissioner may refuse the application—\n\t(i)\tif the applicant has not provided the information required by the application or the Commissioner; or\n\t(ii)\tif, in the opinion of the Commissioner—\n\t(A)\tthe information provided by the applicant is inaccurate, incomplete or calculated to mislead; or\n\t(B)\tthe agent or sales representative is not acting in the best interests of the vendor; or\n\t(C)\tthe vendor is likely to suffer detriment as a result of the transaction; or\n\t(iii)\tif, in the case of a beneficial interest in land (whether to be obtained by the agent or sales representative in their own right or by an associate of the agent or sales representative)—\n\t(A)\ta formal written valuation of the land has not been carried out; or\n\t(B)\tsuch a valuation has been carried out but—\n\t•\tthe person who carried out the valuation was not authorised to carry on business as a land valuer under the Land Valuers Act 1994; or\n\t•\tthe person who carried out the valuation was not approved by the Commissioner; or\n\t•\tthe 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\n\t(C)\tthe vendor has not been given a copy of the land valuer's report.\n\t(2)\tFor the purposes of paragraph (a)(vii) 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.\n\t(3)\tAn 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—\n\t(a)\tthe beneficial interest is obtained as a result of the sale of the land or business; and\n\t(4)\tA 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—\n\t(a)\tthe beneficial interest is obtained as a result of the sale of the land or business; and\n\t(5)\tAn 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—\n\t(a)\tthe beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and\n\t(6)\tA 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—\n\t(a)\tthe beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and\n\t(7)\tA 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 or on a website the primary function of which is to advertise real estate sales.\n\t(8)\tFor 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.\n26—Standard conditions of auction for residential land\nFor the purposes of section 24I(1) of the Act, the conditions set out in Schedule 6 are prescribed.\n27—Preliminary actions and records required for auctions of residential land\n\t(1)\tFor the purposes of section 24J(1)(c), (e) and (j) of the Act—\n\t(a)\tthe following details relating to an auction must be included in the auction record before the commencement of the auction:\n\t(i)\tthe street address of the land or a description of the land sufficient to identify it;\n\t(ii)\tthe full name of the vendor, the responsible agent and the auctioneer;\n\t(iii)\tthe date and time of the auction;\n\t(iv)\tfor the bidders register—\n\t(A)\tthe full name and address of each person intending to bid at the auction (subject to the requirements of paragraph (c)); and\n\t(B)\ta 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\n\t(C)\tif the intending bidder is proposing to bid on behalf of another person, the full name and address of the other person and a statement that the intending bidder is proposing to bid on behalf of that person; and\n\t(b)\tthe following details relating to bidding or subsequent events must be entered in the auction record:\n\t(i)\tfor the bidders register if the auction is interrupted in order to register a further person as an intending bidder in the register—\n\t(A)\tthe full name and address of the person (subject to the requirements of paragraph (c)); and\n\t(B)\ta 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\n\t(C)\tif 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;\n\t(ii)\tif the land is sold at the auction—\n\t(A)\tthe full name and address of the purchaser; and\n\t(B)\tthe amount for which the land was sold;\n\t(iii)\tif 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)—\n\t(A)\tthe full name and address of that person; and\n\t(B)\tthe amounts offered by that person for the land during those negotiations; and\n\t(C)\tin the case of a resulting sale of the land on that day to that person—the amount for which the land was sold; and\n\t(c)\tdetails of an intending bidder must not be entered in the bidders register unless—\n\t(i)\tthe intending bidder has produced to the agent proof of their 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\n\t(ii)\tif the intending bidder is proposing to bid on behalf of another person, the bidder has—\n\t(A)\tprovided to the agent a written authority to so act signed by the other person; and\n\t(B)\tproduced 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.\n\t(2)\tFor the purposes of subregulation (1)(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.\n\t(3)\tThere are exemptions from the application of section 24J(3) of the Act as follows:\n\t(a)\tthe responsible agent or, if a different person, the auctioneer is exempt insofar as the agent or auctioneer—\n\t(i)\tdiscloses 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\n\t(ii)\tdiscloses 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\n\t(iii)\tdiscloses or makes use of information in the auction record as permitted by section 24J(3) of the Act;\n\t(b)\tthe vendor is exempt insofar as the vendor discloses or makes use of information in the auction record disclosed to the vendor under this regulation;\n\t(c)\ta 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.\n28—Collusive practices at auctions of land or businesses\nFor the purposes of section 24L(3) of the Act, notice of the material parts of that section must be—\n\t(a)\tin the form set out in Schedule 7, printed or typewritten in not smaller than 12‑point type; and\n\t(b)\tmade 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.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Dual representation","content":"Part 3—Dual representation\n29—Circumstances in which conveyancer may act for both parties\n\t(1)\tFor 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—\n\t(a)\tthe transferor and transferee or the grantor and grantee (in this Part referred to as both parties)—\n\t(i)\tare related to one another by blood, adoption or marriage; or\n\t(ii)\tare domestic partners one of the other; or\n\t(iii)\tare bodies corporate that are related to each other for the purposes of the Corporations Act 2001 of the Commonwealth; or\n\t(iv)\tare a proprietary company and a person who is a shareholder or director of that company; or\n\t(v)\tare registered as the proprietors of the relevant land as tenants in common or joint tenants with one another; or\n\t(vi)\tcarry on business in partnership with each other; or\n\t(b)\tthe conveyancer has obtained from both parties a written acknowledgment, or general authority, in the form set out in Schedule 8.\n\t(2)\tHowever, 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.\n30—Conveyancer must cease to act if conflict of interest arises\n\t(1)\tIf, 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.\nMaximum penalty: $5 000.\n\t(2)\tHowever, if both parties agree in writing that the conveyancer may continue to act for 1 of them, the conveyancer may continue to act for that party.\n31—Meaning of conflict of interest\nFor the purposes of this Part, a conveyancer is subject to a conflict of interest in relation to a transaction if—\n\t(a)\tthe duties owed by the conveyancer to 1 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 their duty to 1 party, to withhold information or advice from the other party that, by reason of the conveyancer's duty to that other party, they should not withhold); or\n\t(b)\tthe 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.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Service of notices or documents","content":"Part 4—Service of notices or documents\n32—Service by fax or email of vendor's statement, certificate of agent acting on behalf of purchaser or notice of amendment to vendor's statement\nThe 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):\n\t(a)\ta vendor's statement;\n\t(b)\ta certificate of an agent acting on behalf of a purchaser (service on purchaser) (section 9(2)(c) of the Act);\n\t(c)\ta notice of amendment to a vendor's statement (section 10 of the Act).\n33—Method of service of other notices or documents\n\t(1)\tThe 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):\n\t(a)\ta certificate of an agent acting on behalf of a vendor (section 9(1)(ba) of the Act);\n\t(b)\ta certificate of an agent acting on behalf of a purchaser (service on vendor) (section 9(2)(ba) of the Act);\n\t(c)\ta written guide and details of sales of comparable land and other information (section 20(2) of the Act);\n\t(d)\ta copy of an agreement or instrument (section 20(4) of the Act);\n\t(e)\ta copy of a variation of an agreement or instrument (section 20(6) of the Act);\n\t(f)\ta notice of expiry (section 20(6a) of the Act);\n\t(g)\ta notice indicating a vendor's intention not to extend a sales agency agreement (section 20(6a)(a) of the Act);\n\t(h)\ta copy of a signed offer (section 21(1)(d) or (2)(d) of the Act);\n\t(i)\ta notice confirming the fact that an offer was made (section 21(2a)(b) of the Act);\n\t(j)\ta notice acknowledging a vendor's receipt of a copy of a signed offer (section 21(4) of the Act);\n\t(k)\ta copy of a written offer for land (section 21(5)(a) of the Act);\n\t(l)\ta notice in relation to financial or investment advice (section 24B of the Act and regulation 21(b));\n\t(m)\ta copy of a land valuer's valuation report (section 24E(1)(b) of the Act);\n\t(n)\ta warning notice in the form approved by the Commissioner (section 24F(4)(a) of the Act);\n\t(o)\ta copy of a form acknowledging receipt of a warning notice (section 24F(4)(b) of the Act).\n\t(2)\tA notice or document referred to in subregulation (1) may be given to or served on a person—\n\t(a)\tby giving it to the person personally; or\n\t(b)\tby 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\n\t(c)\t—\n\t(i)\tif 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\n\t(ii)\tin 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,\n(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\n\t(d)\tby 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).\n\t(3)\tIn this regulation—\naddress for service of a person (other than an agent) in relation to a notice or document means—\n\t(a)\tan address nominated by the person for the purpose of the giving or service of the notice or document; or\n\t(b)\tif there is no such nominated address, the last known address of the person.\n34—Service by email of signed notices or documents\nIf 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 an electronic copy of the signed notice or document.\n","sortOrder":3},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"Part 5—Miscellaneous\n35—Keeping of records\nFor 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—\n\t(a)\tan 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\n\t(b)\tbefore 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\n\t(c)\tan 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.\n","sortOrder":4},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Contracts for sale of land or businesses—forms","content":"Schedule 1—Contracts for sale of land or businesses—forms\nForm 1—Vendor's statement\n(Section 7 Land and Business (Sale and Conveyancing) Act 1994)\n\nPart A—Parties and land\nPart B—Purchaser's cooling off rights and proceeding with the purchase\nPart D—Certificate with respect to prescribed inquiries by registered agent\n☐\nSchedule\n\nThe 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.\nIf 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.\nThe 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.\nIf you desire additional information, it is up to you to make further inquiries as appropriate.\n\nInstructions to the vendor for completing this statement:\n☐ means the Part, Division, particulars or item may not be applicable.\nIf it is applicable, ensure the box is ticked and complete the Part, Division, particulars or item.\nIf 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.\n* means strike out or omit the option that is not applicable.\nAll 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).\nIf there is insufficient space to provide any particulars required, continue on attachments.\n\nPart A—Parties and land\n\t1\tPurchaser:\n\t2\tPurchaser's registered agent:\n\t3\tVendor:\n\t4\tVendor's registered agent:\n\t5\tDate of contract (if made before this statement is served):\n\t6\tDescription of the land:\n[Identify the land including any certificate of title reference]\n☐\n\n☐\n\nRight to cool‑off\n(section 5)\n1—Right to cool‑off and restrictions on that right\nYou may notify the vendor of your intention not to be bound by the contract for the sale of the land UNLESS—\n\t(a)\tyou purchased by auction; or\n\t(b)\tyou purchased on the same day as you, or some person on your behalf, bid at the auction of the land; or\n\t(c)\tyou 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\n\t(d)\tyou are a body corporate and the land is not residential land; or\n\t(e)\tthe 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\n\t(f)\tthe 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\n\t(g)\tthe contract also provides for the sale of a business that is not a small business.\n\n2—Time for service\nThe cooling‑off notice must be served—\n\t(a)\tif 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\n\t(b)\tif 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.\nHowever, 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.\n\n3—Form of cooling‑off notice\nThe cooling‑off notice must be in writing and must be signed by you.\n\n4—Methods of service\nThe cooling‑off notice must be—\n\t(a)\tgiven to the vendor personally; or\n\t(b)\tposted by registered post to the vendor at the following address:\n(being the vendor's last known address); or\n\t(c)\ttransmitted by fax or email to the following fax number or email address:\n(being a number or address provided to you by the vendor for the purpose of service of the notice); or\n\t(d)\tleft 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:\n(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).\nSection 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—\n\t(a)\tif 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\n\t(b)\tif you intend to serve the notice by fax or email, you obtain a record of the transmission of the fax or email.\n\n5—Effect of service\nIf 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—\n\t(a)\tthe amount of any deposit paid if the deposit did not exceed $100; or\n\t(b)\tan amount paid for an option to purchase the land.\n\nProceeding with the purchase\nIf you wish to proceed with the purchase—\n\t(a)\tit is strongly recommended that you take steps to make sure your interest in the property is adequately insured against loss or damage; and\n\t(b)\tpay 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\n\t(c)\tyou are entitled to retain the solicitor or registered conveyancer of your choice.\n\n(section 7(1))\n*I/We,\nof\nbeing 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.\n\nPart D—Certificate with respect to prescribed inquiries by registered agent\n(section 9)\nI,\ncertify *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.\nExceptions:\n*Vendor's/Purchaser's agent\n*Person authorised to act on behalf of *Vendor's/Purchaser's agent\n☐\nSchedule—Division 1—Particulars of mortgages, charges and prescribed encumbrances affecting the land\nSection 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.\nWhere 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—\n\t(a)\tthere is an attachment to this statement and—\n\t(i)\tall the required particulars are contained in that attachment; and\n\t(ii)\tthe attachment is identified in column 2; and\n\t(iii)\tif 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\n\t(b)\tthe mortgage, charge or prescribed encumbrance—\n\t(i)\tis 1 of the following items in the table:\n\t(A)\tunder the heading 1. General—\n\t1.1\tMortgage of land\n\t1.4\tLease, agreement for lease, tenancy agreement or licence\n\t1.5\tCaveat\n\t1.6\tLien or notice of a lien\n\t(B)\tunder the heading 36. Other charges—\n\t36.1\tCharge of any kind affecting the land (not included in another item); and\n\t(ii)\tis registered on the certificate of title to the land; and\n\t(iii)\tis to be discharged or satisfied prior to or at settlement.\n\nTable of particulars\n\nColumn 3\n[If an item is applicable, ensure that the box for the item is ticked and complete the item.]\n[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—\n\t(a)\tthe heading \"1. General\" and items 1.1, 1.2, 1.3 and 1.4; and\n\t(b)\tthe heading \"5. Development Act 1993 (repealed)\" and item 5.1; and\n\t(c)\tthe heading \"6. Repealed Act conditions\" and item 6.1; and\n\t(d)\tthe heading \"29. Planning, Development and Infrastructure Act 2016\" and items 29.1 and 29.2,\nwhich must be retained as part of this statement whether applicable or not.]\n[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.]\n[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.]\n[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.]\n1. General\n1.1\nMortgage of land\n☐\n\nNumber of mortgage (if registered):\n\nName of mortgagee:\n\n1.2\nEasement\n(whether over the land or annexed to the land)\n\"Easement\" includes rights of way and party wall rights.\n☐\n\nDescription of land subject to easement:\n\nNature of easement:\n\nAre you aware of any encroachment on the easement?\n\nIf there is an encroachment, has approval for the encroachment been given?\n\n1.3\nRestrictive covenant\n☐\n\nNature of restrictive covenant:\n\nName of person in whose favour restrictive covenant operates:\n\nDoes the restrictive covenant affect the whole of the land being acquired?\nIf NO, give details:\n\nDoes the restrictive covenant affect land other than that being acquired?\n\n1.4\nLease, agreement for lease, tenancy agreement or licence \n(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.)\n☐\n\nPeriod of lease, agreement for lease etc:\nFrom      to\n\nAmount of rent or licence fee:\n$       per      (period)\n\nIs the lease, agreement for lease etc in writing?\n\nIf the lease or licence was granted under an Act relating to the disposal of Crown lands, specify—\n\t(a)\tthe Act under which the lease or licence was granted:\n\t(b)\tthe outstanding amounts due (including any interest or penalty):\n\n1.5\nCaveat\n☐\n\nName and address of caveator:\n\nParticulars of interest claimed:\n\n1.6\nLien or notice of a lien\n☐\n\nLand or other property subject to lien:\n\nNature of lien:\n\nName and address of person who has imposed lien or given notice of it:\n\n2. Aboriginal Heritage Act 1988\n2.1\nsection 9—Registration in central archives of an Aboriginal site or object\n☐\n\nParticulars of register entry:\n\n2.2\nsection 24—Directions prohibiting or restricting access to, or activities on, a site or an area surrounding a site\n☐\n\nSite or area to which notice relates:\n\nDirections (as stated in notice):\n\n2.3\nPart 3 Division 6—Aboriginal heritage agreement\n☐\n\n3. Burial and Cremation Act 2013\n3.1\nsection 8—Human remains interred on land\n☐\n\nHave human remains been interred on the land that will not be exhumed prior to settlement?\n\nGPS coordinates of the remains:\n\n4. Crown Rates and Taxes Recovery Act 1945\n4.1\nsection 5—Notice requiring payment\n☐\n\nLand in respect of which Crown rates and taxes are owing:\n\nAmount owing (as stated in the notice):\n\n5. Development Act 1993 (repealed)\n5.1\nsection 42—Condition (that continues to apply) of a development authorisation\n☐\n\n5.2\nsection 50(1)—Requirement to vest land in a council or the Crown to be held as open space\n☐\n\n5.3\nsection 50(2)—Agreement to vest land in a council or the Crown to be held as open space\n☐\n\n5.4\nsection 55—Order to remove or perform work\n☐\n\n5.5\nsection 56—Notice to complete development\n☐\n\n5.6\nsection 57—Land management agreement\n☐\n\n5.7\nsection 60—Notice of intention by building owner\n☐\n\n5.8\nsection 69—Emergency order\n☐\n\n5.9\nsection 71—Fire safety notice\n☐\n\n5.10\nsection 84—Enforcement notice\n☐\n\nName of relevant authority giving notice:\n\n5.11\nsection 85(6), 85(10) or 106—Enforcement order\n☐\n\n5.12\n","sortOrder":5},{"sectionNumber":"Part 11","sectionType":"part","heading":"Division 2—Proceedings","content":"Part 11 Division 2—Proceedings\n☐\n\n6. Repealed Act conditions\n6.1\nCondition (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 1967 (repealed)\n☐\n\nNature of condition(s):\n\n7. Emergency Services Funding Act 1998\n7.1\nsection 16—Notice to pay levy\n☐\n\n8. Environment Protection Act 1993\n8.1\nsection 59—Environment performance agreement that is registered in relation to the land\n☐\n\n8.2\nsection 93—Environment protection order that is registered in relation to the land\n☐\n\n8.3\nsection 93A—Environment protection order relating to cessation of activity that is registered in relation to the land\n☐\n\n8.4\nsection 99—Clean‑up order that is registered in relation to the land\n☐\n\n8.5\nsection 100—Clean‑up authorisation that is registered in relation to the land\n☐\n\nAmount of charge on the land (if known): \n\n8.6\nsection 103H—Site contamination assessment order that is registered in relation to the land\n☐\n\n8.7\nsection 103J—Site remediation order that is registered in relation to the land\n☐\n\n8.8\nsection 103N—Notice of declaration of special management area in relation to the land (due to possible existence of site contamination)\n☐\n\nDescription of area or areas to which the notice relates:\n\n8.9\nsection 103P—Notation of site contamination audit report in relation to the land\n☐\n\nDate of notation:\n\nSite contamination audit reports are kept by the EPA in the public register under section 109 of the Environment Protection Act 1993.