Schedule 1—Contracts for sale of land or businesses—forms
Form
1—Vendor's statement
(Section 7 Land and Business (Sale and Conveyancing) Act 1994 )
Contents Preliminary |
☐ |
Schedule | |
Preliminary To the purchaser: The purpose of a statement under section 7 of the Land and Business
(Sale and Conveyancing) Act 1994 is to put you on notice of certain
particulars concerning the land to be acquired. If you intend to carry out building work on the land, change the use of the
land or divide the land, you should make further inquiries to determine
whether this will be permitted. For example, building work may not be
permitted on land not connected to a sewerage system or common drainage scheme
if the land is near a watercourse, dam, bore or the River Murray and Lakes. The Aboriginal Heritage Act 1988 protects any Aboriginal site or object
on the land. Details of any such site or object may be sought from the
"traditional owners" as defined in that Act. If you desire additional information, it is up to you to make further
inquiries as appropriate. | |
Instructions to the vendor for completing this statement: ☐ means the Part, Division, particulars or item may not be applicable. If it is applicable, ensure the box is ticked and complete the Part, Division,
particulars or item. If it is not applicable, ensure the box is empty or strike out the Part,
Division, particulars or item. Alternatively, the Part, Division, particulars
or item may be omitted, but not in the case of an item or heading in the table
of particulars in Division 1 of the Schedule that is required by the
instructions at the head of that table to be retained as part of this
statement. * means strike out or omit the option that is not applicable. All questions must be answered with a YES or NO (inserted in the place
indicated by a rectangle or square brackets below or to the side of the
question). If there is insufficient space to provide any particulars required, continue
on attachments. | |
Part A—Parties and land 1 Purchaser: 2 Purchaser's
registered agent: 3 Vendor: 4 Vendor's registered
agent: 5 Date of contract (if
made before this statement is served): 6 Description of the
land: |
☐ ☐ |
Part B—Purchaser's cooling-off rights and proceeding with the purchase To the purchaser: Right to cool-off 1—Right to cool-off and restrictions on that right You may notify the vendor of your intention not to be bound by the contract
for the sale of the land UNLESS— (a) you
purchased by auction; or (b) you
purchased on the same day as you, or some person on your behalf, bid at the
auction of the land; or (c) you
have, before signing the contract, received independent advice from a legal
practitioner and the legal practitioner has signed a certificate in the
prescribed form as to the giving of that advice; or (d) you
are a body corporate and the land is not residential land; or (e) the
contract is made by the exercise of an option to purchase not less than
5 clear business days after the grant of the option and not less than 2
clear business days after service of this form; or (f) the
sale is by tender and the contract is made not less than 5 clear business days
after the day fixed for the closing of tenders and not less than 2 clear
business days after service of this form; or (g) the
contract also provides for the sale of a business that is not a small
business. | |
2—Time for service The cooling-off notice must be served— (a) if
this form is served on you before the making of the contract—before the
end of the second clear business day after the day on which the contract was
made; or (b) if
this form is served on you after the making of the contract—before the
end of the second clear business day from the day on which this form is
served. However, if this form is not served on you at least 2 clear business days
before the time at which settlement takes place, the cooling-off notice may be
served at any time before settlement. | |
3—Form of cooling-off notice The cooling-off notice must be in writing and must be signed by you. | |
4—Methods of service The cooling-off notice must be— (a)
given to the vendor personally; or (b)
posted by registered post to the vendor at the following address: (c)
transmitted by fax or email to the following fax number or email address:
(d) left
for the vendor's agent (with a person apparently responsible to the agent) at,
or posted by registered post to the agent at, the following address: Note— Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994
places the onus of proving the giving of the cooling-off notice on the
purchaser . It is therefore strongly recommended that— (a) if
you intend to serve the notice by leaving it for the vendor's agent at the
agent's address for service or an address nominated by the agent, you obtain
an acknowledgment of service of the notice in writing; or (b) if
you intend to serve the notice by fax or email, you obtain a record of the
transmission of the fax or email. | |
5—Effect of service If you serve such cooling-off notice on the vendor, the contract will be taken
to have been rescinded at the time when the notice was served. You are then
entitled to the return of any money you paid under the contract other
than— (a) the
amount of any deposit paid if the deposit did not exceed $100; or (b) an
amount paid for an option to purchase the land. | |
Proceeding with the purchase If you wish to proceed with the purchase— (a) it
is strongly recommended that you take steps to make sure your interest in the
property is adequately insured against loss or damage; and (b) pay
particular attention to the provisions in the contract as to time of
settlement - it is essential that the necessary arrangements are made to
complete the purchase by the agreed date - if you do not do so, you may be in
breach of the contract; and (c) you
are entitled to retain the solicitor or registered conveyancer of your choice.