\n\n8.10\nsection 103S—Notice of prohibition or restriction on taking water affected by site contamination in relation to the land\n☐\n\nDescription of the water to which the notice relates:\n\nParticulars given in the notice of the site contamination affecting the water:\n\n9. Fences Act 1975\n9.1\nsection 5—Notice of intention to perform fencing work\n☐\n\nName and address of person to whom notice was given or from whom notice was received:\n\nParticulars of relevant boundary:\n\nKind of fence proposed to be constructed or nature of work proposed to be done to existing fence:\n\nCost or estimated cost of fence or work (as stated in the notice):\n\nAmount sought by proponent from adjoining owner (as stated in the notice):\n\nIf there is a cross‑notice under section 6, give details of—\n\t(a)\tthe proposals objected to:\n\t(b)\tthe counter‑proposals:\n\n10. Fire and Emergency Services Act 2005\n10.1\nsection 105F (or section 56 or 83 (repealed))—Notice to take action to prevent outbreak or spread of fire\n☐\n\nPerson or body who issued notice:\n\nRequirements of notice (as stated therein):\n\n11. Food Act 2001\n11.1\nsection 44—Improvement notice\n☐\n\nName of authorised officer who served notice:\n\nName of authority that appointed officer:\n\n11.2\nsection 46—Prohibition order\n☐\n\nName of authority or person who served order:\n\n12. Ground Water (Qualco-Sunlands) Control Act 2000\n12.1\n","sortOrder":6},{"sectionNumber":"Part 6","sectionType":"part","heading":"Risk management allocation","content":"Part 6—Risk management allocation\n☐\n\nIs a waterlogging and salinity risk management allocation attached to the whole or any part of the land?\nIf YES, give details of the allocation and the land to which it is attached:\n\n12.2\nsection 56—Notice to pay share of Trust costs, or for unauthorised use of water, in respect of irrigated property\n☐\n\n13. Heritage Places Act 1993\n13.1\nsection 14(2)(b)—Registration of an object of heritage significance\n☐\n\nDate of registration:\n\nDescription and location of object registered:\n\n13.2\nsection 17 or 18—Provisional registration or registration\n☐\n\nDescription of place registered:\n\nHas the place been designated as a place of geological, palaeontological or speleological significance or archaeological significance?\n\n13.3\nsection 30—Stop order\n☐\n\n13.4\nPart 6—Heritage agreement\n☐\n\n13.5\nsection 38—\"No development\" order\n☐\n\n14. Highways Act 1926\n14.1\n","sortOrder":7},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Establishment of control of access from any road abutting the land","content":"Part 2A—Establishment of control of access from any road abutting the land\n☐\n\nDate of establishment of control of access:\n\nDescription of boundary of land affected:\n\n15. Housing Improvement Act 1940 (repealed)\n15.1\nsection 23—Declaration that house is undesirable or unfit for human habitation\n☐\n\nDate of declaration:\n\nThose particulars required to be provided by a council under section 23:\n\n15.2\n","sortOrder":8},{"sectionNumber":"Part 7","sectionType":"part","heading":"(rent control for substandard houses)—Notice or declaration","content":"Part 7 (rent control for substandard houses)—Notice or declaration\n☐\n\nDate of notice or declaration:\n\nThose particulars required to be provided by the housing authority under section 60:\n\n16. Housing Improvement Act 2016\n16.1\nPart 3 Division 1—Assessment, improvement or demolition orders\n☐\n\nThose particulars required to be provided by the Minister under section 14 or 15 (if applicable):\n\n16.2\nsection 22—Notice to vacate premises\n☐\n\nName of authority that issued the notice:\n\nDate by which the premises must be vacated:\n\n16.3\nsection 25—Rent control notice\n☐\n\nMaximum rent payable (per week):\n\n17. Land Acquisition Act 1969\n17.1\nsection 10—Notice of intention to acquire\n☐\n\nName of Authority who served notice:\n\nDescription of land intended to be acquired (as described in the notice):\n\n18. Landscape South Australia Act 2019\n18.1\nsection 72—Notice to pay levy in respect of costs of regional landscape board\n☐\n\n18.2\nsection 78—Notice to pay levy in respect of right to take water or taking of water\n☐\n\n18.3\nsection 99—Notice to prepare an action plan for compliance with general statutory duty\n☐\n\n18.4\nsection 107—Notice to rectify effects of unauthorised activity\n☐\n\n18.5\nsection 108—Notice to maintain watercourse or lake in good condition\n☐\n\n18.6\nsection 109—Notice restricting the taking of water or directing action in relation to the taking of water\n☐\n\nWater resource to which notice applies:\n\n18.7\nsection 111—Notice to remove or modify a dam, embankment, wall or other obstruction or object\n☐\n\n18.8\nsection 112—Permit (or condition of a permit) that remains in force\n☐\n\n18.9\nsection 120—Notice to take remedial or other action in relation to a well\n☐\n\nLocation of well:\n\n18.10\nsection 135—Water resource works approval\n☐\n\nDetails of site where works are authorised:\n\n18.11\nsection 142—Site use approval\n☐\n\nDetails of location where water use is allowed:\n\n18.12\nsection 166—Forest water licence\n☐\n\nDetails of location of forest to which licence relates:\n\n18.13\nsection 191—Notice of instruction as to keeping or management of animal or plant\n☐\n\n18.14\nsection 193—Notice to comply with action order for the destruction or control of animals or plants\n☐\n\n18.15\nsection 194—Notice to pay costs of destruction or control of animals or plants on road reserve\n☐\n\n18.16\nsection 196—Notice requiring control or quarantine of animal or plant\n☐\n\n18.17\nsection 207—Protection order to secure compliance with specified provisions of the Act\n☐\n\n18.18\nsection 209—Reparation order requiring specified action or payment to make good damage resulting from contravention of the Act\n☐\n\n18.19\nsection 211—Reparation authorisation authorising specified action to make good damage resulting from contravention of the Act\n☐\n\n18.20\nsection 215—Orders made by ERD Court\n☐\n\n18.21\nsection 219—Management agreements\n☐\n\nRequirements of agreement:\n\n18.22\nsection 235—Additional orders on conviction\n☐\n\nDate of conviction:\n\nName of court by which conviction is recorded:\n\nRequirements of additional order(s):\n\n19. Land Tax Act 1936\n19.1\nNotice, order or demand for payment of land tax\n☐\n\nDate of notice, order or demand:\n\nAmount payable (as stated in the notice):\n\n20. Local Government Act 1934 (repealed)\n20.1\n☐\n\n21. Local Government Act 1999\n21.1\n☐\n\n22. Local Nuisance and Litter Control Act 2016\n22.1\nsection 30—Nuisance or litter abatement notice\n☐\n\nNotice issued by:\n\nNature of requirements contained in notice:\n\n23. Metropolitan Adelaide Road Widening Plan Act 1972\n23.1\nsection 6—Restriction on building work\n☐\n\nDoes the restriction apply to all of the land?\nIf NO, give details about the part of the land to which the restriction applies:\n\n24. Mining Act 1971\n24.1\nMineral tenement (other than an exploration licence)\n☐\n\nType of tenement:\n\nTerms of tenement:\n\nCondition(s) (if any) the tenement is subject to:\n\n24.2\nsection 9AA—Notice, agreement or order to waive exemption from authorised operations\n☐\n\nDate of notice, agreement or order:\n\nDescription of land subject to notice, agreement or order:\n\nPeriod of waiver:\n\nTerms (and condition(s), if any) of notice, agreement or order:\n\n24.3\nsection 56T(1)—Consent to a change in authorised operations\n☐\n\n24.4\nsection 58(a)—Agreement authorising tenement holder to enter land\n☐\n\n24.5\nsection 58A—Notice of intention to commence authorised operations or apply for lease or licence\n☐\n\nDescription of property subject to notice:\n\nName of person who served notice:\n\nName of person on whom notice was served:\n\n24.6\nsection 61—Agreement or order to pay compensation for authorised operations\n☐\n\nDate of agreement or order:\n\nDescription of property subject to agreement or order:\n\nTerms of agreement or order:\n\n24.7\nsection 75(1)—Consent relating to extractive minerals\n☐\n\n24.8\nsection 82(1)—Deemed consent or agreement\n☐\n\nDate of consent or agreement:\n\nDescription of property subject to consent or agreement:\n\nName of owner of the land/tenement holder deemed to have provided consent or agreement:\n\nTerms of consent or agreement:\n\n24.9\nProclamation with respect to a private mine\n☐\n\nDate of proclamation:\n\n25. Native Vegetation Act 1991\n25.1\nPart 4 Division 1—Heritage agreement\n☐\n\n25.2\nsection 25C—Conditions of approval regarding achievement of environmental benefit by accredited third party provider\n☐\n\n25.3\nsection 25D—Management agreement\n☐\n\n25.4\nPart 5 Division 1—Refusal to grant consent, or condition of a consent, to clear native vegetation\n☐\n\nDate of refusal or grant of consent:\n\nIf consent given, condition(s) (if any) of the consent:\n\n26. Natural Resources Management Act 2004 (repealed)\n26.1\nsection 97—Notice to pay levy in respect of costs of regional NRM board\n☐\n\n26.2\nsection 123—Notice to prepare an action plan for compliance with general statutory duty\n☐\n\n26.3\nsection 134—Notice to remove or modify a dam, embankment, wall or other obstruction or object\n☐\n\n26.4\nsection 135—Condition (that remains in force) of a permit\n☐\n\n26.5\nsection 181—Notice of instruction as to keeping or management of animal or plant\n☐\n\n26.6\nsection 183—Notice to prepare an action plan for the destruction or control of animals or plants\n☐\n\n26.7\nsection 185—Notice to pay costs of destruction or control of animals or plants on road reserve\n☐\n\n26.8\nsection 187—Notice requiring control or quarantine of animal or plant\n☐\n\n26.9\nsection 193—Protection order to secure compliance with specified provisions of the Act\n☐\n\n26.10\nsection 195—Reparation order requiring specified action or payment to make good damage resulting from contravention of the Act\n☐\n\n26.11\nsection 197—Reparation authorisation authorising specified action to make good damage resulting from contravention of the Act\n☐\n\n27. Outback Communities (Administration and Management) Act 2009\n27.1\nsection 21—Notice of levy or contribution payable\n☐\n\nType of levy or contribution:\n\n28. Phylloxera and Grape Industry Act 1995\n28.1\nsection 23(1)—Notice of contribution payable\n☐\n\n29. Planning, Development and Infrastructure Act 2016\n29.1\nPart 5—Planning and Design Code\n☐\n\nTitle or other brief description of zone, subzone and overlay in which the land is situated (as shown in the Planning and Design Code):\n\nIs there a State heritage place on the land or is the land situated in a State heritage area?\n\nIs the land designated as a local heritage place?\n\nIs there a tree or stand of trees declared in Part 10 of the Planning and Design Code to be a significant tree or trees on the land?\n\nIs there a current amendment to the Planning and Design Code released for public consultation by a designated entity on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation?\n\nFor further information about the Planning and Design Code visit https://code.plan.sa.gov.au.\n\n29.2\nsection 127—Condition (that continues to apply) of a development authorisation\n☐\n\nName of relevant authority that granted authorisation:\n\n29.3\nsection 139—Notice of proposed work and notice may require access\n☐\n\nName of person giving notice of proposed work:\n\n29.4\nsection 140—Notice requesting access\n☐\n\nName of person requesting access:\n\nReason for which access is sought (as stated in the notice):\n\nActivity or work to be carried out:\n\n29.5\nsection 141—Order to remove or perform work\n☐\n\n29.6\nsection 142—Notice to complete development\n☐\n\n29.7\nsection 155—Emergency order\n☐\n\n29.8\nsection 157—Fire safety notice\n☐\n\n29.9\nsection 192 or 193—Land management agreement\n☐\n\n29.10\nsection 198(1)—Requirement to vest land in a council or the Crown to be held as open space\n☐\n\n29.11\nsection 198(2)—Agreement to vest land in a council or the Crown to be held as open space\n☐\n\n29.12\n","sortOrder":9},{"sectionNumber":"Part 16","sectionType":"part","heading":"Division 1—Proceedings","content":"Part 16 Division 1—Proceedings\n☐\n\n29.13\nsection 213—Enforcement notice\n☐\n\nName of designated authority giving notice:\n\n29.14\nsection 214(6), 214(10) or 222—Enforcement order\n☐\n\n30. Plant Health Act 2009\n30.1\nsection 8 or 9—Notice or order concerning pests\n☐\n\nDate of Gazette in which notice published (if applicable):\n\nNature of requirement, restriction or prohibition:\n\n31. Public and Environmental Health Act 1987 (repealed)\n31.1\nPart 3—Notice\n☐\n\nName of council or other authority giving notice:\n\n31.2\nPublic and Environmental Health (Waste Control) Regulations 2010 (or 1995) (revoked) Part 2—Condition (that continues to apply) of an approval\n☐\n\nName of relevant authority that granted the approval:\n\n31.3\nPublic and Environmental Health (Waste Control) Regulations 2010 (revoked) regulation 19— Maintenance order (that has not been complied with)\n☐\n\nName of relevant authority giving order:\n\n32. South Australian Public Health Act 2011\n32.1\nsection 66—Direction or requirement to avert spread of disease\n☐\n\nDate of direction or requirement:\n\nName of authority giving direction or making requirement:\n\nNature of direction or requirement:\n\n32.2\nsection 92—Notice\n☐\n\nName of council or other relevant authority giving notice:\n\n32.3\nSouth Australian Public Health (Wastewater) Regulations 2013 Part 4—Condition (that continues to apply) of an approval\n☐\n\nName of person or body that granted the approval:\n\n33. Upper South East Dryland Salinity and Flood Management Act 2002 (expired)\n33.1\nsection 23—Notice of contribution payable\n☐\n\nAmount payable:\n\n34. Water Industry Act 2012\n34.1\nNotice or order under the Act requiring payment of charges or other amounts or making other requirement\n☐\n\nName of person or body who served notice or order:\n\nAmount payable (if any) as specified in the notice or order:\n\nNature of other requirement made (if any) as specified in the notice or order:\n\n35. Water Resources Act 1997 (repealed)\n35.1\nsection 18—Condition (that remains in force) of a permit\n☐\n\n35.2\nsection 125 (or a corresponding previous enactment)—Notice to pay levy\n☐\n\n36. Other charges\n36.1\nCharge of any kind affecting the land (not included in another item)\n☐\n\nPerson or body in whose favour charge exists:\n\nNature of charge:\n\nAmount of charge (if known):\n\nSchedule—Division 2—Other particulars\n☐\n\nParticulars of transactions in last 12 months\n☐\n\nIf the vendor, within 12 months before the date of the contract of sale—\n\n\t(a)\tobtained title to the land; or\n\t(b)\tobtained an option to purchase the land; or\n\t(c)\tentered into a contract to purchase the land (whether on the vendor's own behalf or on behalf of another),\n\nthe vendor must provide the following particulars of all transactions relating to the acquisition of the interest that occurred within that 12 month period:\n\nThe name and address of each party to the transaction and of each person in whom an interest vested as a result of the transaction:\n\nThe date and nature of each instrument registered on the certificate of title or, if no such instrument has been registered, the date and nature of each document forming the whole or part of a contract relating to the transaction:\n\nParticulars of the consideration provided for the purposes of the transaction:\n\nThe above particulars must be provided for each transaction.\n\nParticulars relating to community lot (including strata lot) or development lot\n☐\n\nName of community corporation:\nAddress of community corporation:\n\nApplication must be made in writing to the community corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the community corporation for the documents referred to in 6 unless those documents are obtained from the Lands Titles Registration Office.\n\nParticulars supplied by the community corporation or known to the vendor:\n\t(a)\tparticulars of contributions payable in relation to the lot (including details of arrears of contributions related to the lot):\n\t(b)\tparticulars of assets and liabilities of the community corporation:\n\t(c)\tparticulars of expenditure that the community corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute:\n\t(d)\tif the lot is a development lot, particulars of the scheme description relating to the development lot and particulars of the obligations of the owner of the development lot under the development contract:\n\t(e)\tif the lot is a community lot, particulars of the lot entitlement of the lot:\n\n[If any of the above particulars have not been supplied by the community corporation by the date of this statement and are not known to the vendor, state \"not known\" for those particulars.]\n\nDocuments supplied by the community corporation that are enclosed: \n\t(a)\ta copy of the minutes of the general meetings of the community corporation and management committee *for the 2 years preceding this statement/since the deposit of the community plan;\n(*Strike out or omit whichever is the greater period)\n\t(b)\ta copy of the statement of accounts of the community corporation last prepared;\n\t(c)\ta copy of current policies of insurance taken out by the community corporation.\n\n[For each document indicate (YES or NO) whether or not the document has been supplied by the community corporation by the date of this statement.]\n\nIf \"not known\" has been specified for any particulars in 3 or a document referred to in 4 has not been supplied, set out the date of the application made to the community corporation and give details of any other steps taken to obtain the particulars or documents concerned:\n\nThe following documents are enclosed:\n\n\t(a)\ta copy of the scheme description (if any) and the development contract (if any);\n\t(b)\ta copy of the by-laws of the community scheme.\n☐\nThe following additional particulars are known to the vendor or have been supplied by the community corporation:\n☐\nFurther inquiries may be made to the secretary of the community corporation or the appointed community scheme manager.\n\n\t(1)\tA community corporation must (on application by or on behalf of a current or prospective owner or other relevant person) provide the particulars and documents referred to in 3(a)—(c) and 4 and must also make available for inspection any information required to establish the current financial position of the corporation, a copy of any contract with a body corporate manager and the register of owners and lot entitlements that the corporation maintains: see sections 139 and 140 of the Community Titles Act 1996.\n\t(2)\tCopies of the scheme description, the development contract or the by‑laws of the community scheme may be obtained from the community corporation or from the Lands Titles Registration Office.\n\t(3)\tAll owners of a community lot or a development lot are bound by the by‑laws of the community scheme. The by‑laws regulate the rights and liabilities of owners of lots in relation to their lots and the common property and matters of common concern.\n\t(4)\tFor a brief description of some of the matters that need to be considered before purchasing a community lot, see Division 3 of this Schedule.\n\nParticulars relating to strata unit\n☐\n\nName of strata corporation:\nAddress of strata corporation:\n\nApplication must be made in writing to the strata corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the strata corporation for the articles referred to in 6 unless the articles are obtained from the Lands Titles Registration Office.\n\nParticulars supplied by the strata corporation or known to the vendor:\n\t(a)\tparticulars of contributions payable in relation to the unit (including details of arrears of contributions related to the unit):\n\t(b)\tparticulars of the assets and liabilities of the strata corporation:\n\t(c)\tparticulars of expenditure that the strata corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute:\n\t(d)\tparticulars of the unit entitlement of the unit:\n\n[If any of the above particulars have not been supplied by the strata corporation by the date of this statement and are not known to the vendor, state \"not known\" for those particulars.]\n\nDocuments supplied by the strata corporation that are enclosed:\n\t(a)\ta copy of the minutes of the general meetings of the strata corporation and management committee *for the 2 years preceding this statement/since the deposit of the strata plan;\n(*Strike out or omit whichever is the greater period)\n\t(b)\ta copy of the statement of accounts of the strata corporation last prepared;\n\t(c)\ta copy of current policies of insurance taken out by the strata corporation.\n\n[For each document indicate (YES or NO) whether or not the document has been supplied by the strata corporation by the date of this statement.]\n\nIf \"not known\" has been specified for any particulars in 3 or a document referred to in 4 has not been supplied, set out the date of the application made to the strata corporation and give details of any other steps taken to obtain the particulars or documents concerned:\n\nA copy of the articles of the strata corporation is enclosed.\n\nThe following additional particulars are known to the vendor or have been supplied by the strata corporation:\n☐\nFurther inquiries may be made to the secretary of the strata corporation or the appointed strata manager.\n\n\t1\tA strata corporation must (on application by or on behalf of a current owner, prospective purchaser or other relevant person) provide the particulars and documents referred to in 3(a)—(c), 4 and 6 and must also make available for inspection its accountancy records and minute books, any contract with a body corporate manager, the register of unit holders and unit holder entitlements that it maintains and any documents in its possession relating to the design and construction of the buildings or improvements on the site or relating to the strata scheme.\n","sortOrder":10},{"sectionNumber":"2","sectionType":"section","heading":"Copies of the articles of the strata corporation may also be obtained from the Lands Titles Registration Office.","content":"\t2\tCopies of the articles of the strata corporation may also be obtained from the Lands Titles Registration Office.\n\t3\tAll owners of a strata unit are bound by the articles of the strata corporation. The articles regulate the rights and liabilities of owners of units in relation to their units and the common property and matters of common concern.\n\t4\tFor a brief description of some of the matters that need to be considered before purchasing a strata unit, see Division 3 of this Schedule.\n\nParticulars of building indemnity insurance\n☐\n\nBuilding indemnity insurance is not required for—\n\t(a)\tdomestic building work for which approval under the Planning, Development and Infrastructure Act 2016, the repealed Development Act 1993 or the repealed Building Act 1971 is or was not required; or\n\t(b)\tminor domestic building work (see section 3 of the Building Work Contractors Act 1995); or\n\t(c)\tdomestic building work commenced before 1 May 1987; or\n\t(d)\tbuilding work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 applies under the Building Work Contractors Regulations 2011; or\n\t(e)\tbuilding work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 has been granted under section 45 of that Act.\n\nDetails of building indemnity insurance still in existence for building work on the land:\n\nName(s) of person(s) insured:\n\nName of insurer:\n\nLimitations on the liability of the insurer:\n\nName of builder:\n\nBuilder's licence number:\n\nDate of issue of insurance:\n\nDescription of insured building work:\n\nExemption from holding insurance:\n\nIf particulars of insurance are not given, has an exemption been granted under section 45 of the Building Work Contractors Act 1995 from the requirement to hold an insurance policy in accordance with Division 3 of Part 5 of that Act?\n\t(a)\tDate of the exemption:\n\t(b)\tName of builder granted the exemption:\n\t(c)\tLicence number of builder granted the exemption:\n\t(d)\tDetails of building work to which the exemption applies:\n\t(e)\tDetails of conditions (if any) to which the exemption is subject:\n\nParticulars relating to asbestos at workplaces\n☐\n\nIn these particulars—\nasbestos and asbestos containing material have the same meaning as in the Work Health and Safety Regulations 2012;\nworkplace has the same meaning as in the Work Health and Safety Act 2012.\n\nIs there a workplace on the land?\n\nIf YES, is there an asbestos register for the workplace?\n\nIf YES, does that register record any asbestos or asbestos containing material at the workplace (or likely to be present at the workplace from time to time) and specify the location, type and condition of that asbestos or asbestos containing material?\n\nIf YES—\n\t(b)\thas a plan been prepared for the management of asbestos at the workplace?\n\t(c)\tis any asbestos or asbestos containing material to be removed before settlement?\n\n\t1.\tA register is not required to be prepared for a workplace—\n\t(a)\tif a register has already been prepared for the workplace; or\n\t(b)\tif—\n\t(i)\tthe workplace is a building that was constructed after 31 December 2003; and\n\t(ii)\tno asbestos has been identified at the workplace; and\n\t(iii)\tno asbestos is likely to be present at the workplace from time to time.\n\t2.\tA person with management or control of a workplace who plans to relinquish management or control must ensure (so far as is reasonably practicable) that the asbestos register is given to the person assuming management or control of the workplace.\n\nParticulars relating to aluminium composite panels\n☐\n\nHas 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—\n\t(a)\tas having aluminium composite panels installed on the exterior of the building; and\n\t(b)\tas constituting a moderate, high or extreme risk as a result of that installation; and\n\t(c)\tas requiring remediation to reduce the risk to an acceptable level; and\n\t(d)\tas 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?\n\n\t1\tthe actions required to remediate the risk (if known):\n\t2\tthe estimated costs of remediation (if known):\n\nParticulars relating to court or tribunal process\n☐\n\nIf process has issued out of any court or tribunal in relation to a claim—\n\t(a)\tthat is stated to affect the land or the value of which is $5 000 or more; and\n\t(b)\tthat presently affects (or may prospectively affect) title to, or the possession or enjoyment of, the land,\nthe vendor must provide the following particulars:\n\n\t1\tName of court or tribunal:\n\t2\tNames of parties:\n\t3\tNature of claim:\n\t4\tAmount of claim (if applicable):\n\t5\tAmount of judgment (if applicable):\n\t6\tName of judgment creditor (if applicable):\n\nParticulars relating to land irrigated or drained under Irrigation Acts\n☐\n\n1—Land irrigated or drained under Irrigation Act 2009\nIf the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by an irrigation trust under the Irrigation Act 2009—\n\t(a)\thas the trust given notice under section 40 of that Act in respect of the land?\n\t(iii)\tthe amount (if any) payable under section 40(7) of the Act:\n\t(b)\thas the trust given notice under section 50 of that Act?\n☐\n2—Land irrigated or drained under Renmark Irrigation Trust Act 2009\nIf the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by the Renmark Irrigation Trust under the Renmark Irrigation Trust Act 2009—\n\t(a)\thas the Trust given notice under section 41 of that Act in respect of the land?\n\t(iii)\tthe amount (if any) payable under section 41(7) of the Act:\n\t(b)\thas the Trust given notice under section 52 of that Act in respect of the land?\n☐\n\nParticulars relating to environment protection\n☐\n1—Interpretation\n\n\t(1)\tIn this and the following items (items 1 to 7 inclusive)—\ndomestic activity has the same meaning as in the Environment Protection Act 1993;\nenvironmental assessment, in relation to land, means an assessment of the existence or nature or extent of—\n\t(a)\tsite contamination (within the meaning of the Environment Protection Act 1993) at the land; or\n\t(b)\tany other contamination of the land by chemical substances,\nand includes such an assessment in relation to water on or below the surface of the land;\nEPA means the Environment Protection Authority established under the Environment Protection Act 1993;\npre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the EPA as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—\n\t(a)\tthe nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and\n\t(b)\tthe suitability of the land for a particular use; and\n\t(c)\twhat remediation is or remains necessary for a particular use,\nbut does not include a site contamination audit (as defined below) completed on or after 1 July 2009;\npre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre‑1 July 2009 site audit;\nprescribed commercial or industrial activity—see item 1(2);\nprescribed fee means the fee prescribed under the Environment Protection Act 1993 for inspection of, or obtaining copies of information on, the public register;\npublic register means the public register kept by the EPA under section 109 of the Environment Protection Act 1993;\nsite contamination audit has the same meaning as in the Environment Protection Act 1993;\nsite contamination audit report has the same meaning as in the Environment Protection Act 1993.\n\t(2)\tFor the purposes of this and the following items (items 1 to 7 inclusive), each of the following activities (as defined in Schedule 3 clause 2 of the Environment Protection Regulations 2023) is a prescribed commercial or industrial activity:\n\nabrasive blasting\nacid sulphate soil generation\nagricultural activities\nairports, aerodromes or aerospace industry\nanimal burial\nanimal dips or spray race facilities\nanimal feedlots\nanimal saleyards\nasbestos disposal\nasphalt or bitumen works\nbattery manufacture, recycling or disposal\nbreweries\nbrickworks\nbulk shipping facilities\ncement works\nceramic works\ncharcoal manufacture\ncoal handling or storage\ncoke works\ncompost or mulch production or storage\nconcrete batching works\ncuring or drying works\ndefence works\ndesalination plants\ndredge spoil disposal or storage\ndrum reconditioning or recycling works\ndry cleaning\nelectrical or electronics component manufacture\nelectrical substations\nelectrical transformer or capacitor works\nelectricity generation or power plants\nexplosives or pyrotechnics facilities\nfertiliser manufacture\nfibreglass manufacture\nfill or soil importation\nfire extinguisher or retardant manufacture\nfire stations\nfire training areas\nfoundry\nfuel burning facilities\nfurniture restoration\ngasworks\nglass works\nglazing\nhat manufacture or felt processing\nincineration\niron or steel works\nlaboratories\nlandfill sites\nlime burner\nmetal coating, finishing or spray painting\nmetal forging\nmetal processing, smelting, refining or metallurgical works \nmineral processing, metallurgical laboratories or mining or extractive industries\nmirror manufacture\nmotor vehicle manufacture\nmotor vehicle racing or testing venues\nmotor vehicle repair or maintenance\nmotor vehicle wrecking yards\nmushroom farming\noil recycling works\noil refineries\npaint manufacture\npest control works\nplastics manufacture works\nprinting works\npulp or paper works\nrailway operations\nrubber manufacture or processing\nscrap metal recovery\nservice stations\nship breaking\nspray painting\ntannery, fellmongery or hide curing\ntextile operations\ntransport depots or loading sites\ntyre manufacture or retreading\nvermiculture\nvessel construction, repair or maintenance\nwaste depots\nwastewater storage, treatment or disposal\nwater discharge to underground aquifer\nwetlands or detention basins\nwineries or distilleries\nwood preservation works\nwoolscouring or wool carbonising works\nworks depots (operated by councils or utilities)\n\n2—Pollution and site contamination on the land—questions for vendor\n\n\t(1)\tIs the vendor aware of any of the following activities ever having taken place at the land:\n\t(a)\tstorage, handling or disposal of waste or fuel or other chemicals (other than in the ordinary course of domestic activities)?\n\t(b)\timportation of soil or other fill from a site at which—\n\t(i)\tan activity of a kind listed in paragraph (a) has taken place; or\n\t(ii)\ta prescribed commercial or industrial activity (see item 1(2) above) has taken place?\nIf YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:\n\t(2)\tIs the vendor aware of any prescribed commercial or industrial activities (see item 1(2) above) ever having taken place at the land?\nIf YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:\n\t(3)\tIs the vendor aware of any dangerous substances ever having been kept at the land pursuant to a licence under the Dangerous Substances Act 1979?\nIf YES, give details of all dangerous substances that the vendor is aware of and whether they were kept at the land before or after the vendor acquired an interest in the land:\n\t(4)\tIs the vendor aware of the sale or transfer of the land or part of the land ever having occurred subject to an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?\nIf YES, give details of each sale or transfer and agreement that the vendor is aware of:\n\t(5)\tIs the vendor aware of an environmental assessment of the land or part of the land ever having been carried out or commenced (whether or not completed)?\nIf YES, give details of all environmental assessments that the vendor is aware of and whether they were carried out or commenced before or after the vendor acquired an interest in the land:\n\nThese questions relate to details about the land that may be known by the vendor. A \"YES\" answer to the questions at items 2(1) or 2(2) may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.\nA \"YES\" answer to any of the questions in this item may indicate the need for the purchaser to seek further information regarding the activities, for example, from the council or the EPA.\n\n3—Licences and exemptions recorded by EPA in public register\n\nDoes the EPA hold any of the following details in the public register:\n\n\t(a)\tdetails of a current licence issued under Part 6 of the Environment Protection Act 1993 to conduct any prescribed activity of environmental significance under Schedule 1 of that Act at the land?\n\t(b)\tdetails of a licence no longer in force issued under Part 6 of the Environment Protection Act 1993 to conduct any prescribed activity of environmental significance under Schedule 1 of that Act at the land?\n\t(c)\tdetails of a current exemption issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?\n\t(d)\tdetails of an exemption no longer in force issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?\n\t(e)\tdetails of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to operate a waste depot at the land?\n\t(f)\tdetails of a licence issued under the repealed Waste Management Act 1987 to operate a waste depot at the land?\n\t(g)\tdetails of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act) at the land?\n\t(h)\tdetails of a licence issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act) at the land?\n\nThese questions relate to details about licences and exemptions required to be recorded by the EPA in the public register. If the EPA answers \"YES\" to any of the questions—\n\t•\tin the case of a licence or exemption under the Environment Protection Act 1993—\n\t—\tthe purchaser may obtain a copy of the licence or exemption from the public register on payment of the prescribed fee; and\n\t—\tthe purchaser should note that transfer of a licence or exemption is subject to the conditions of the licence or exemption and the approval of the EPA (see section 49 of the Environment Protection Act 1993); and\n\t•\tin the case of a licence under a repealed Act—the purchaser may obtain details about the licence from the public register on payment of the prescribed fee.\nA \"YES\" answer to any of these questions may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.\nThe EPA will not provide details about licences to conduct the following prescribed activities of environmental significance (within the meaning of Schedule 1 Part A of the Environment Protection Act 1993): waste transport business (category A), waste transport business (category B), dredging, earthworks drainage, any other activities referred to in Schedule 1 Part A undertaken by means of mobile works, helicopter landing facilities, marinas and boating facilities or discharges to marine or inland waters.\nThe EPA will not provide details about exemptions relating to—\n\t•\tthe conduct of any of the licensed activities in the immediately preceding paragraph in this note; or\n\t•\tnoise.\n\n4—Pollution and site contamination on the land—details recorded by EPA in public register\n\nDoes the EPA hold any of the following details in the public register in relation to the land or part of the land:\n\n\t(a)\tdetails of serious or material environmental harm caused or threatened in the course of an activity (whether or not notified under section 83 of the Environment Protection Act 1993)?\n\t(b)\tdetails of site contamination notified to the EPA under section 83A of the Environment Protection Act 1993?\n\t(c)\ta copy of a report of an environmental assessment (whether prepared by the EPA or some other person or body and whether or not required under legislation) that forms part of the information required to be recorded in the public register?\n\t(d)\ta copy of a site contamination audit report?\n\t(e)\tdetails of an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?\n\t(f)\tdetails of an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?\n\t(g)\tdetails of an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?\n\t(h)\tdetails of a notification under section 103Z(1) of the Environment Protection Act 1993 relating to the commencement of a site contamination audit?\n\t(i)\tdetails of a notification under section 103Z(2) of the Environment Protection Act 1993 relating to the termination before completion of a site contamination audit?\n\t(j)\tdetails of records, held by the former South Australian Waste Management Commission under the repealed Waste Management Act 1987, of waste (within the meaning of that Act) having been deposited on the land between 1 January 1983 and 30 April 1995?\n\nThese questions relate to details required to be recorded by the EPA in the public register. If the EPA answers \"YES\" to any of the questions, the purchaser may obtain those details from the public register on payment of the prescribed fee.\n\n5—Pollution and site contamination on the land—other details held by EPA\n\nDoes the EPA hold any of the following details in relation to the land or part of the land:\n\n\t(a)\ta copy of a report known as a \"Health Commission Report\" prepared by or on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976)?\n\t(b)\tdetails (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?\n\t(c)\tdetails (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?\n\t(d)\ta copy of a pre‑1 July 2009 site audit report?\n\t(e)\tdetails relating to the termination before completion of a pre‑1 July 2009 site audit?\n\nThese questions relate to details that the EPA may hold. If the EPA answers \"YES\" to any of the questions, the purchaser may obtain those details from the EPA (on payment of any fee fixed by the EPA).\n\n6—Further information held by councils\n\nDoes the council hold details of any development approvals relating to—\n\t(a)\tcommercial or industrial activity at the land; or\n\t(b)\ta change in the use of the land or part of the land (within the meaning of the repealed Development Act 1993 or the Planning, Development and Infrastructure Act 2016)?\n\nThe question relates to information that the council for the area in which the land is situated may hold. If the council answers \"YES\" to the question, it will provide a description of the nature of each development approved in respect of the land. The purchaser may then obtain further details from the council (on payment of any fee fixed by the council). However, it is expected that the ability to supply further details will vary considerably between councils.\n\nA \"YES\" answer to paragraph (a) of the question may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.\n\nIt should be noted that—\n\t•\tthe approval of development by a council does not necessarily mean that the development has taken place;\n\t•\tthe council will not necessarily be able to provide a complete history of all such development that has taken place at the land.\n\n7—Further information for purchasers\n\nThe purchaser is advised that other matters under the Environment Protection Act 1993 (that is, matters other than those referred to in this Statement) that may be relevant to the purchaser's further enquiries may also be recorded in the public register. These include:\n\t•\tdetails relating to environmental authorisations such as applications, applicants, locations of activities, conditions, suspension, cancellation or surrender of authorisations, disqualifications, testing requirements and test results;\n\t•\tdetails relating to activities undertaken on the land under licences or other environmental authorisations no longer in force;\n\t•\twritten warnings relating to alleged contraventions of the Environment Protection Act 1993;\n\t•\tdetails of prosecutions and other enforcement action;\n\t•\tdetails of civil proceedings;\n\t•\tother details prescribed under the Environment Protection Act 1993 (see section 109(3)(l)).\n\nDetails of these matters may be obtained from the public register on payment to the EPA of the prescribed fee.\nIf—\n\t•\tan environment performance agreement, environment protection order, clean‑up order, clean‑up authorisation, site contamination assessment order or site remediation order has been registered on the certificate of title for the land; or\n\t•\ta notice of declaration of special management area in relation to the land has been gazetted; or\n\t•\ta notation has been made on the certificate of title for the land that a site contamination audit report has been prepared in respect of the land; or\n\t•\ta notice of prohibition or restriction on taking water affected by site contamination in relation to the land has been gazetted,\nit will be noted in the items under the heading Environment Protection Act 1993 under the Table of Particulars in this Statement. Details of any registered documents may be obtained from the Lands Titles Registration Office.\n\nParticulars relating to Livestock Act 1997\n☐\n\nHas any notice under section 33 or 37 of the Livestock Act 1997 been made that affects, presently or prospectively, enjoyment of the land?\n\nHas any order under section 38, or notice under section 72, of the Livestock Act 1997 been issued to the vendor in relation to the land or any building on the land?\nDate of order or notice:\nTerms of order or notice:\n\nSchedule—Division 3—Community lots and strata units\n☐\n\nMatters to be considered in purchasing a community lot or strata unit\nThe property you are buying is on strata or community title. There are special obligations and restrictions that go with this kind of title. Make sure you understand these. If unsure, seek legal advice before signing a contract. For example:\nGovernance\nYou will automatically become a member of the body corporate, which includes all owners and has the job of maintaining the common property and enforcing the rules. Decisions, such as the amount you must pay in levies, will be made by vote of the body corporate. You will need to take part in meetings if you wish to have a say. If outvoted, you will have to live with decisions that you might not agree with.\nIf you are buying into a mixed use development (one that includes commercial as well as residential lots), owners of some types of lots may be in a position to outvote owners of other types of lots. Make sure you fully understand your voting rights, see later.\nUse of your property\nYou, and anyone who visits or occupies your property, will be bound by rules in the form of articles or by‑laws. These can restrict the use of the property, for example, they can deal with keeping pets, car parking, noise, rubbish disposal, short‑term letting, upkeep of buildings and so on. Make sure that you have read the articles or by‑laws before you decide whether this property will suit you.\nDepending on the rules, you might not be permitted to make changes to the exterior of your unit, such as installing a television aerial or an air‑conditioner, building a pergola, attaching external blinds etc without the permission of the body corporate. A meeting may be needed before permission can be granted. Permission may be refused.\nNote that the articles or by‑laws could change between now and when you become the owner: the body corporate might vote to change them. Also, if you are buying before the community plan is registered, then any by‑laws you have been shown are just a draft.\nAre you buying a debt?\nIf there are unpaid contributions owing on this property, you can be made to pay them. You are entitled to know the financial state of the body corporate and you should make sure you see its records before deciding whether to buy. As a prospective owner, you can write to the body corporate requiring to see the records, including minutes of meetings, details of assets and liabilities, contributions payable, outstanding or planned expenses and insurance policies. There is a fee. To make a request, write to the secretary or management committee of the body corporate.