| |
Part C—Statement with respect to required particulars To the purchaser: *I/We, Date: | |
Part D—Certificate with respect to prescribed inquiries by registered
agent To the purchaser: I, certify *that the responses/that, subject to the exceptions stated below, the
responses to the inquiries made pursuant to section 9 of the Land and
Business (Sale and Conveyancing) Act 1994 confirm the completeness and
accuracy of the particulars set out in the Schedule. Date: *Vendor's/Purchaser's agent |
☐ |
Schedule—Division 1—Particulars of mortgages, charges and
prescribed encumbrances affecting the land
Note—
Section 7(3) of the Act provides that this statement need not include
reference to charges arising from the imposition of rates or taxes less than
12 months before the date of service of the statement.
Where a mortgage, charge or prescribed encumbrance referred to in
column 1 of the table below is applicable to the land, the particulars in
relation to that mortgage, charge or prescribed encumbrance required by
column 2 of the table must be set out in the table (in accordance with
the instructions in the table) unless—
(a)
there is an attachment to this statement and—
(i)
all the required particulars are contained in that
attachment; and
(ii)
the attachment is identified in column 2; and
(iii)
if the attachment consists of more than 2 sheets of
paper, those parts of the attachment that contain the required particulars are
identified in column 2; or
(b) the
mortgage, charge or prescribed encumbrance—
(i)
is 1 of the following items in the table:
(A) under the heading 1. General—
1.1 Mortgage of land
1.4 Lease, agreement
for lease, tenancy agreement or licence
1.5 Caveat
1.6 Lien or notice of
a lien
(B) under the heading 36. Other
charges—
36.1 Charge of any
kind affecting the land (not included in another item); and
(ii)
is registered on the certificate of title to the land;
and
(iii)
is to be discharged or satisfied prior to or at
settlement.
Table of particulars
Column 1 |
Column 2 |
Column 3 | |
[If an item is applicable, ensure that the box for the item is ticked and
complete the item.] [If an item is not applicable, ensure that the box for the item is empty or
else strike out the item or write "NOT APPLICABLE" or "N/A" in column 1.
Alternatively, the item and any inapplicable heading may be omitted, but not
in the case of— (a) the
heading "1. General" and items 1.1, 1.2, 1.3 and 1.4; and (b) the
heading "5. Development Act 1993 (repealed)" and item 5.1; and (c) the
heading "6. Repealed Act conditions" and item 6.1; and (d) the
heading "29. Planning, Development and Infrastructure Act 2016 " and
items 29.1 and 29.2, which must be retained as part of this statement whether applicable or not.] [If an item is applicable, all particulars requested in column 2 must be
set out in the item unless the Note preceding this table otherwise permits.
Particulars requested in bold type must be set out in column 3 and all
other particulars must be set out in column 2.] [If there is more than 1 mortgage, charge or prescribed encumbrance of a
kind referred to in column 1, the particulars requested in column 2
must be set out for each such mortgage, charge or prescribed encumbrance.] [If requested particulars are set out in the item and then continued on an
attachment due to insufficient space, identify the attachment in the place
provided in column 2. If all of the requested particulars are contained
in an attachment (instead of in the item) in accordance with the Note
preceding this table, identify the attachment in the place provided in
column 2 and (if required by the Note) identify the parts of the
attachment that contain the particulars.] | |||
1. General | |||
1.1 |
Mortgage of land [Note — Do not omit this item. The item and its heading must be included in the
statement even if not applicable.] |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
|
Number of mortgage (if registered): | | |
|
Name of mortgagee: | | |
1.2 |
Easement Note— "Easement" includes rights of way and party wall rights. |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |||
| |||
|
Description of land subject to easement: | | |
|
[Note — Do not omit this item. The item and its heading must be included in the
statement even if not applicable.] |
Nature of easement: | |
|
Are you aware of any encroachment on the easement?
| | |
|
If there is an encroachment, has approval for the encroachment been given?
| | |
1.3 |
Restrictive covenant [Note — Do not omit this item. The item and its heading must be included in the
statement even if not applicable.] |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
|
Nature of restrictive covenant: | | |
|
Name of person in whose favour restrictive covenant operates: | | |
|
Does the restrictive covenant affect the whole of the land being acquired?
| | |
|
Does the restrictive covenant affect land other than that being acquired?
| | |
1.4 |
Lease, agreement for lease, tenancy agreement or licence (The information does not include information about any sublease or
subtenancy. That information may be sought by the purchaser from the lessee or
tenant or sublessee or subtenant.) [Note — Do not omit this item. The item and its heading must be included in the
statement even if not applicable.] |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
|
Names of parties: | | |
|
Period of lease, agreement for lease etc: From to | | |
|
Amount of rent or licence fee: $ per (period) |
| |
Is the lease, agreement for lease etc in writing?
| | ||
|
If the lease or licence was granted under an Act relating to the disposal of
Crown lands, specify— (a) the
Act under which the lease or licence was granted: (b) the
outstanding amounts due (including any interest or penalty): | | |
1.5 |
Caveat |
Is this item applicable? |
☐ |
| |
Will this be discharged or satisfied prior to or at settlement? |
[ ] |
| |
Are there attachments? |
[ ] |
| |
Name and address of caveator: | |
| |
Particulars of interest claimed: | |
1.6 |
Lien or notice of a lien |
Is this item applicable? |
☐ |
| |
Will this be discharged or satisfied prior to or at settlement? |
[ ] |
| |
Are there attachments? |
[ ] |
| |
Land or other property subject to lien: | |
| |
Nature of lien: | |
| |
Name and address of person who has imposed lien or given notice of it: | |
2.1 |
section 9—Registration in central archives of an Aboriginal site or
object |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Particulars of register entry: | |
2.2 |
section 24—Directions prohibiting or restricting access to, or
activities on, a site or an area surrounding a site |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Site or area to which notice relates: | |
| |
Directions (as stated in notice): | |
2.3 |
Part 3 Division 6—Aboriginal heritage agreement |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of agreement: | |
| |
Description of property subject to agreement: | |
| |
Names of parties: | |
| |
Terms of agreement: | |
3.1 |
section 8—Human remains interred on land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Have human remains been interred on the land that will not be exhumed prior to
settlement? | |
| |
GPS coordinates of the remains: | |
4.1 |
section 5—Notice requiring payment |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Land in respect of which Crown rates and taxes are owing: | |
| |
Amount owing (as stated in the notice): | |
5. Development Act 1993 (repealed) | |||
5.1 |
section 42—Condition (that continues to apply) of a development
authorisation [Note — Do not omit this item. The item and its heading must be included in the
statement even if not applicable.] |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
|
Condition(s) of authorisation: | | |
5.2 |
section 50(1)—Requirement to vest land in a council or the Crown to
be held as open space |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date requirement given: | |
| |
Name of body giving requirement: | |
| |
Nature of requirement: | |
| |
Contribution payable (if any): | |
5.3 |
section 50(2)—Agreement to vest land in a council or the Crown to
be held as open space |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of agreement: | |
| |
Names of parties: | |
| |
Terms of agreement: | |
| |
Contribution payable (if any): | |
5.4 |
section 55—Order to remove or perform work |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of order: | |
| |
Terms of order: | |
| |
Building work (if any) required to be carried out: | |
| |
Amount payable (if any): | |
5.5 |
section 56—Notice to complete development |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Requirements of notice: | |
| |
Building work (if any) required to be carried out: | |
| |
Amount payable (if any): | |
5.6 |
section 57—Land management agreement |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of agreement: | |
| |
Names of parties: | |
| |
Terms of agreement: | |
5.7 |
section 60—Notice of intention by building owner |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Building work proposed (as stated in the notice): | |
| |
Other building work as required pursuant to the Act: | |
5.8 |
section 69—Emergency order |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of order: | |
| |
Name of authorised officer who made order: | |
| |
Name of authority that appointed the authorised officer: | |
| |
Nature of order: | |
| |
Amount payable (if any): | |
5.9 |
section 71—Fire safety notice |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of authority giving notice: | |
| |
Requirements of notice: | |
| |
Building work (if any) required to be carried out: | |
| |
Amount payable (if any): | |
5.10 |
section 84—Enforcement notice |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date notice given: | |
| |
Name of relevant authority giving notice: | |
| |
Nature of directions contained in notice: | |
| |
Building work (if any) required to be carried out: | |
| |
Amount payable (if any): | |
5.11 |
section 85(6), 85(10) or 106—Enforcement order |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date order made: | |
| |
Name of court that made order: | |
| |
Action number: | |
| |
Names of parties: | |
| |
Terms of order: | |
| |
Building work (if any) required to be carried out: | |
5.12 |
Part 11 Division 2—Proceedings |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of commencement of proceedings: | |
| |