\nExpenses\nThe body corporate can require you to maintain your property, even if you do not agree, or can carry out maintenance and bill you for it.\nThe body corporate can require you to contribute to the cost of upkeep of the common property, even if you do not agree. Consider what future maintenance or repairs might be needed on the property in the long term.\nGuarantee\nAs an owner, you are a guarantor of the liabilities of the body corporate. If it does not pay its debts, you can be called on to do so. Make sure you know what the liabilities are before you decide to buy. Ask the body corporate for copies of the financial records.\nContracts\nThe body corporate can make contracts. For example, it may engage a body corporate manager to do some or all of its work. It may contract with traders for maintenance work. It might engage a caretaker to look after the property. It might make any other kind of contract to buy services or products for the body corporate. Find out what contracts the body corporate is committed to and the cost.\nThe body corporate will have to raise funds from the owners to pay the money due under these contracts. As a guarantor, you could be liable if the body corporate owes money under a contract.\nBuying off the plan\nIf you are buying a property that has not been built yet, then you cannot be certain what the end product of the development process will be. If you are buying before a community plan has been deposited, then any proposed development contract, scheme description or by‑laws you have been shown could change.\nMixed use developments—voting rights\nYou may be buying into a group that is run by several different community corporations. This is common in mixed use developments, for example, where a group of apartments is combined with a hotel or a group of shops. If there is more than 1 corporation, then you should not expect that all lot owners in the group will have equal voting rights. The corporations may be structured so that, even though there are more apartments than shops in the group, the shop owners can outvote the apartment owners on some matters. Make enquiries so that you understand how many corporations there are and what voting rights you will have.\nFurther information\nThe Real Estate Institute of South Australia provides an information service for enquiries about real estate transactions, see www.reisa.com.au.\nThe Australian Institute of Conveyancers (SA Division) (AICSA) provides information and operates a Public Advice Service with respect to conveyancers and the conveyancing process, see www.aicsa.com.au.\nInformation and a booklet about strata and community titles is available from the Legal Services Commission of South Australia at www.lsc.sa.gov.au.\nYou can also seek advice from a legal practitioner.\nForm 2—Vendor's statement (section 8)\nLand and Business (Sale and Conveyancing) Act 1994\nPart A—Parties and business\nPart D—Certificate of qualified accountant with respect to trading statement\n†Part E—Certificate with respect to prescribed inquiries by registered agent\nSchedule 1\n†Schedule 2\nThe purpose of a statement under section 8 of the Land and Business (Sale and Conveyancing) Act 1994 is to put you on notice of certain particulars concerning the business to be acquired and any land to be acquired as part of that business.\nIf 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.\nThe 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.\nIf you desire additional information, it is up to you to make further inquiries as appropriate.\nInstructions to the vendor for completing this statement:\n† means strike out or omit the Part, Schedule, Division, Particulars or item if not applicable.\n* means strike out or omit the option that is not applicable.\nIf there is insufficient space to provide any particulars required, continue on attachments.\nThe particulars set out under the headings \"Particulars relating to environment protection\" and \"Particulars relating to Livestock Act 1997\" in Schedule 2 Division 2 must be included if the matters set out under those headings affect, presently or prospectively, the business the subject of the sale, regardless of whether land is sold under the contract for sale of the business. If land is sold under the contract, the particulars must be included in relation to both the land and the business the subject of the sale.\nPart A—Parties and business\n1\tPurchaser:\n†2\tPurchaser's registered agent:\n3\tVendor:\n†4\tVendor's registered agent:\n5\tDate of contract (if made before this statement is served): \n6\tDescription of business:\nAddress where business carried on:\n†7\tDescription of the land:\n[Identify the land including any certificate of title reference]\nRight to cool‑off\n(section 5)\n1—Right to cool‑off and restrictions on that right\nYou may notify the vendor of your intention not to be bound by the contract for the sale of the business UNLESS—\n\t(a)\tthis form has been served on you not less than 5 clear business days before the making of the contract; or\n\t(b)\tyou have, before signing the contract, received independent legal 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\n\t(c)\tyou purchased by auction; or\n\t(d)\tyou purchased on the same day as you, or some person on your behalf, bid at the auction of the business; or\n\t(e)\tthe 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 5 clear business days after service of this form; or\n\t(f)\tthe contract is made by the exercise of an option to purchase the business not less than 5 clear business days after the grant of the option and not less than 5 clear business days after service of this form; or\n\t(g)\tthe business is not a small business.\n2—Time for service\nThe cooling‑off notice must be served—\n\t(a)\tbefore the end of the fifth clear business day after the day on which this form is served on you; or\n\t(b)\tbefore settlement takes place,\nwhichever is the earlier.\n3—Form of cooling‑off notice\nThe cooling‑off notice must be in writing and must be signed by you.\n4—Methods of service\nThe cooling‑off notice must be—\n\t(a)\tgiven to the vendor personally; or\n\t(b)\tposted by registered post to the vendor at the following address:\n(being the vendor's last known address); or\n\t(c)\ttransmitted by fax or email to the following fax number or email address:           \n(being a number or address provided to you by the vendor for the purpose of service of the notice); or\n\t(d)\tleft 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:\n(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).\nSection 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—\n\t(a)\tif 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\n\t(b)\tif you intend to serve the notice by fax or email, you obtain a record of the transmission of the fax or email.\n5—Effect of service\nIf you serve such a cooling‑off notice on the vendor, the contract will be taken to have been rescinded at the time when the notice was served. You are then entitled to the return of any money you paid under the contract other than—\n\t(a)\tthe amount of any deposit paid if the deposit did not exceed $100; or\n\t(b)\tan amount paid for an option to purchase the business.\nProceeding with the purchase\nIf you wish to proceed with the purchase—\n\t(a)\tit is strongly recommended that you take steps to make sure that the business and your interest in the property are adequately insured against loss or damage; and\n\t(b)\tpay 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\n\t(c)\tyou are entitled to retain the solicitor or registered conveyancer of your choice.\n(section 8(1))\n*I/We,\nof\nbeing the *vendor(s)/person authorised to act on behalf of the vendor(s) in relation to the transaction state—\n\t(a)\tthat the particulars set out in Schedule 1—\n\t(i)\tare correct; and\n\t(ii)\tare the particulars in relation to the business required to be given to you pursuant to section 8(1)(b) of the Land and Business (Sale and Conveyancing) Act 1994 (the Act); and\n\t†(b)\tthat the sale of the business involves the sale of land and that Schedule 2 contains all particulars required to be given to you pursuant to section 7(1) of the Act.\nPart D—Certificate of qualified accountant with respect to trading statement\n(section 8(2))\nI,\n†for [name of business that the accountant represents]\nof\nbeing a member of [professional accounting body]\nand a qualified accountant, certify—\n\t(a)\tthat *I have/a person acting on my behalf has examined the records and accounts of the business for each of the financial years recorded on the trading statement in Division 1 of Schedule 1; and\n\t†(b)\tthat—\n\t(i)\tin my opinion, the trading statement fairly and accurately represents the financial operations of the business; and\n\t(ii)\tI am not aware of any circumstances that would render any particulars included in the trading statement inaccurate or misleading.\nOR\n\t†(c)\tthat—\n\t†(i)\tin my opinion, the trading statement fairly and accurately represents the financial operations of the business, subject to the following qualifications:\n[Insert qualifications]; and\nOR\n\t†(ii)\tin my opinion, the trading statement may not fairly and accurately represent the financial operations of the business because:\n[Provide clarification on individual items contained in Division 1 of Schedule 1 or general comments on the information contained in the records and accounts of the business, eg comments on the state of the records or accounts, the basis for deriving results, highlight and comment on included estimates etc. If space is insufficient, continue on attachments.]; and\n\t(iii)\tI am not aware of any other circumstances that would render any particulars included in the trading statement inaccurate or misleading.\nThis certificate must be signed by the accountant personally and cannot be signed by the vendor even if they are a qualified accountant.\n†Part E—Certificate with respect to prescribed inquiries by registered agent\n(section 9)\nI,\ncertify *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 Schedule 2.\nExceptions:\n*Vendor's/Purchaser's agent\n*Person authorised to act on behalf of *Vendor's/Purchaser's agent\nSchedule 1—Division 1—Prescribed particulars relating to business\n(section 8(1)(b))\nFinancial year means the year in respect of which the accounts of the business are made up. If by reason of any alteration of the date on which the financial year of the business terminates, the accounts have been made up for a period greater or less than 1 year, that period may be regarded as a financial year.\nIf the vendor has carried on the business for less than 3 financial years, this statement must be completed for the period commencing on the day that the vendor commenced to carry on the business and ending immediately prior to the first day of the following financial year, and thereafter for each successive financial year.\nIf the vendor has carried on the business for a period in which the financial year does not terminate, this statement applies to the period from the day on which the vendor commenced to carry on the business to the date specified in this Schedule.\n1—Summary\nName of vendor:\nLocation of business:\nDate vendor commenced in the business:\n\nFinancial Year or Period\nAverage Weekly Sales\n$\nGross Income Per Annum/Week\n$\nOverhead Costs Per Annum/Week\n$\nNet Profit Per Annum/Week\n$\nNormal Daily Trading Hours\nTo:\n\nS\nM\nT\nW\nT\nF\nS\n\nS\nM\nT\nW\nT\nF\nS\n\nS\nM\nT\nW\nT\nF\nS\n2—Plant and equipment\nDepreciated value of plant and equipment as at the end of the last financial year: $\nA depreciation Schedule must be attached.\n3—Trading statement for last 3 financial years\n\nTo:\nTo:\nTo:\nGross takings (sales)\nLess:\ncost of goods sold\nopening stock\nplus purchases\nless closing stock\n\nProfit from sales\n$\n$\n$\nProfit from sales as a percentage of gross takings\n%\n%\n%\nAdd\nother income received:\nfees\ncommissions\nother [specify]\n\nGROSS INCOME\n$\n$\n$\nLess:\nAdvertising\nAccounting fees\nBad debts\nADI charges (excluding interest)\nCleaning and laundry\nDepreciation\nDirectors' fees\nEquipment hire\nInsurance\nLeasing or rental purchase of:\n\t•\tequipment/plant\n\t•\tmotor vehicles\nLicences, trade subscriptions\nLight and power\nMotor vehicles expenses\nRates and taxes\nRent\nRepairs and maintenance\nStamps (for resale)\nStationery and postage\nSuperannuation employer contributions:\n\t•\taward/productivity superannuation\n\t•\tCommonwealth superannuation guarantee charge/levy\n\t•\temployer superannuation scheme\nTelephone\nTraining expenses (other than by way of wages or salary paid to employee)\nWages and salaries\nReturn to Work SA premium\nWrappings\nSundries\nOther expenses [specify]\n\nTrading Profit\n$\n$\n$\nAdd:\nPersonal expenses of owner (ie drawings) where included above\nGoods taken for own use\nPrivate expenses/cash\n(Proprietor's) wages\n\nNET PROFIT\n$\n$\n$\nNet profit before income tax as a percentage of gross income \n%\n%\n%\nSchedule 1—Division 2—Further prescribed particulars relating to business\n(section 8(1)(b))\n1\t(1)\tThe vendor has carried on the business for a period of                    *years/months commencing on:\n\t(2)\tThe vendor has carried on the business at the present location for                     *years/months.\n\t(3)\tThe name of the registered proprietor of the fee simple of the location at which the business is presently carried on is:\n†The name of the person who granted to the vendor the lease or licence to occupy that location is:\nIf the purchaser is not acquiring the fee simple of the location at which the business is presently carried on, it is necessary for the purchaser to ensure that they have a right to occupy the location.\n2\t(1)\tThe vendor's *lease/tenancy agreement/licence is *verbal/in writing but not registered on the certificate of title/registered on the certificate of title.\n\t(2)\tThe particulars of the vendor's *lease/tenancy agreement/licence are as follows:\n\t(a)\tdate of current *lease/tenancy agreement/licence:\n\t(b)\tterm of current *lease/tenancy agreement/licence:\n\t(c)\tdate of expiry of current *lease/tenancy agreement/licence:\n\t(d)\trates and taxes payable by *landlord/licensor:\n\t(e)\trates and taxes payable by *tenant/licensee:\n\t(f)\tright of renewal for the following period:\n\t(g)\tpresent rent: $                    per\n\t(h)\tdue date for next adjustment of rent:\n\t(i)\trent adjustment provisions for the term of the *lease/tenancy agreement/licence:\n\t(3)\tHave any written notices been given by the landlord or licensor to the vendor pursuant to the terms of the *lease/tenancy agreement/licence that have not been complied with? *YES/NO\n\t(4)\tIs the vendor aware of any written notice served on the landlord or licensor, or any circumstance, that may prospectively have a significant adverse effect on the business? *YES/NO\n3\t(1)\tThe following goods (including plant, equipment, fixtures, fittings and stock in trade) in which any person has a present or contingent interest (whether by virtue of a mortgage, charge, lease or otherwise) are included in the sale:\n\nDescription of goods\nNature of interest and date of grant or creation\nName and address of person entitled to that interest\n\t(2)\tThe following goods may have been used by the vendor or may have been included in the vendor's books of account (including depreciation Schedules) but are to be retained by the vendor and not sold to the purchaser of the business:\n4\tHas any order been given under section 46 of the Food Act 2001 prohibiting the use of unclean, insanitary or unfit equipment for the manufacture, processing, transportation, preservation, display or other handling of food for sale? *YES/NO\nDate order given:\nName of authority or person giving the order:\nRequirements of the order:\n5\t(1)\tIs there a workplace within the meaning of the Work Health and Safety Act 2012 used in the business? *YES/NO\n\t(2)\tIf YES, is there an asbestos register for the workplace? *YES/NO\n\t(3)\tIf YES, does that register record any asbestos or asbestos containing material at the workplace (or likely to be present at the workplace from time to time) and specify the location, type and condition of that asbestos or asbestos containing material? *YES/NO\n\t(4)\tIf YES—\n\t(b)\thas a plan been prepared for the management of asbestos at the workplace? *YES/NO\n\t(c)\tis any asbestos or asbestos containing material to be removed before settlement? *YES/NO\n\t(5)\tIn this clause—\nasbestos and asbestos containing material have the same meaning as in the Work Health and Safety Regulations 2012.\n","sortOrder":11},{"sectionNumber":"1","sectionType":"section","heading":"A register is not required to be prepared for a workplace—","content":"1\tA register is not required to be prepared for a workplace—\n\t(a)\tif a register has already been prepared for the workplace; or\n\t(b)\tif—\n\t(i)\tthe workplace is a building that was constructed after 31 December 2003; and\n\t(ii)\tno asbestos has been identified at the workplace; and\n\t(iii)\tno asbestos is likely to be present at the workplace from time to time.\n2\tA person with management or control of a workplace who plans to relinquish management or control must ensure (so far as is reasonably practicable) that the asbestos register is given to the person assuming management or control of the workplace.\n6\tDuring the period between the end of the most recent financial year or period covered in the summary of Division 1 of Schedule 1 and the date appearing in Part C of this statement—\n\t(a)\tthe business *was/was not satisfactorily maintained\n\t(b)\tno circumstances adversely affecting the business arose except the following:\n\t(c)\tthe average weekly sales have been: $\n\t(d)\tthe daily hours of trading have been:\n7\tDuring the period referred to in item 6, have any circumstances arisen or have any trading practices been adopted (including any substantial discounting of goods or services) that have affected—\n\t(a)\tthe gross profit of the business in dollar terms? *YES/NO\n\t(b)\tthe gross profit of the business in percentage terms? *YES/NO\nIf the answer to either question is YES, give full particulars:\n†8\t(1)\tThe asking price of the business (excluding stock and freehold interest in land (if any) being sold) is:\n\t(2)\tThe estimated value of stock to be acquired with the business is:\n\t(3)\tThe asking price for the business (including estimated value of stock but excluding price for land sold) is:\n(† Strike out or omit this item if the sale is by auction)\n9\t(1)\tDoes the business operate as a *company/sole trader/partnership/association, charitable or other organisation?\n\t(2)\tDoes the vendor work in the business? *YES/NO\n\t(3)\tDoes any other person work in the business? *YES/NO\n\t(4)\tIf the business operates as a partnership, are all of the other persons who work in the business partners in the business? *YES/NO\n\t(5)\tHas the vendor ever been registered with Return to Work Corporation of South Australia or WorkCover Corporation as an employer? *YES/NO\nIf YES, is the vendor currently so registered? *YES/NO\nYou must register with Return to Work Corporation of South Australia as an employer within 14 days of commencing to employ workers if the amount payable to your workers in a financial year (being a financial year for the purposes of regulation 50 of the Return to Work Regulations 2015) exceeds $12 286 (indexed) in total, otherwise significant penalties may be imposed.\nYou should determine whether the vendor has any workers suffering a work disability (particularly where their employment has been or is about to be terminated) as you may be required to take on the vendor's obligations under the Return to Work Act 2014. (This information may be provided to you by the vendor subject to the confidentiality provisions applicable to employers under section 186 of that Act). The premium payable by you (compared to that currently paid by the vendor) may be affected by your willingness to retain, employ or re‑employ disabled workers with compensable injuries.\n10\tThe following persons (including the vendor and members of the vendor's family whether or not remunerated) are engaged in the business in the following full‑time and part‑time positions on the days, for the hours and at the rates of pay set out below:\n\n1Position / functions (if any)\nRelationship to vendor\nDays per week\nHours per ....\nRate of pay\n\n$          per                    \n1If a person works in the business more than 20 hours per week, also provide the employee's name in the first column.\nWhere the days or hours worked, or the rate of pay, or both, cannot be described as required above, provide alternative details:\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Is there any current entitlement in excess of 3 working days in respect of any employee to—","content":"11\tIs there any current entitlement in excess of 3 working days in respect of any employee to—\n\t(a)\tLong service leave *YES/NO\n\t(b)\tAnnual recreation leave *YES/NO\n\t(c)\tSick leave *YES/NO\n\t(d)\tOther leave *YES/NO\nIf YES, specify type of leave:\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"The vendor's income tax return was lodged by—","content":"12\tThe vendor's income tax return was lodged by—\nOccupation:\nThe year of the last return being:\n†Schedule 2—Division 1—Particulars of mortgages, charges and prescribed encumbrances affecting the land\nSection 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.\nAll the particulars required by column 3 of the table below in relation to a mortgage, charge or prescribed encumbrance referred to in column 1 must be set out in column 3 unless—\n\t(a)\ta copy of a document is attached to this statement and—\n\t(i)\tall the required particulars are contained in that document; and\n\t(ii)\tthose parts of the document that contain the required particulars are identified in column 3; or\n\t(b)\tthe mortgage, charge or prescribed encumbrance—\n\t(i)\tis 1 of the following items in the table:\n\t(A)\tunder the heading \"General\"—\n\t•\tMortgage of land\n\t•\tLease, agreement for lease, tenancy agreement or licence;\n\t(B)\tunder the heading \"Other\"—\n\t•\tCaveat\n\t•\tLien or notice of a lien\n\t•\tCharge of any kind affecting the land (not included in another item); and\n\t(ii)\tis registered on the certificate of title to the land; and\n\t(iii)\tis to be discharged or satisfied prior to or at settlement.\n\nTable of particulars\nPrescribed encumbrance\nIs the encumbrance to be discharged or satisfied prior to or at settlement?\nColumn 3\nOther particulars required\nPart 1—Items that must be included in statement\n[If an item is not applicable strike it out or write \"NOT APPLICABLE\" or \"N/A\" in column 1.]\nGeneral\nMortgage of land\nNumber of mortgage (if registered):\nName of mortgagee:\nEasement\n(whether over the land or annexed to the land)\n\"Easement\" includes rights of way and party wall rights.\nDescription of land subject to easement:\nNature of easement:\nAre you aware of any encroachment on the easement? *YES/NO\n(If YES, give details):\nIf there is an encroachment, has approval for the encroachment been given? *YES/NO\n(If YES, give details):\n[attach additional page(s) if more than 1 easement]\nRestrictive covenant\nNature of restrictive covenant:\nName of person in whose favour restrictive covenant operates:\nDoes the restrictive covenant affect the whole of the land being acquired? *YES/NO\n(If NO, give details):\nDoes the restrictive covenant affect land other than that being acquired? *YES/NO\nLease, agreement for lease, tenancy agreement or licence\n(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.)\nPeriod of lease, agreement for lease etc:\nFrom           to \nAmount of rent or licence fee: $          per          (period)\nIs the lease, agreement for lease etc in writing? *YES/NO\nIf the lease or licence was granted under an Act relating to the disposal of Crown lands, specify—\n\t(a)\tthe Act under which the lease or licence was granted:\n\t(b)\tthe outstanding amounts due (including any interest or penalty): \nDevelopment Act 1993 (repealed)\nsection 42—Condition (that continues to apply) of a development authorisation\nRepealed Act conditions\nCondition (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 1967 (repealed)\nNature of condition(s):\nPlanning, Development and Infrastructure Act 2016\nPart 5—Planning and Design Code\nTitle or other brief description of zone, subzone and overlay in which the land is situated (as shown in the Planning and Design Code):\nIs there a State heritage place on the land or is the land situated in a State heritage area? *YES/NO\nIs the land designated as a local heritage place? *YES/NO\nIs there a tree or stand of trees declared in Part 10 of the Planning and Design Code to be a significant tree or trees on the land? *YES/NO\nIs there a current amendment to the Planning and Design Code released for public consultation by a designated entity on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? *YES/NO\nFor further information about the Planning and Design Code visit https://code.plan.sa.gov.au.\nsection 127—Condition (that continues to apply) of a development authorisation\nName of relevant authority that granted authorisation:\nPart 2—Items to be included if land affected\n[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.]\nAboriginal Heritage Act 1988\nsection 9—Registration in central archives of an Aboriginal site or object\nParticulars of register entry:\nsection 24—Directions prohibiting or restricting access to, or activities on, a site or an area surrounding a site\nSite or area to which notice relates:\nDirections (as stated in notice):\nPart 3 Division 6—Aboriginal heritage agreement\nBurial and Cremation Act 2013\nsection 8—Human remains interred on land\nHave human remains been interred on the land that will not be exhumed prior to settlement? *YES/NO\nGPS coordinates of the remains:\nCrown Rates and Taxes Recovery Act 1945\nsection 5—Notice requiring payment\nLand in respect of which Crown rates and taxes are owing:\nAmount owing (as stated in the notice): \nDevelopment Act 1993 (repealed)\nsection 50(1)—Requirement to vest land in a council or the Crown to be held as open space\nsection 50(2)—Agreement to vest land in a council or the Crown to be held as open space\nsection 55—Order to remove or perform work\nsection 56—Notice to complete development\nsection 57—Land management agreement\nsection 60—Notice of intention by building owner\nsection 69—Emergency order\nsection 71—Fire safety notice\nsection 84—Enforcement notice\nName of relevant authority giving notice:\nsection 85(6), 85(10) or 106—Enforcement order\nPart 11 Division 2—Proceedings\nEmergency Services Funding Act 1998\nsection 16—Notice to pay levy\nEnvironment Protection Act 1993\nsection 59—Environment performance agreement that is registered in relation to the land\nsection 93—Environment protection order that is registered in relation to the land\nsection 93A—Environment protection order relating to cessation of activity that is registered in relation to the land\nsection 99—Clean‑up order that is registered in relation to the land\nsection 100—Clean‑up authorisation that is registered in relation to the land\nAmount of charge on the land (if known): \nsection 103H—Site contamination assessment order that is registered in relation to the land\nsection 103J—Site remediation order that is registered in relation to the land\nsection 103N—Notice of declaration of special management area in relation to the land (due to possible existence of site contamination)\nDescription of area or areas to which the notice relates:\nsection 103P—Notation of site contamination audit report in relation to the land\nDate of notation:\nSite contamination audit reports are kept by the EPA in the public register under section 109 of the Environment Protection Act 1993.\nsection 103S—Notice of prohibition or restriction on taking water affected by site contamination in relation to the land\nDescription of the water to which the notice relates:\nParticulars given in the notice of the site contamination affecting the water:\nFences Act 1975\nsection 5—Notice of intention to perform fencing work\nName and address of person to whom notice was given or from whom notice was received:\nParticulars of relevant boundary:\nKind of fence proposed to be constructed or nature of work proposed to be done to existing fence:\nCost or estimated cost of fence or work (as stated in the notice):\nAmount sought by proponent from adjoining owner (as stated in the notice):\nIf there is a cross‑notice under section 6, give details of—\n\t(a)\tthe proposals objected to:\n\t(b)\tthe counter‑proposals:\nFire and Emergency Services Act 2005\nsection 105F (or section 56 or 83 (repealed))—Notice to take action to prevent outbreak or spread of fire\nPerson or body who issued notice:\nRequirements of notice (as stated therein):\nFood Act 2001\nsection 44—Improvement notice\nName of authorised officer who served notice:\nName of authority that appointed officer:\nsection 46—Prohibition order\nName of authority or person who served order:\nGround Water (Qualco-Sunlands) Control Act 2000\nPart 6—Risk management allocation\nIs a waterlogging and salinity risk management allocation attached to the whole or any part of the land? *YES/NO\nIf YES, give details of the allocation and the land to which it is attached:\nsection 56—Notice to pay share of Trust costs, or for unauthorised use of water, in respect of irrigated property\nHeritage Places Act 1993\nsection 14(2)(b)—Registration of an object of heritage significance\nDate of registration:\nDescription and location of object registered:\nsection 17 or 18—Provisional registration or registration\nDescription of place registered:\nHas the place been designated as a place of geological, palaeontological or speleological significance or archaeological significance? *YES/NO\nsection 30—Stop order\nPart 6—Heritage agreement\nsection 38—\"No development\" order\nHighways Act 1926\nPart 2A—Establishment of control of access from any road abutting the land\nDate of establishment of control of access:\nDescription of boundary of land affected:\nHousing Improvement Act 1940 (repealed)\nsection 23—Declaration that house is undesirable or unfit for human habitation\nDate of declaration:\nThose particulars required to be provided by a council under section 23:\nPart 7 (rent control for substandard houses)—Notice or declaration\nDate of notice or declaration:\nThose particulars required to be provided by the housing authority under section 60:\nHousing Improvement Act 2016\nPart 3 Division 1—Assessment, improvement or demolition orders\nThose particulars required to be provided by the Minister under section 14 or 15 (if applicable):\nsection 22—Notice to vacate premises\nName of authority that issued the notice:\nDate by which the premises must be vacated:\nsection 25—Rent control notice\nMaximum rent payable (per week):\nLand Acquisition Act 1969\nsection 10—Notice of intention to acquire\nName of Authority who served notice:\nDescription of land intended to be acquired (as described in the notice):\nLandscape South Australia Act 2019\nsection 72—Notice to pay levy in respect of costs of regional landscape board\nsection 78—Notice to pay levy in respect of right to take water or taking of water\nsection 99—Notice to prepare an action plan for compliance with general statutory duty\nsection 107—Notice to rectify effects of unauthorised activity\nsection 108—Notice to maintain watercourse or lake in good condition\nsection 109—Notice restricting the taking of water or directing action in relation to the taking of water\nWater resource to which notice applies:\nsection 111—Notice to remove or modify a dam, embankment, wall or other obstruction or object\nsection 112—Permit (or condition of a permit) that remains in force\nsection 120—Notice to take remedial or other action in relation to a well\nLocation of well:\nsection 135—Water resource works approval\nDetails of site where works are authorised:\nsection 142—Site use approval\nDetails of location where water use is allowed:\nsection 166—Forest water licence\nDetails of location of forest to which licence relates:\nsection 191—Notice of instruction as to keeping or management of animal or plant\nsection 193—Notice to comply with action order for the destruction or control of animals or plants\nsection 194—Notice to pay costs of destruction or control of animals or plants on road reserve\nsection 196—Notice requiring control or quarantine of animal or plant\nsection 207—Protection order to secure compliance with specified provisions of the Act\nsection 209—Reparation order requiring specified action or payment to make good damage resulting from contravention of the Act\nsection 211—Reparation authorisation authorising specified action to make good damage resulting from contravention of the Act\nsection 215—Orders made by ERD Court\nsection 219—Management agreements\nRequirements of agreement:\nsection 235—Additional orders on conviction\nDate of conviction:\nName of court by which conviction is recorded:\nRequirements of additional order(s):\nLand Tax Act 1936\nNotice, order or demand for payment of land tax\nDate of notice, order or demand:\nAmount payable (as stated in the notice): \nLocal Government Act 1934 (repealed)\nLocal Government Act 1999\nLocal Nuisance and Litter Control Act 2016\nsection 30—Nuisance or litter abatement notice\nNotice issued by:\nNature of requirements contained in notice:\nMetropolitan Adelaide Road Widening Plan Act 1972\nsection 6—Restriction on building work\nDoes the restriction apply to all of the land? *YES/NO\n(If NO, give details about the part of the land to which the restriction applies):\nMining Act 1971\nMineral tenement (other than an exploration licence)\nType of tenement:\nTerms of tenement:\nCondition(s) (if any) the tenement is subject to:\nsection 9AA—Notice, agreement or order to waive exemption from authorised operations\nDate of notice, agreement or order:\nDescription of land subject to notice, agreement or order:\nPeriod of waiver:\nTerms (and condition(s), if any) of notice, agreement or order:\nsection 56T(1)—Consent to a change in authorised operations\nsection 58(a)—Agreement authorising tenement holder to enter land\nsection 58A—Notice of intention to commence authorised operations or apply for lease or licence\nDescription of property subject to notice:\nName of person who served notice:\nName of person on whom notice was served:\nsection 61—Agreement or order to pay compensation for authorised operations\nDate of agreement or order:\nDescription of property subject to agreement or order:\nTerms of agreement or order:\nsection 75(1)—Consent relating to extractive minerals\nsection 82(1)—Deemed consent or agreement\nDate of consent or agreement:\nDescription of property subject to consent or agreement:\nName of owner of the land/tenement holder deemed to have provided consent or agreement:\nTerms of consent or agreement:\nProclamation with respect to a private mine\nDate of proclamation:\nNative Vegetation Act 1991\nPart 4 Division 1—Heritage agreement\nsection 25C—Conditions of approval regarding achievement of environmental benefit by accredited third party provider\nsection 25D—Management agreement\nPart 5 Division 1—Refusal to grant consent, or condition of a consent, to clear native vegetation\nDate of refusal or grant of consent:\nIf consent given, condition(s) (if any) of the consent:\nNatural Resources Management Act 2004 (repealed)\nsection 97—Notice to pay levy in respect of costs of regional NRM board\nsection 123—Notice to prepare an action plan for compliance with general statutory duty\nsection 134—Notice to remove or modify a dam, embankment, wall or other obstruction or object\nsection 135—Condition (that remains in force) of a permit\nsection 181—Notice of instruction as to keeping or management of animal or plant\nsection 183—Notice to prepare an action plan for the destruction or control of animals or plants\nsection 185—Notice to pay costs of destruction or control of animals or plants on road reserve\nsection 187—Notice requiring control or quarantine of animal or plant\nsection 193—Protection order to secure compliance with specified provisions of the Act\nsection 195—Reparation order requiring specified action or payment to make good damage resulting from contravention of the Act\nsection 197—Reparation authorisation authorising specified action to make good damage resulting from contravention of the Act\nOutback Communities (Administration and Management) Act 2009\nsection 21—Notice of levy or contribution payable\nType of levy or contribution:\nPhylloxera and Grape Industry Act 1995\nsection 23(1)—Notice of contribution payable\nPlanning, Development and Infrastructure Act 2016\nsection 139—Notice of proposed work and notice may require access\nName of person giving notice of proposed work:\nsection 140—Notice requesting access\nName of person requesting access:\nReason for which access is sought (as stated in the notice):\nActivity or work to be carried out:\nsection 141—Order to remove or perform work\nsection 142—Notice to complete development\nsection 155—Emergency order\nsection 157—Fire safety notice\nsection 192 or 193—Land management agreement\nsection 198(1)—Requirement to vest land in a council or the Crown to be held as open space\nsection 198(2)—Agreement to vest land in a council or the Crown to be held as open space\nPart 16 Division 1—Proceedings\nsection 213—Enforcement notice\nName of designated authority giving notice:\nsection 214(6), 214(10) or 222—Enforcement order\nPlant Health Act 2009\nsection 8 or 9—Notice or order concerning pests\nDate of Gazette in which notice published (if applicable):\nNature of requirement, restriction or prohibition:\nPublic and Environmental Health Act 1987 (repealed)\nPart 3—Notice\nName of council or other authority giving notice:\nPublic and Environmental Health (Waste Control) Regulations 2010 (or 1995) (revoked) Part 2—Condition (that continues to apply) of an approval\nName of relevant authority that granted the approval:\nPublic and Environmental Health (Waste Control) Regulations 2010 (revoked) regulation 19— Maintenance order (that has not been complied with)\nName of relevant authority giving order:\nSouth Australian Public Health Act 2011\nsection 66—Direction or requirement to avert spread of disease\nDate of direction or requirement:\nName of authority giving direction or making requirement:\nNature of direction or requirement:\nsection 92—Notice\nName of council or other relevant authority giving notice:\nSouth Australian Public Health (Wastewater) Regulations 2013 Part 4—Condition (that continues to apply) of an approval\nName of person or body that granted the approval:\nUpper South East Dryland Salinity and Flood Management Act 2002 (expired)\nsection 23—Notice of contribution payable\nAmount payable:\nWater Industry Act 2012\nNotice or order under the Act requiring payment of charges or other amounts or making other requirement\nName of person or body who served notice or order:\nAmount payable (if any) as specified in the notice or order:\nNature of other requirement made (if any) as specified in the notice or order:\nWater Resources Act 1997 (repealed)\nsection 18—Condition (that remains in force) of a permit\nsection 125 (or a corresponding previous enactment)—Notice to pay levy\nOther\nCaveat\nName and address of caveator:\nParticulars of interest claimed:\nLien or notice of a lien\nLand or other property subject to lien:\nNature of lien:\nName and address of person who has imposed lien or given notice of it:\nCharge of any kind affecting the land (not included in another item)\nPerson or body in whose favour charge exists:\nNature of charge:\nAmount of charge (if known):\n†Schedule 2—Division 2—Other particulars\n(section 7(1)(b) and section 8(1)(b))\n†Particulars of transactions in last 12 months\nIf the vendor, within 12 months before the date of the contract of sale—\n\t(a)\tobtained title to the land; or\n\t(b)\tobtained an option to purchase the land; or\n\t(c)\tentered into a contract to purchase the land (whether on the vendor's own behalf or on behalf of another),\nthe vendor must provide the following particulars of all transactions relating to the acquisition of the interest that occurred within that 12 month period:\n1\tThe name and address of each party to the transaction and of each person in whom an interest vested as a result of the transaction:\n2\tThe date and nature of each instrument registered on the certificate of title or, if no such instrument has been registered, the date and nature of each document forming the whole or part of a contract relating to the transaction:\n","sortOrder":14},{"sectionNumber":"3","sectionType":"section","heading":"Particulars of the consideration provided for the purposes of the transaction:","content":"3\tParticulars of the consideration provided for the purposes of the transaction:\nThe above particulars must be provided for each transaction.\n†Particulars relating to community lot (including strata lot) or development lot\n1\tName of community corporation:\nAddress of community corporation:\n2\tApplication must be made in writing to the community corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the community corporation for the documents referred to in 6 unless those documents are obtained from the Lands Titles Registration Office.\n3\tParticulars supplied by the community corporation or known to the vendor:\n\t(a)\tparticulars of contributions payable in relation to the lot (including details of arrears of contributions related to the lot):\n\t(b)\tparticulars of assets and liabilities of the community corporation:\n\t(c)\tparticulars of expenditure that the community corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute:\n\t(d)\tif the lot is a development lot, particulars of the scheme description relating to the development lot and particulars of the obligations of the owner of the development lot under the development contract:\n\t(e)\tif the lot is a community lot, particulars of the lot entitlement of the lot:\n[State \"not known\" next to any particulars not supplied by the community corporation by the date of this statement and not known to the vendor.]\n","sortOrder":15},{"sectionNumber":"4","sectionType":"section","heading":"Documents supplied by the community corporation that are enclosed:","content":"4\tDocuments supplied by the community corporation that are enclosed:\n\t(a)\ta copy of the minutes of the general meetings of the community corporation and management committee *for the 2 years preceding this statement/since the deposit of the community plan;\n(*Strike out whichever is the greater period)\n\t(b)\ta copy of the statement of accounts of the community corporation last prepared;\n\t(c)\ta copy of current policies of insurance taken out by the community corporation.\n[State \"not supplied\" next to any document not supplied by the community corporation by the date of this statement.]\n5\tIf \"not known\" or \"not supplied\" has been specified for an item in 3 or 4, set out the date of the application made to the community corporation and give details of any other steps taken to obtain the particulars or documents concerned:\n","sortOrder":16},{"sectionNumber":"6","sectionType":"section","heading":"The following documents are enclosed:","content":"6\tThe following documents are enclosed:\n\t†(a)\ta copy of the scheme description (if any) and the development contract (if any);\n\t(b)\ta copy of the by‑laws of the community scheme.\n†7\tThe following additional particulars are known to the vendor or have been supplied by the community corporation:\n","sortOrder":17},{"sectionNumber":"8","sectionType":"section","heading":"Further inquiries may be made to the secretary of the community corporation or the appointed community scheme manager.","content":"8\tFurther inquiries may be made to the secretary of the community corporation or the appointed community scheme manager.\n1\tA community corporation must (on application by or on behalf of a current or prospective owner or other relevant person) provide the particulars and documents referred to in 3(a)—(c) and 4 and must also make available for inspection any information required to establish the current financial position of the corporation, a copy of any contract with a body corporate manager and the register of owners and lot entitlements that the corporation maintains: see sections 139 and 140 of the Community Titles Act 1996.\n2\tCopies of the scheme description, the development contract or the by‑laws of the community scheme may be obtained from the community corporation or from the Lands Titles Registration Office.