Date of determination or order (if any): | |
| |
Terms of determination or order (if any): | |
6. Repealed Act conditions | |||
6.1 |
Condition (that continues to apply) of an approval or authorisation granted
under the Building Act 1971 (repealed), the City of Adelaide Development
Control Act 1976 (repealed), the Planning Act 1982 (repealed) or the
Planning and Development Act 1966 (repealed) [Note — Do not omit this item. The item and its heading must be included in the
statement even if not applicable.] |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
|
Nature of condition(s): | | |
7.1 |
section 16—Notice to pay levy |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Amount of levy payable: | |
8.1 |
section 59—Environment performance agreement that is registered in
relation to the land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
|
Date of agreement: | | |
8.2 |
section 93—Environment protection order that is registered in relation
to the land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of issue: | |
| |
Compliance date(s) specified in the order: | |
8.3 |
section 93A—Environment protection order relating to cessation of
activity that is registered in relation to the land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of issue: | |
| |
Compliance date(s) specified in the order: | |
8.4 |
section 99—Clean-up order that is registered in relation to the land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of issue: | |
| |
Compliance date(s) specified in the order: | |
| |
Amount of charge on the land (if applicable and known): | |
8.5 |
section 100—Clean-up authorisation that is registered in relation to the
land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of issue: | |
| |
Amount of charge on the land (if known): | |
8.6 |
section 103H—Site contamination assessment order that is registered in
relation to the land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of issue: | |
| |
Compliance date(s) specified in the order: | |
| |
Amount of charge on the land (if applicable and known): | |
8.7 |
section 103J—Site remediation order that is registered in relation to
the land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of issue: | |
| |
Compliance date(s) specified in the order: | |
| |
Amount of charge on the land (if applicable and known): | |
8.8 |
section 103N—Notice of declaration of special management area in
relation to the land (due to possible existence of site contamination) |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Date of Gazette in which notice published: | |
| |
Description of area or areas to which the notice relates: | |
8.9 |
section 103P—Notation of site contamination audit report in relation to
the land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notation: | |
| |
Note— Site contamination audit reports are kept by the EPA in the public register
under section 109 of the Environment Protection Act 1993 . | |
8.10 |
section 103S—Notice of prohibition or restriction on taking water
affected by site contamination in relation to the land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Date of Gazette in which notice published: | |
| |
Description of the water to which the notice relates: | |
| |
Particulars given in the notice of the site contamination affecting the water:
| |
9.1 |
section 5—Notice of intention to perform fencing work |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name and address of person to whom notice was given or from whom notice was
received: | |
| |
Particulars of relevant boundary: | |
| |
Kind of fence proposed to be constructed or nature of work proposed to be done
to existing fence: | |
| |
Cost or estimated cost of fence or work (as stated in the notice): | |
| |
Amount sought by proponent from adjoining owner (as stated in the notice): | |
If there is a cross-notice under section 6, give details of— (a) the
proposals objected to: (b) the
counter-proposals: | | ||
10.1 |
section 105F (or section 56 or 83 (repealed))—Notice to take action
to prevent outbreak or spread of fire |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Person or body who issued notice: | |
| |
Requirements of notice (as stated therein): | |
| |
Amount payable (if any): | |
11. Food Act 2001 | |||
11.1 |
section 44—Improvement notice |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of authorised officer who served notice: | |
| |
Name of authority that appointed officer: | |
| |
Requirements of notice: | |
11.2 |
section 46—Prohibition order |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of order: | |
| |
Name of authority or person who served order: | |
| |
Requirements of order: | |
12.1 |
Part 6—Risk management allocation |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Is a waterlogging and salinity risk management allocation attached to the
whole or any part of the land? | |
12.2 |
section 56—Notice to pay share of Trust costs, or for unauthorised use
of water, in respect of irrigated property |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Amount payable (as stated in notice): | |
13.1 |
section 14(2)(b)—Registration of an object of heritage significance
|
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of registration: | |
| |
Description and location of object registered: | |
13.2 |
section 17 or 18—Provisional registration or registration |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Description of place registered: | |
| |
Has the place been designated as a place of geological, palaeontological or
speleological significance or archaeological significance?