\n3\tAll owners of a community lot are bound by the by‑laws of the community scheme. The by‑laws regulate the rights and liabilities of owners of lots in relation to their lots and the common property and matters of common concern.\n4\tFor a brief description of some of the matters that need to be considered before purchasing a community lot, see Division 3 of this Schedule.\n†Particulars relating to strata unit\n1\tName of strata corporation:\nAddress of strata corporation:\n2\tApplication must be made in writing to the strata corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the strata corporation for the articles referred to in 6 unless the articles are obtained from the Lands Titles Registration Office.\n3\tParticulars supplied by the strata corporation or known to the vendor:\n\t(a)\tparticulars of contributions payable in relation to the unit (including details of arrears of contributions related to the unit):\n\t(b)\tparticulars of the assets and liabilities of the strata corporation:\n\t(c)\tparticulars of expenditure that the strata corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute:\n\t(d)\tparticulars of the unit entitlement of the unit:\n[State \"not known\" next to any particulars not supplied by the strata corporation by the date of this statement and not known to the vendor.]\n4\tDocuments supplied by the strata corporation that are enclosed:\n\t(a)\ta copy of the minutes of the general meetings of the strata corporation and management committee *for the 2 years preceding this statement/since the deposit of the strata plan;\n(*Strike out whichever is the greater period)\n\t(b)\ta copy of the statement of accounts of the strata corporation last prepared;\n\t(c)\ta copy of current policies of insurance taken out by the strata corporation.\n[State \"not supplied\" next to any document not supplied by the strata corporation by the date of this statement.]\n5\tIf \"not known\" or \"not supplied\" has been specified for an item in 3 or 4, set out the date of the application made to the strata corporation and give details of any other steps taken to obtain the particulars or documents concerned:\n6\tA copy of the articles of the strata corporation is enclosed.\n†7\tThe following additional particulars are known to the vendor or have been supplied by the strata corporation:\n8\tFurther inquiries may be made to the secretary of the strata corporation or the appointed strata manager.\n1\tA strata corporation must (on application by or on behalf of a current owner, prospective purchaser or other relevant person) provide the particulars and documents referred to in 3(a)—(c), 4 and 6 and must also make available for inspection its accountancy records and minute books, any contract with a body corporate manager, the register of unit holders and unit holder entitlements that it maintains, and any documents in its possession relating to the design and construction of the buildings or improvements on the site or relating to the strata scheme.\n2\tCopies of the articles of the strata corporation may also be obtained from the Lands Titles Registration Office.\n3\tAll owners of a strata unit are bound by the articles of the strata corporation. The articles regulate the rights and liabilities of owners of units in relation to their units and the common property and matters of common concern.\n4\tFor a brief description of some of the matters that need to be considered before purchasing a strata unit, see Division 3 of this Schedule.\n†Particulars of building indemnity insurance\nBuilding indemnity insurance is not required for—\n\t(a)\tdomestic building work for which approval under the Planning, Development and Infrastructure Act 2016, the repealed Development Act 1993 or the repealed Building Act 1971 is or was not required; or\n\t(b)\tminor domestic building work (see section 3 of the Building Work Contractors Act 1995); or\n\t(c)\tdomestic building work commenced before 1 May 1987; or\n\t(d)\tbuilding work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 applies under the Building Work Contractors Regulations 2011; or\n\t(e)\tbuilding work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 has been granted under section 45 of that Act.\n\nDetails of building indemnity insurance still in existence for building work on the land:\n\nName(s) of person(s) insured:\n\nName of insurer:\n\nLimitations on the liability of the insurer:\n\nName of builder:\n\nBuilder's licence number:\n\nDate of issue of insurance:\n\nDescription of insured building work:\n\nExemption from holding insurance:\nIf particulars of insurance are not given, has an exemption been granted under section 45 of the Building Work Contractors Act 1995 from the requirement to hold an insurance policy in accordance with Division 3 of Part 5 of that Act? *YES/NO\n\t(a)\tDate of the exemption:\n\t(b)\tName of builder granted the exemption:\n\t(c)\tLicence number of builder granted the exemption:\n\t(d)\tDetails of building work to which the exemption applies: \n\t(e)\tDetails of conditions (if any) to which the exemption is subject: \n†Particulars relating to asbestos at workplaces\n1\tIn these particulars—\nasbestos and asbestos containing material have the same meaning as in the Work Health and Safety Regulations 2012;\nworkplace has the same meaning as in the Work Health and Safety Act 2012.\n2\tIs there a workplace on the land? *YES/NO\n3\tIf YES, is there an asbestos register for the workplace? *YES/NO\n4\tIf YES, does that register record any asbestos or asbestos containing material at the workplace (or likely to be present at the workplace from time to time) and specify the location, type and condition of that asbestos or asbestos containing material? *YES/NO\n5\tIf YES—\n\t(b)\thas a plan been prepared for the management of asbestos at the workplace? *YES/NO\n\t(c)\tis any asbestos or asbestos containing material to be removed before settlement? *YES/NO\n\t(a)\tA register is not required to be prepared for a workplace—\n\t(i)\tif a register has already been prepared for the workplace; or\n\t(ii)\tif—\n\t(A)\tthe workplace is a building that was constructed after 31 December 2003; and\n\t(B)\tno asbestos has been identified at the workplace; and\n\t(C)\tno asbestos is likely to be present at the workplace from time to time.\n\t(b)\tA person with management or control of a workplace who plans to relinquish management or control must ensure (so far as is reasonably practicable) that the asbestos register is given to the person assuming management or control of the workplace.\n†Particulars relating to aluminium composite panels\nHas 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—\n\t(a)\tas having aluminium composite panels installed on the exterior of the building; and\n\t(b)\tas constituting a moderate, high or extreme risk as a result of that installation; and\n\t(c)\tas requiring remediation to reduce the risk to an acceptable level; and\n\t(d)\tas 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?\n\t1\tthe actions required to remediate the risk (if known):\n\t2\tthe estimated costs of remediation (if known):\n†Particulars relating to court or tribunal process\nIf process has issued out of any court or tribunal in relation to a claim—\n\t(a)\tthat is stated to affect the land or the value of which is $5 000 or more; and\n\t(b)\tthat presently affects (or may prospectively affect) title to, or the possession or enjoyment of, the land,\nthe vendor must provide the following particulars:\n\t1\tName of court or tribunal:\n\t2\tNames of parties:\n\t3\tNature of claim:\n\t4\tAmount of claim (if applicable):\n\t5\tAmount of judgment (if applicable):\n\t6\tName of judgment creditor (if applicable):\n†Particulars relating to land irrigated or drained under Irrigation Acts\n†1—Land irrigated or drained under Irrigation Act 2009\nIf the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by an irrigation trust under the Irrigation Act 2009—\n\t(a)\thas the trust given notice under section 40 of that Act in respect of the land? *YES/NO\n\t(iii)\tthe amount (if any) payable under section 40(7) of the Act:\n\t(b)\thas the trust given notice under section 50 of that Act? *YES/NO\n†2—Land irrigated or drained under Renmark Irrigation Trust Act 2009\nIf the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by the Renmark Irrigation Trust under the Renmark Irrigation Trust Act 2009—\n\t(a)\thas the Trust given notice under section 41 of that Act in respect of the land? *YES/NO\n\t(iii)\tthe amount (if any) payable under section 41(7) of the Act:\n\t(b)\thas the Trust given notice under section 52 of that Act in respect of the land? *YES/NO\n†Particulars relating to environment protection\n1—Interpretation\n\t(1)\tIn this and the following items (items 1 to 7 inclusive)—\ndomestic activity has the same meaning as in the Environment Protection Act 1993;\nenvironmental assessment, in relation to land, means an assessment of the existence or nature or extent of—\n\t(a)\tsite contamination (within the meaning of the Environment Protection Act 1993) at the land; or\n\t(b)\tany other contamination of the land by chemical substances,\nand includes such an assessment in relation to water on or below the surface of the land;\nEPA means the Environment Protection Authority established under the Environment Protection Act 1993;\npre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the EPA as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—\n\t(a)\tthe nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and\n\t(b)\tthe suitability of the land for a particular use; and\n\t(c)\twhat remediation is or remains necessary for a particular use,\nbut does not include a site contamination audit (as defined below) completed on or after 1 July 2009;\npre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre‑1 July 2009 site audit;\nprescribed commercial or industrial activity—see item 1(2);\nprescribed fee means the fee prescribed under the Environment Protection Act 1993 for inspection of, or obtaining copies of information on, the public register;\npublic register means the public register kept by the EPA under section 109 of the Environment Protection Act 1993;\nsite contamination audit has the same meaning as in the Environment Protection Act 1993;\nsite contamination audit report has the same meaning as in the Environment Protection Act 1993.\n\t(2)\tFor the purposes of this and the following items (items 1 to 7 inclusive), each of the following activities (as defined in Schedule 3 clause 2 of the Environment Protection Regulations 2023) is a prescribed commercial or industrial activity:\n\nabrasive blasting\nacid sulphate soil generation\nagricultural activities\nairports, aerodromes or aerospace industry\nanimal burial\nanimal dips or spray race facilities\nanimal feedlots\nanimal saleyards\nasbestos disposal\nasphalt or bitumen works\nbattery manufacture, recycling or disposal\nbreweries\nbrickworks\nbulk shipping facilities\ncement works\nceramic works\ncharcoal manufacture\ncoal handling or storage\ncoke works\ncompost or mulch production or storage\nconcrete batching works\ncuring or drying works\ndefence works\ndesalination plants\ndredge spoil disposal or storage\ndrum reconditioning or recycling works\ndry cleaning\nelectrical or electronics component manufacture\nelectrical substations\nelectrical transformer or capacitor works\nelectricity generation or power plants\nexplosives or pyrotechnics facilities\nfertiliser manufacture\nfibreglass manufacture\nfill or soil importation\nfire extinguisher or retardant manufacture\nfire stations\nfire training areas\nfoundry\nfuel burning facilities\nfurniture restoration\ngasworks\nglass works\nglazing\nhat manufacture or felt processing\nincineration\niron or steel works\nlaboratories\nlandfill sites\nlime burner\nmetal coating, finishing or spray painting\nmetal forging\nmetal processing, smelting, refining or metallurgical works \nmineral processing, metallurgical laboratories or mining or extractive industries\nmirror manufacture\nmotor vehicle manufacture\nmotor vehicle racing or testing venues\nmotor vehicle repair or maintenance\nmotor vehicle wrecking yards\nmushroom farming\noil recycling works\noil refineries\npaint manufacture\npest control works\nplastics manufacture works\nprinting works\npulp or paper works\nrailway operations\nrubber manufacture or processing\nscrap metal recovery\nservice stations\nship breaking\nspray painting\ntannery, fellmongery or hide curing\ntextile operations\ntransport depots or loading sites\ntyre manufacture or retreading\nvermiculture\nvessel construction, repair or maintenance\nwaste depots\nwastewater storage, treatment or disposal\nwater discharge to underground aquifer\nwetlands or detention basins\nwineries or distilleries\nwood preservation works\nwoolscouring or wool carbonising works\nworks depots (operated by councils or utilities)\n2—Pollution and site contamination on the land—questions for vendor\n\t(1)\tIs the vendor aware of any of the following activities ever having taken place at the land:\n\t(a)\tstorage, handling or disposal of waste or fuel or other chemicals (other than in the ordinary course of domestic activities)?\n\t(b)\timportation of soil or other fill from a site at which—\n\t(i)\tan activity of a kind listed in paragraph (a) has taken place; or\n\t(ii)\ta prescribed commercial or industrial activity (see item 1(2) above) has taken place?\nIf YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:\n\t(2)\tIs the vendor aware of any prescribed commercial or industrial activities (see item 1(2) above) ever having taken place at the land?\nIf YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:\n\t(3)\tIs the vendor aware of any dangerous substances ever having been kept at the land pursuant to a licence under the Dangerous Substances Act 1979?\nIf YES, give details of all dangerous substances that the vendor is aware of and whether they were kept at the land before or after the vendor acquired an interest in the land:\n\t(4)\tIs the vendor aware of the sale or transfer of the land or part of the land ever having occurred subject to an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?\nIf YES, give details of each sale or transfer and agreement that the vendor is aware of:\n\t(5)\tIs the vendor aware of an environmental assessment of the land or part of the land ever having been carried out or commenced (whether or not completed)?\nIf YES, give details of all environmental assessments that the vendor is aware of and whether they were carried out or commenced before or after the vendor acquired an interest in the land:\nThese questions relate to details about the land that may be known by the vendor. A \"YES\" answer to the questions at items 2(1) or 2(2) may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.\nA \"YES\" answer to any of the questions in this item may indicate the need for the purchaser to seek further information regarding the activities, for example, from the council or the EPA.\n3—Licences and exemptions recorded by EPA in public register\nDoes the EPA hold any of the following details in the public register:\n\t(a)\tdetails of a current licence issued under Part 6 of the Environment Protection Act 1993 to conduct any prescribed activity of environmental significance under Schedule 1 of that Act at the land?\n\t(b)\tdetails of a licence no longer in force issued under Part 6 of the Environment Protection Act 1993 to conduct any prescribed activity of environmental significance under Schedule 1 of that Act at the land?\n\t(c)\tdetails of a current exemption issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?\n\t(d)\tdetails of an exemption no longer in force issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?\n\t(e)\tdetails of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to operate a waste depot at the land?\n\t(f)\tdetails of a licence issued under the repealed Waste Management Act 1987 to operate a waste depot at the land?\n\t(g)\tdetails of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act) at the land?\n\t(h)\tdetails of a licence issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act) at the land?\nThese questions relate to details about licences and exemptions required to be recorded by the EPA in the public register. If the EPA answers \"YES\" to any of the questions—\n\t•\tin the case of a licence or exemption under the Environment Protection Act 1993—\n\t—\tthe purchaser may obtain a copy of the licence or exemption from the public register on payment of the prescribed fee; and\n\t—\tthe purchaser should note that transfer of a licence or exemption is subject to the conditions of the licence or exemption and the approval of the EPA (see section 49 of the Environment Protection Act 1993); and\n\t•\tin the case of a licence under a repealed Act—the purchaser may obtain details about the licence from the public register on payment of the prescribed fee.\nA \"YES\" answer to any of these questions may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.\nThe EPA will not provide details about licences to conduct the following prescribed activities of environmental significance (within the meaning of Schedule 1 Part A of the Environment Protection Act 1993): waste transport business (category A), waste transport business (category B), dredging, earthworks drainage, any other activities referred to in Schedule 1 Part A undertaken by means of mobile works, helicopter landing facilities, marinas and boating facilities or discharges to marine or inland waters.\nThe EPA will not provide details about exemptions relating to—\n\t•\tthe conduct of any of the licensed activities in the immediately preceding paragraph in this note; or\n\t•\tnoise.\n4—Pollution and site contamination on the land—details recorded by EPA in public register\nDoes the EPA hold any of the following details in the public register in relation to the land or part of the land:\n\t(a)\tdetails of serious or material environmental harm caused or threatened in the course of an activity (whether or not notified under section 83 of the Environment Protection Act 1993)?\n\t(b)\tdetails of site contamination notified to the EPA under section 83A of the Environment Protection Act 1993?\n\t(c)\ta copy of a report of an environmental assessment (whether prepared by the EPA or some other person or body and whether or not required under legislation) that forms part of the information required to be recorded in the public register?\n\t(d)\ta copy of a site contamination audit report?\n\t(e)\tdetails of an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?\n\t(f)\tdetails of an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?\n\t(g)\tdetails of an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?\n\t(h)\tdetails of a notification under section 103Z(1) of the Environment Protection Act 1993 relating to the commencement of a site contamination audit?\n\t(i)\tdetails of a notification under section 103Z(2) of the Environment Protection Act 1993 relating to the termination before completion of a site contamination audit?\n\t(j)\tdetails of records, held by the former South Australian Waste Management Commission under the repealed Waste Management Act 1987, of waste (within the meaning of that Act) having been deposited on the land between 1 January 1983 and 30 April 1995?\nThese questions relate to details required to be recorded by the EPA in the public register. If the EPA answers \"YES\" to any of the questions, the purchaser may obtain those details from the public register on payment of the prescribed fee.\n5—Pollution and site contamination on the land—other details held by EPA\nDoes the EPA hold any of the following details in relation to the land or part of the land:\n\t(a)\ta copy of a report known as a \"Health Commission Report\" prepared by or on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976)?\n\t(b)\tdetails (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?\n\t(c)\tdetails (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?\n\t(d)\ta copy of a pre‑1 July 2009 site audit report?\n\t(e)\tdetails relating to the termination before completion of a pre‑1 July 2009 site audit?\nThese questions relate to details that the EPA may hold. If the EPA answers \"YES\" to any of the questions, the purchaser may obtain those details from the EPA (on payment of any fee fixed by the EPA).\n6—Further information held by councils\nDoes the council hold details of any development approvals relating to—\n\t(a)\tcommercial or industrial activity at the land; or\n\t(b)\ta change in the use of the land or part of the land (within the meaning of the repealed Development Act 1993 or the Planning, Development and Infrastructure Act 2016)?\nThe question relates to information that the council for the area in which the land is situated may hold. If the council answers \"YES\" to the question, it will provide a description of the nature of each development approved in respect of the land. The purchaser may then obtain further details from the council (on payment of any fee fixed by the council). However, it is expected that the ability to supply further details will vary considerably between councils.\nA \"YES\" answer to paragraph (a) of the question may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.\nIt should be noted that:\n\t•\tthe approval of development by a council does not necessarily mean that the development has taken place;\n\t•\tthe council will not necessarily be able to provide a complete history of all such development that has taken place at the land.\n7—Further information for purchasers\nThe purchaser is advised that other matters under the Environment Protection Act 1993 (that is, matters other than those referred to in this Statement) that may be relevant to the purchaser's further enquiries may also be recorded in the public register. These include:\n\t•\tdetails relating to environmental authorisations such as applications, applicants, locations of activities, conditions, suspension, cancellation or surrender of authorisations, disqualifications, testing requirements and test results;\n\t•\tdetails relating to activities undertaken on the land under licences or other environmental authorisations no longer in force;\n\t•\twritten warnings relating to alleged contraventions of the Environment Protection Act 1993;\n\t•\tdetails of prosecutions and other enforcement action;\n\t•\tdetails of civil proceedings;\n\t•\tother details prescribed under the Environment Protection Act 1993 (see section 109(3)(l)).\nDetails of these matters may be obtained from the public register on payment to the EPA of the prescribed fee.\nIf—\n\t•\tan environment performance agreement, environment protection order, clean‑up order, clean‑up authorisation, site contamination assessment order or site remediation order has been registered on the certificate of title for the land; or\n\t•\ta notice of declaration of special management area in relation to the land has been gazetted; or\n\t•\ta notation has been made on the certificate of title for the land that a site contamination audit report has been prepared in respect of the land; or\n\t•\ta notice of prohibition or restriction on taking water affected by site contamination in relation to the land has been gazetted,\nit will be noted in the items under the heading Environment Protection Act 1993 under the Table of Particulars in this Statement. Details of any registered documents may be obtained from the Lands Titles Registration Office.\n†Particulars relating to Livestock Act 1997\n†1—Sale of land\n\t(1)\tHas any notice under section 33 or 37 of the Livestock Act 1997 been made that affects, presently or prospectively, enjoyment of the land? *YES/NO\n\t(2)\tHas any order under section 38, or notice under section 72, of the Livestock Act 1997 been issued to the vendor in relation to the land or any building on the land? *YES/NO\nDate of order or notice:\nTerms of order or notice:\n†2—Sale of small business\nDoes the small business the subject of the sale involve the keeping or handling of livestock, the handling of livestock products or the handling of property in connection with such an activity? *YES/NO\nIf YES, has any notice or order been issued under the Livestock Act 1997 in relation to any livestock, livestock products or other property (other than land or any building on the land) included in the sale? *YES/NO\nTerms of notice or order:\n†Schedule 2—Division 3—Community lots and strata units\nMatters to be considered in purchasing a community lot or strata unit\nThe property you are buying is on strata or community title. There are special obligations and restrictions that go with this kind of title. Make sure you understand these. If unsure, seek legal advice before signing a contract. For example:\nGovernance\nYou will automatically become a member of the body corporate, which includes all owners and has the job of maintaining the common property and enforcing the rules. Decisions, such as the amount you must pay in levies, will be made by vote of the body corporate. You will need to take part in meetings if you wish to have a say. If outvoted, you will have to live with decisions that you might not agree with.\nIf you are buying into a mixed use development (one that includes commercial as well as residential lots), owners of some types of lots may be in a position to outvote owners of other types of lots. Make sure you fully understand your voting rights, see later.\nUse of your property\nYou, and anyone who visits or occupies your property, will be bound by rules in the form of articles or by‑laws. These can restrict the use of the property, for example, they can deal with keeping pets, car parking, noise, rubbish disposal, short‑term letting, upkeep of buildings and so on. Make sure that you have read the articles or by‑laws before you decide whether this property will suit you.\nDepending on the rules, you might not be permitted to make changes to the exterior of your unit, such as installing a television aerial or an air‑conditioner, building a pergola, attaching external blinds etc without the permission of the body corporate. A meeting may be needed before permission can be granted. Permission may be refused.\nNote that the articles or by‑laws could change between now and when you become the owner: the body corporate might vote to change them. Also, if you are buying before the community plan is registered, then any by‑laws you have been shown are just a draft.\nAre you buying a debt?\nIf there are unpaid contributions owing on this property, you can be made to pay them. You are entitled to know the financial state of the body corporate and you should make sure you see its records before deciding whether to buy. As a prospective owner, you can write to the body corporate requiring to see the records, including minutes of meetings, details of assets and liabilities, contributions payable, outstanding or planned expenses and insurance policies. There is a fee. To make a request, write to the secretary or management committee of the body corporate.\nExpenses\nThe body corporate can require you to maintain your property, even if you do not agree, or can carry out maintenance and bill you for it.\nThe body corporate can require you to contribute to the cost of upkeep of the common property, even if you do not agree. Consider what future maintenance or repairs might be needed on the property in the long term.\nGuarantee\nAs an owner, you are a guarantor of the liabilities of the body corporate. If it does not pay its debts, you can be called on to do so. Make sure you know what the liabilities are before you decide to buy. Ask the body corporate for copies of the financial records.\nContracts\nThe body corporate can make contracts. For example, it may engage a body corporate manager to do some or all of its work. It may contract with traders for maintenance work. It might engage a caretaker to look after the property. It might make any other kind of contract to buy services or products for the body corporate. Find out what contracts the body corporate is committed to and the cost.\nThe body corporate will have to raise funds from the owners to pay the money due under these contracts. As a guarantor, you could be liable if the body corporate owes money under a contract.\nBuying off the plan\nIf you are buying a property that has not been built yet, then you cannot be certain what the end product of the development process will be. If you are buying before a community plan has been deposited, then any proposed development contract, scheme description or by‑laws you have been shown could change.\nMixed use developments—voting rights\nYou may be buying into a group that is run by several different community corporations. This is common in mixed use developments, for example, where a group of apartments is combined with a hotel or a group of shops. If there is more than 1 corporation, then you should not expect that all lot owners in the group will have equal voting rights. The corporations may be structured so that, even though there are more apartments than shops in the group, the shop‑owners can outvote the apartment owners on some matters. Make enquiries so that you understand how many corporations there are and what voting rights you will have.\nFurther information\nThe Real Estate Institute of South Australia provides an information service for enquiries about real estate transactions, see www.reisa.com.au.\nThe Australian Institute of Conveyancers (SA Division) (AICSA) provides information and operates a Public Advice Service with respect to conveyancers and the conveyancing process, see www.aicsa.com.au.\nInformation and a booklet about strata and community titles is available from the Legal Services Commission of South Australia at www.lsc.sa.gov.au.\nYou can also seek advice from a legal practitioner.\nForm 3—Certificate of legal practitioner and waiver by purchaser\nLand and Business (Sale and Conveyancing) Act 1994 \nPart A—Certificate of legal practitioner\n(sections 5 and 16)\n1\tI certify that—\n[Name(s) of purchaser(s)] of [Address(es) of purchaser(s)]\n*has/have received independent advice from me in relation to the land or business described below concerning—\n\t†\tthe signing of a proposed contract for the purchase of the land or business and the loss by the purchaser, on the provision of my advice and the execution of this certificate, of any cooling‑off period otherwise applicable to the proposed contract under section 5 of the Land and Business (Sale and Conveyancing) Act 1994.\n\t†\tthe waiving of compliance with the requirement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 that the vendor, at least 10 clear days before the date of settlement, serve or cause to be served on the purchaser a vendor's statement.\n\t†\tthe waiving of compliance with the requirement under section 8 of the Land and Business (Sale and Conveyancing) Act 1994 that the vendor, at least 5 clear business days before the date of settlement, serve or cause to be served on the purchaser a vendor's statement.\n\t†\tthe waiving of compliance with [Describe the requirement to be waived and specify the section in Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 in which it occurs. Use separate items for each requirement].\n†2\tDescription of the land:\n†3\tDescription of the business:\n[include the address of any premises at which the business is conducted]\n4\tName(s) of vendor(s):\nName of legal practitioner:\nName of firm: \nAddress of firm:\n* Strike out the option that is not applicable.\n† Strike out or omit the item if it is not applicable.\nPart B—Instrument of waiver by purchaser\n(section 16)\nTo the vendor(s):\n*I/We—\n[Name(s) of purchaser(s)] of [Address(es) of purchaser(s)]\nbeing the purchaser(s) of the land or business described in Part A above, having sought and obtained independent advice from:\n[Name of legal practitioner]\nbeing the legal practitioner whose certificate in relation to the giving of that advice is contained in Part A above—\n\t†\twaive the requirement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 that the vendor, at least 10 clear days before the date of settlement, serve, or cause to be served, on the purchaser a vendor's statement setting out the purchaser's cooling‑off rights under section 5 of the Act and the particulars required by section 7.\n\t†\twaive the requirement under section 8 of the Land and Business (Sale and Conveyancing) Act 1994 that the vendor, at least 5 clear business days before the date of settlement, serve, or cause to be served, on the purchaser a vendor's statement setting out the purchaser's cooling‑off rights under section 5 of the Act and the particulars required by section 8.\n\t†\twaive the requirement [Describe (in the same terms as in Part A above) the requirement to be waived and specify the section in Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 in which it occurs. Use separate items for each requirement.]\n* Strike out the option that is not applicable.\n† Strike out or omit the item if it is not applicable.\n","sortOrder":18},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Prescribed notice to be given to purchaser","content":"Schedule 2—Prescribed notice to be given to purchaser\nLand and Business (Sale and Conveyancing) Act 1994 section 13A\nLand and Business (Sale and Conveyancing) Regulations 2025 regulation 16\nBefore you buy a home there are a number of things that you should investigate and consider. Though it may not be obvious at the time, there could be matters that may affect your enjoyment of the property, the safety of people on the property or the value of the property.\nThe following questions may help you to identify if a property is appropriate to purchase. In many cases the questions relate to a variety of laws and standards. These laws and standards change over time, so it is important to seek the most up to date information. Various government agencies can provide up to date and relevant information on many of these questions. To find out more, Consumer and Business Services recommends that you check the Consumer and Business Advice section on the following website: www.cbs.sa.gov.au\nConsider having a professional building inspection done before proceeding with a purchase. A building inspection will help you answer some of the questions below.\nThe questions have been categorised under the headings Safety, Enjoyment and Value, but all of the issues are relevant to each heading.\nSafety\n\t•\tIs there asbestos in any of the buildings or elsewhere on the property eg sheds and fences?\n\t•\tDoes the property have any significant defects eg cracking or salt damp? Have the wet areas been waterproofed?\n\t•\tIs the property in a bushfire prone area?\n\t•\tAre the electrical wiring, gas installation, plumbing and appliances in good working order and in good condition? Is a safety switch (RCD) installed? Is it working?\n\t•\tAre there any prohibited gas appliances in bedrooms or bathrooms?\n\t•\tAre smoke alarms installed in the house? If so, are they hardwired? Are they in good working order and in good condition? Are they compliant?\n\t•\tIs there a swimming pool and/or spa pool installed on the property? Are there any safety barriers or fences in place? Do they conform to current standards?\n\t•\tDoes the property have any termite or other pest infestations? Is there a current preventive termite treatment program in place? Was the property treated at some stage with persistent organochlorins (now banned) or other toxic termiticides?\n\t•\tHas fill been used on the site? Is the soil contaminated by chemical residues or waste?\n\t•\tDoes the property use cooling towers or manufactured warm water systems? If so, what are the maintenance requirements?\nEnjoyment\n\t•\tDoes the property have any stormwater problems?\n\t•\tIs the property in a flood prone area? Is the property prone to coastal flooding?\n\t•\tDoes the property have an on‑site wastewater treatment facility such as a septic tank installed? If so, what are the maintenance requirements? Is it compliant?\n\t•\tIs a sewer mains connection available?\n\t•\tAre all gutters, downpipes and stormwater systems in good working order and in good condition?\n\t•\tIs the property near power lines? Are there any trees on the property near power lines? Are you considering planting any trees? Do all structures and trees maintain the required clearance from any power lines? \n\t•\tAre there any significant trees on the property?\n\t•\tIs this property a unit on strata or community title? What could this mean for you? Is this property on strata or community title? Do you understand the restrictions of use and the financial obligations of ownership? Will you have to pay a previous owner's debt or the cost of planned improvements?\n\t•\tIs the property close to a hotel, restaurant or other venue with entertainment consent for live music? Is the property close to any industrial or commercial activity, a busy road or airport etc that may result in the generation of noise or the emission of materials or odours into the air?\n\t•\tWhat appliances, equipment and fittings are included in the sale of the property?\n\t•\tIs there sufficient car parking space available to the property?\nValue\n\t•\tAre there any illegal or unapproved additions, extensions or alterations to the buildings on the property?\n\t•\tHow energy efficient is the home, including appliances and lighting? What energy sources (eg electricity, gas) are available?\n\t•\tIs the property connected to SA Water operated and maintained mains water? Is a mains water connection available? Does the property have a recycled water connection? What sort of water meter is located on the property (a direct or indirect meter – an indirect meter can be located some distance from the property)? Is the property connected to a water meter that is also serving another property?\n\t•\tAre there water taps outside the building? Is there a watering system installed? Are they in good working order and in good condition?\n\t•\tDoes the property have alternative sources of water other than mains water supply (including bore or rainwater)? If so, are there any special maintenance requirements?\nFor more information on these matters visit the Consumer and Business Advice section on the following website: www.cbs.sa.gov.au\nDisclaimer: There may be other issues relevant to the purchase of real estate. If you are unable to ascertain enough information about the questions raised in this form and any other concerns you may have we strongly recommend you obtain independent advice through a building inspection, a lawyer, and a financial adviser.\n","sortOrder":19},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Contracts for sale of land or businesses—inquiries","content":"Schedule 3—Contracts for sale of land or businesses—inquiries\n\nTable 1—Mortgages, charges and prescribed encumbrances\nMortgage, charge or prescribed encumbrance specified as item in Form 1 Schedule Division 1 and Form 2 Schedule 2 Division 1\nBody to whom inquiry is to be made\n\t(1)\tAll items under the following headings (except where otherwise specified):\nFire and Emergency Services Act 2005\nLocal Government Act 1934 (repealed)\nLocal Government Act 1999\nLocal Nuisance and Litter Control Act 2016\nPlanning, Development and Infrastructure Act 2016 (the item relating to Part 16 Division 1 only)\n\t(2)\tAll items under the following headings (except where otherwise specified):\nDevelopment Act 1993 (repealed) (other than the item relating to section 60)\nFood Act 2001\nHousing Improvement Act 1940 (repealed)\nLand Acquisition Act 1969\nPlanning, Development and Infrastructure Act 2016 (other than the items relating to sections 139 and 140 and Part 16 Division 1)\nPublic and Environmental Health Act 1987 (repealed)\nRepealed Act conditions\nSouth Australian Public Health Act 2011 (other than the item relating to section 66)\nOther charges\nThe administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Planning, Development and Infrastructure Act 2016 and the council\n\t(3)\tAll other items (other than the items relating to the Development Act 1993 (repealed) section 60, the Fences Act 1975 section 5, the Mining Act 1971 sections 9AA, 56T(1), 58(a), 58A, 61, 75(1) and 82(1) and the Planning, Development and Infrastructure Act 2016 sections 139 and 140)\nThe administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Planning, Development and Infrastructure Act 2016\n\nTable 2—Matters affecting land\nMatters specified in Form 1 Schedule Division 2 and Form 2 Schedule 2 Division 2\nBody to whom inquiry is to be made\nParticulars of building indemnity insurance (all items under that heading)\nParticulars relating to environment protection (items 3, 4 and 5 under that heading)\nThe administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Planning, Development and Infrastructure Act 2016 or the Environment Protection Authority\nParticulars relating to environment protection (item 6 under that heading)\nParticulars relating to Livestock Act 1997 (the following items under that heading: a notice under section 33, 37 or 72 of the Act or an order under section 38 of the Act, in relation to the land or a building on the land)\nThe administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Planning, Development and Infrastructure Act 2016 or the Department of Primary Industries and Regions\n","sortOrder":20},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Financial and investment advice—specified warning","content":"Schedule 4—Financial and investment advice—specified warning\nLand and Business (Sale and Conveyancing) Act 1994 section 24B\nLand and Business (Sale and Conveyancing) Regulations 2025 regulation 21\nA land agent or sales representative who provides financial or investment advice to you in connection with the sale or purchase of land or a business is obliged to tell you the following:\nYou should assess the suitability of any purchase of the land or business in light of your own needs and circumstances by seeking independent financial and legal advice.\n","sortOrder":21},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Disclosure of benefits","content":"Schedule 5—Disclosure of benefits\nLand and Business (Sale and Conveyancing) Act 1994 section 24C\nLand and Business (Sale and Conveyancing) Regulations 2025 regulation 22\nIf a benefit has already been disclosed in a sales agency agreement then the use of this form is not required to disclose that benefit.\nSubject to section 24C of the Land and Business (Sale and Conveyancing) Act 1994, a land agent must use this form to disclose to you (the client):\n\t•\tbenefits which the agent will receive or expects to receive from a third person to whom the agent has referred you, or with whom the agent has contracted, when the referral or contract is for the provision of services associated with the sale or purchase of property or a business;\n\t•\tany other benefit of which the agent is aware that any person (including the agent) receives or expects to receive in connection with the sale or purchase.\nThe obligation to disclose a benefit to you under section 24C is ongoing and arises when the agent becomes aware of a benefit.\n\t•\tWhen this form is used, the land agent must disclose the nature, source and amount (or estimated amount or value) of the benefit.\n\t•\tA benefit includes a rebate, a discount, or a refund, and could include such things as frequent flyer points or gift vouchers.\n\t•\tUnder section 24C(5) of the Land and Business (Sale and Conveyancing) Act 1994 an agent includes an agent acting for the purchaser or vendor, and a sales representative acting for that agent.\n\nDescription of property or business\n\nNature of the benefit\nSource of the benefit\nAmount (or estimated amount or value) of the benefit\nName of recipient of the benefit and capacity* of recipient\n\n* refers to the capacity in which the person receives the benefit eg as an agent, a financier, mortgage broker, lawyer.\n\n[If insufficient space, add an annexure]\n\nName of agent/sales representative\nName of client\nSignature\nSignature\nDate\nDate\n","sortOrder":22},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Standard conditions of auction for residential land","content":"Schedule 6—Standard conditions of auction for residential land\nLand and Business (Sale and Conveyancing) Act 1994 section 24I\nLand and Business (Sale and Conveyancing) Regulations 2025 regulation 26\n1—Prescribed standard conditions\n\t(1)\tThe standard conditions of auction for the sale of residential land (the property) are as follows:\n\t(a)\tany person may bid in the auction in person, or by their proxy or representative, subject to the conditions of auction;\n\t(b)\tthe vendor's reserve price will be as recorded in the auction record;\n\t(c)\tto make a bid a person must be registered in the bidders register, having satisfied the requirements as to proof of identity and, if applicable, authority to bid as a proxy or representative;\n\t(d)\tthe auctioneer will only accept a bid if the person making the bid displays an identifying number or other unique identifier allocated to the person by the auctioneer;\n\t(e)\tthe auctioneer will, when accepting a bid, audibly announce the number or identifier so displayed by the bidder;\n\t(f)\tthe auctioneer may refuse a bid if of the opinion that it is not in the best interests of the vendor, and will not be obliged to give any reason for refusing a bid;\n\t(g)\tthe auctioneer may make bids on behalf of the vendor but not more than 3 such bids and only for amounts below the reserve price; any such bid will be audibly announced by the auctioneer as a \"vendor's bid\";\n\t(h)\tbidding increments will be accepted at the discretion of the auctioneer;\n\t(i)\tthe person accepted by the auctioneer as having made the highest bid at or above the reserve price will be the purchaser and that bid will be the purchase price;\n\t(j)\tthe auctioneer will not accept a bid made after the fall of the auctioneer's hammer;\n\t(k)\tunless otherwise agreed in writing by the purchaser and the vendor before the commencement of the auction—\n\t(i)\ta contract for the sale of the property, in the form displayed by the auctioneer at the auction, will be completed and signed by or on behalf of the purchaser and the vendor immediately after the fall of the hammer; and\n\t(ii)\tthe purchaser will pay a deposit immediately after the fall of the hammer, as specified in the conditions of auction;\n\t(l)\tthe auctioneer will have irrevocable authority, after the fall of the auctioneer's hammer, to complete and sign the contract on behalf of the purchaser or the vendor, or both; completion and signing under that authority will be at the auctioneer's discretion in the event of breach by the purchaser of any of the conditions of auction;\n\t(m)\tthe cooling‑off rights under section 5 of the Land and Business (Sale and Conveyancing) Act 1994 do not apply to a sale by auction or a sale on the day of auction to a person who has made a bid in the auction (whether in person or by their proxy or representative).\n\t(2)\tIn this Schedule—\nconditions of auction includes conditions displayed by the auctioneer at the auction as conditions of the auction, together with the standard conditions of auction set out above.\n","sortOrder":23},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Collusive practices at auctions of land or businesses","content":"Schedule 7—Collusive practices at auctions of land or businesses\nLand and Business (Sale and Conveyancing) Act 1994 section 24L\nLand and Business (Sale and Conveyancing) Regulations 2025 regulation 28\nSection 24L of the Land and Business (Sale and Conveyancing) Act 1994 makes it unlawful to engage in collusive practices in relation to an auction of land or a business. Under that section a person must not do any of the following as a result of a collusive practice, or induce or attempt to induce another person by a collusive practice to do any of the following:\n\t(a)\tabstain from bidding;\n\t(b)\tbid to a limited extent;\n\t(c)\tdo anything else that might tend to prevent free and open competition.\nThe maximum penalty for committing such an offence is $20 000.\n* \"Collusive practice\" is defined in section 24L(4) of the Act. If you are intending to bid at an auction and are unsure whether your activity constitutes a collusive practice, it is advisable to seek independent legal advice.\n","sortOrder":24},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Dual representation—forms","content":"Schedule 8—Dual representation—forms\nForm 1—Acknowledgment that conveyancer acts for more than 1 party\nLand and Business (Sale and Conveyancing) Act 1994 (section 30)\nTo [insert name of client] of [insert address of client]\nRe [insert transaction]\nAdvice\n\t1\tPlease note that I, [insert name of conveyancer] of [insert business address of conveyancer], have been requested to act for [insert name of other client] of [insert address of other client] who is a party to the above transaction in respect of which I act also on your behalf.\n\t2\tIn the event of a conflict of interest arising, I am bound to cease to act for you and my other client involved in the transaction unless you and my other client agree in writing that I may continue to act for you or for my other client.\nSigned by conveyancer:\nAcknowledgment\nI, [insert name of client] acknowledge that I have read and understood the above advice.\nSigned by client:\nForm 2—General authority to conveyancer to act for more than 1 party\nLand and Business (Sale and Conveyancing) Act 1994 (section 30)\nI, [insert name of client] of [insert address of client], authorise [insert name of conveyancer] of [insert business address of conveyancer] to act for another party or parties to any [insert general description of nature of transactions to be authorised] in respect of which the conveyancer is also acting on my behalf.\nI have been advised that a conveyancer owes a duty to act in the best interests of each client involved in the transaction and that, in the event of a conflict of interests arising, a conveyancer is bound to cease to act for each of them unless all clients agree in writing for which of them the conveyancer may then continue to act.\n","sortOrder":25},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Repeal and transitional provisions","content":"Schedule 9—Repeal and transitional provisions\n1—Repeal of Land and Business (Sale and Conveyancing) Regulations 2010\nThe Land and Business (Sale and Conveyancing) Regulations 2010 are repealed.\n2—Transitional provisions\n\t(1)\tA 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 these regulations if the statement—\n\t(a)\twas prepared before the relevant day; and\n\t(b)\twas 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\n\t(c)\tcomplies, or is taken to comply, with the Act and repealed regulations as in force immediately before the commencement of these regulations.\n\t(2)\tA 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 these regulations if the statement—\n\t(a)\twas prepared before the relevant day; and\n\t(b)\twas 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\n\t(c)\tcomplies, or is taken to comply, with the Act and the repealed regulations as in force immediately before the commencement of these regulations.\n\t(3)\tA 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.\n\t(4)\tIn this clause—\nrelevant day means the day 2 months after the commencement of these regulations;\nrepealed regulations means the regulations repealed by clause 1 of this Schedule;\nserved 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.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\nGazette 7.8.2025 p3048 \n1.9.2025: r 2\n","sortOrder":26}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":724},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"This appears to be a straightforward re-enactment of the 2010 regulations with updated references and commencement dates. The structure, forms, and substantive requirements remain consistent with the previous version, suggesting no significant expansion beyond the original regulatory purpose of governing land and business sales in South Australia."},"complexity_factors":["Extensive cross-referencing to multiple Acts (Planning, Development and Infrastructure Act 2016, Environment Protection Act 1993, Community Titles Act 1996, Strata Titles Act 1988, and 30+ others)","36 separate items in Form 1 Schedule Division 1 covering mortgages, charges and prescribed encumbrances, each with multiple sub-items","Detailed environmental disclosure requirements spanning 7 items with 5 sub-questions each, plus a 68-item list of prescribed commercial/industrial activities","Multiple conditional logic paths (e.g., cooling-off periods vary based on 7 different exemption scenarios)","9 Schedules containing prescribed forms with intricate completion instructions","Nested definitions and interpretation clauses (e.g., 'domestic partner', 'prescribed body', 'relevant interest')","Transitional provisions with multiple date-based conditions","Specific typographical requirements (10-point minimum for agency agreements, 12-point for notices, Times New Roman font specified)","Auction record-keeping requirements with 10+ mandatory data fields and identity verification protocols","Dual representation rules with 6 permitted relationship categories plus conflict-of-interest override provisions"],"plain_english_summary":"These regulations set out the detailed rules for buying and selling land and businesses in South Australia. They replace the 2010 regulations and take effect from 1 September 2025.\n\n**What this covers:**\n\n- **Vendor statements** — Sellers must provide detailed disclosure documents (Forms 1 and 2) revealing everything that affects the property: mortgages, easements, council orders, environmental contamination, heritage restrictions, strata/community title obligations, and dozens of other potential issues.\n\n- **Cooling-off rights** — Buyers generally get 2 business days to change their mind for land sales, and 5 business days for small business sales, unless they get independent legal advice or buy at auction.\n\n- **Real estate agent conduct** — Strict rules govern how agents operate: they can't act for both buyer and seller (with limited exceptions), must disclose any benefits they receive from third parties, can't make false representations about likely selling prices, and must keep detailed auction records including bidder identification.\n\n- **Conveyancer dual representation** — A conveyancer (property lawyer) can only act for both parties in specific circumstances, such as when they're related, domestic partners, or business partners. They must stop immediately if a conflict of interest arises.\n\n- **Environmental protection** — Extensive disclosure requirements around site contamination, with detailed questions about past industrial activities, EPA licences, and cleanup orders.\n\n- **Auction rules** — Standard conditions apply, including mandatory bidder registration, proof of identity requirements, limits on vendor bids (maximum 3, and only below reserve price), and prohibitions on collusive practices.\n\n**Who this affects:**\nAnyone buying or selling residential or commercial property, small businesses, real estate agents, conveyancers, and auctioneers in South Australia. The regulations are highly prescriptive — for example, specifying that documents must use 12-point Times New Roman font and requiring agents to obtain written acknowledgments before acting for both parties."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"These regulations repeal the 2010 regulations and largely update and standardise the procedural and documentary mechanics under the existing Act (forms, electronic service, recordkeeping, auction and disclosure procedures). They do not materially expand the Act's substantive reach or create new categories of regulated conduct; rather they specify how existing duties are to be performed, add modernisation (electronic service, backup requirements) and update prescribed particulars (eg environmental, asbestos, aluminium composite panels). The exercise is therefore a technical and procedural refresh rather than a significant enlargement of scope beyond the Act's original consumer‑protection and disclosure purpose (see Schedule 9 transitional and repeal provisions)."},"complexity_factors":["Extensive length: 35 regulations plus 9 schedules containing many multi‑part forms and checklists (Schedules 1–9).","Large number of cross‑references to the Act and many other statutes (eg Environment Protection Act 1993, Planning, Development and Infrastructure Act 2016, multiple repealed Acts) across Schedules 1–3 and Schedule 3 tables.","Many conditional rules and nested exceptions (eg which parts of Form 1 or Form 2 must be included depending on whether land or business is sold, whether community/strata title applies, or whether particular matters affect the land/business).","Multiple approval/discretion points vested in the Commissioner (regulation 25), including information requirements verifiable by statutory declaration and valuer approval conditions.","Numerous prescribed time limits and alternative timing rules (eg cooling‑off periods, 90/180‑day periods in regulation 18, transitional 'relevant day' rules in Schedule 9).","Detailed procedural prescriptions (type size, font, method of service, identity verification at auctions) that require operational coordination between different actors (agents, vendors, councils, administrative units).","Overlap of electronic and paper rules (allowing email/fax service but also prescribing hard‑copy backups before deletions in recordkeeping), creating implementation choices and compliance pathways.","Multiple exemptions and carve‑outs (auctioneer and public‑body exemptions, auction‑related exceptions to certain rules) producing non‑uniform application across transactions."],"plain_english_summary":"**What these regulations do (mechanics first)\n\n- Prescribe the exact forms, contents and procedures used in sales and conveyancing under the Land and Business (Sale and Conveyancing) Act 1994 (the Act).  Schedules 1–8 set out vendor statements, small‑business statements, accountant and legal certificates, auction conditions, disclosure forms and dual‑representation consent forms (see regulation 4 and Schedules 1, 2, 6, 8).\n\n- Define certain practical requirements: who qualifies as a \"qualified accountant\" (regulation 5), the approved form of a legal practitioner's certificate for independent advice (regulation 6), minimum print size and Times New Roman font (regulation 3(3), regulation 16), and that forms must be completed as instructed (regulation 4).\n\n- Set what particulars must appear in vendor statements for land and for small businesses, and which encumbrances and matters are \"prescribed\" for disclosure (regulations 8–12, regulation 9 and Schedules 1 & 2).  They also list prescribed inquiries that agents must make of councils, the Lands Titles office, the EPA and specified administrative units (regulation 13 and Schedule 3).\n\n- Require agents and vendors to give particular notices to purchasers (regulation 16 and Schedule 2) and to provide specified certificates (agent's certificates, accountant's certificate) in approved forms (regulations 12, 14).\n\n- Modernise service and records rules: vendor's statements, certain certificates and notices may be sent by fax or email to addresses provided for that purpose (regulations 32–34).  Persons required to keep records electronically must make monthly backups, keep hard copies before deleting electronic records and protect copies against loss, theft or unauthorised access (regulation 35).\n\n- Regulate auction practice: prescribe standard auction conditions for residential land, set bidder identity and bidders'‑register requirements, require a public notice about collusive practices be available before auctions, and require certain pre‑auction records (regulations 26–28 and Schedule 6 & 7; regulation 27 sets bidders'‑register rules).\n\n- Deal with conflicts and \"dual representation\": set circumstances where a conveyancer may act for both parties (related parties, written acknowledgement in forms at Schedule 8), require cessation of acting if a conflict arises, and define conflict of interest (Part 3, regs 29–31).\n\n- Place limits and approval processes on agents obtaining beneficial interests in property they sell or appraise: Commissioner approval may be required, the Commissioner may seek information or refuse applications on specified grounds, and public auction exceptions are provided (regulation 25).\n\n- Clarify a number of exemptions and procedural timeframes (e.g. auctioneer and certain public‑body exemptions, prescribed day counts of 90 and 180 days in specified Act provisions—regulation 18).\n\nWho this affects\n\n- Vendors of land and vendors of small businesses: must complete detailed vendor statements in the prescribed forms and punctuality (regulations 8–12; Schedules 1–2).\n- Real estate agents and sales representatives: new or clarified duties on disclosure of benefits (Schedule 5), warnings before giving financial/investment advice (regulation 21 and Schedule 4), valuation and unsolicited contact rules (regulation 23), auction‑related obligations (regulations 26–28), and constraints on obtaining beneficial interests (regulation 25).\n- Conveyancers and legal practitioners: rules on dual representation and required certificate forms (regs 29–31; Form 3); legal practitioners certify independent advice in a prescribed form (regulation 6 and Form 3 Part A).\n- Councils, statutory authorities and public administrative units: obliged to provide particulars and documentary material when the prescribed inquiries require it (regulation 15 and Schedule 3).\n- Purchasers: explicit notices and cooling‑off mechanics, forms for waivers and notices, and access to prescribed particulars (Schedules 1–3; regulation 16).\n\nWhy it matters (claimed purposes and how they work in practice)\n\n- The regulations primarily operationalise the Act by standardising disclosure and procedure (forms, font/print size, timing, service methods) so purchasers receive consistent information before contracting (see regulations 4, 8–12, 16).  Standardised vendor statements and agent/ accountant/ legal certificates are the key mechanism for informing purchasers.\n\n- They modernise processes by allowing email/fax service and by prescribing electronic recordkeeping requirements (regulations 32–35).  That reduces reliance on paper but imposes security and backup obligations.\n\n- They tighten auction practice and bidder identification to increase transparency at auctions (regulation 27; Schedule 6).\n\nPractical costs, incentives and trade‑offs (concrete mechanisms)\n\n- Compliance burden and costs: vendors, agents, conveyancers and councils must fill in long prescribed forms (many cross‑referenced items in Schedules 1–3). That increases time and administrative cost for vendors and agents, and requires councils and administrative units to respond to inquiries and supply documents (regulation 15(1)–(3)).\n\n- Information‑provision shifts cost to public bodies: councils and public administrative units must provide records and may charge prescribed fees (regulation 15(3)); capacity varies across councils (Schedule notes) which creates uneven practical access to information for purchasers.\n\n- Commissioner discretion: the Commissioner can approve or refuse agents obtaining beneficial interests and can require statutory declarations or valuations run by approved valuers (regulation 25). That centralises decision‑making and introduces administrative discretion affecting agents' commercial choices.\n\n- Behavioural effects on agents and buyers: mandated warnings before financial advice (regulation 21) and ongoing disclosure obligations (Schedule 5) create an incentive for agents to refer clients to licensed advisers or to document disclosures carefully. The requirement that an agent not act for both purchaser and vendor (with limited exceptions) shifts agents toward single‑party representation in many transactions (regulations 24, 25, 29–31).\n\n- Opportunity costs: longer, more detailed vendor statements and required inquiries may lengthen pre‑contract time and raise compliance costs for small vendors and small‑business sellers.  Some exemptions (e.g. auctioneer functions, certain public‑body clients) reduce burdens in particular transactions (regulation 18(3)–(4)).\n\n- Implementation risk: reliance on councils, the Lands Titles Office and the EPA to produce timely documents (regulation 13, Schedule 3) creates a bottleneck; Schedule notes acknowledge variable council capability.\n\n- Effects on private contract freedom and markets: the regulations primarily regulate disclosure and process rather than substantive contract terms. They constrain some agent practices (e.g. beneficial interests, dual agency) but otherwise leave parties free to agree on price/other contract terms subject to statutory cooling‑off and disclosure mechanics (see reg 5, Schedules 1–2).\n\nKey enforcement levers and penalties\n\n- Conveyancer failing to cease when conflict arises: maximum penalty $5,000 (regulation 30(1)).\n- Collusive auction practices: maximum penalty $20,000 (Schedule 7 under section 24L of the Act).\n\nOverall: the instrument is a detailed, technical update that prescribes forms, electronic service and recordkeeping, tightens auction and disclosure rules, and codifies practical procedures for inquiries and certificates.  It increases administrative detail and some supervisory discretion (Commissioner powers), while leaving the Act's broad framework intact (see regulation 9, Part 2 and Schedules)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope change cannot be assessed — the full text of the Regulations was not accessible due to a broken URL. No content was available to compare against the original enabling Act or any predecessor regulations."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess structural complexity, cross-references, defined terms, or operative provisions","Complexity score of 1 reflects absence of analysable content, not simplicity of the underlying law","The underlying Act (Land and Business (Sale and Conveyancing) Act) is moderately complex in practice, but this cannot be confirmed for the 2025 Regulations without access to the text"],"plain_english_summary":"The Land and Business (Sale and Conveyancing) Regulations 2025 (SA) set detailed rules under the Land and Business (Sale and Conveyancing) Act for how land and business transactions are conducted—covering disclosure, contract form, cooling-off, agent obligations, fees and penalties. It affects home and business buyers and sellers, real estate agents, conveyancers and lawyers by prescribing transaction procedures and consumer protections in South Australia."}},"importantCases":[],"_links":{"self":"/api/acts/land-and-business-sale-and-conveyancing-regulations-2025","history":"/api/acts/land-and-business-sale-and-conveyancing-regulations-2025/history","analysis":"/api/acts/land-and-business-sale-and-conveyancing-regulations-2025/analysis","conflicts":"/api/acts/land-and-business-sale-and-conveyancing-regulations-2025/conflicts","importantCases":"/api/acts/land-and-business-sale-and-conveyancing-regulations-2025/important-cases","documents":"/api/acts/land-and-business-sale-and-conveyancing-regulations-2025/documents"}}