| |
13.3 |
section 30—Stop order |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of order: | |
| |
Terms of order: | |
13.4 |
Part 6—Heritage agreement |
Is this item applicable? |
☐ |
| |
Will this be discharged or satisfied prior to or at settlement? |
[ ] |
| |
Are there attachments? |
[ ] |
| |
Date of agreement: | |
| |
Description of property subject to agreement: | |
| |
Names of parties: | |
| |
Terms of agreement: | |
13.5 |
section 38—"No development" order |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of order: | |
| |
Terms of order: | |
14.1 |
Part 2A—Establishment of control of access from any road abutting the
land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of establishment of control of access: | |
| |
Description of boundary of land affected: | |
15. Housing Improvement Act 1940 (repealed) | |||
15.1 |
section 23—Declaration that house is undesirable or unfit for human
habitation |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of declaration: | |
| |
Those particulars required to be provided by a council under section 23: | |
15.2 |
Part 7 (rent control for substandard houses)—Notice or declaration |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice or declaration: | |
| |
Those particulars required to be provided by the housing authority under
section 60: | |
16.1 |
Part 3 Division 1—Assessment, improvement or demolition orders |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of order: | |
| |
Those particulars required to be provided by the Minister under
section 14 or 15 (if applicable): | |
16.2 |
section 22—Notice to vacate premises |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Name of authority that issued the notice: | |
| |
Date by which the premises must be vacated: | |
16.3 |
section 25—Rent control notice |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Maximum rent payable (per week): | |
17.1 |
section 10—Notice of intention to acquire |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of Authority who served notice: | |
| |
Description of land intended to be acquired (as described in the notice): | |
18.1 |
section 72—Notice to pay levy in respect of costs of regional landscape
board |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Amount of levy payable: | |
18.2 |
section 78—Notice to pay levy in respect of right to take water or
taking of water |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Amount of levy payable: | |
18.3 |
section 99—Notice to prepare an action plan for compliance with general
statutory duty |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Name of authority or person that issued notice: | |
| |
Requirements of notice (as specified therein): | |
18.4 |
section 107—Notice to rectify effects of unauthorised activity |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of relevant authority that issued notice: | |
| |
Requirements of notice (as specified therein): | |
18.5 |
section 108—Notice to maintain watercourse or lake in good condition |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of relevant authority that issued notice: | |
| |
Requirements of notice (as specified therein): | |
18.6 |
section 109—Notice restricting the taking of water or directing action
in relation to the taking of water |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Water resource to which notice applies: | |
| |
Requirements of notice (as specified therein): | |
18.7 |
section 111—Notice to remove or modify a dam, embankment, wall or other
obstruction or object |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Requirements of notice (as specified therein): | |
18.8 |
section 112—Permit (or condition of a permit) that remains in force |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of permit: | |
| |
Name of relevant authority that granted permit: | |
| |
Condition(s) of permit: | |
18.9 |
section 120—Notice to take remedial or other action in relation to a
well |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Location of well: | |
| |
Requirements of notice (as specified therein): | |
18.10 |
section 135—Water resource works approval |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Details of site where works are authorised: | |
18.11 |
section 142—Site use approval |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Details of location where water use is allowed: | |
18.12 |
section 166—Forest water licence |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Details of location of forest to which licence relates: | |
18.13 |
section 191—Notice of instruction as to keeping or management of animal
or plant |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of authorised officer who issued notice: | |
| |
Requirements of notice (as specified therein): | |
18.14 |
section 193—Notice to comply with action order for the destruction or
control of animals or plants |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Name of authorised officer who issued notice: | |
| |
Requirements of notice (as specified therein): | |
18.15 |
section 194—Notice to pay costs of destruction or control of animals or
plants on road reserve |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Name of authority that issued notice: | |
| |
Amount payable (as specified in notice): | |
18.16 |
section 196—Notice requiring control or quarantine of animal or plant |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Requirements of notice (as specified therein): | |
18.17 |
section 207—Protection order to secure compliance with specified
provisions of the Act |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of order: | |
| |
Name of authority or person who issued order: | |
| |
Requirements of order (as specified therein): | |
18.18 |
section 209—Reparation order requiring specified action or payment to
make good damage resulting from contravention of the Act |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of order: | |
| |
Name of authority or person who issued order: | |
| |
Requirements of order (as specified therein): | |
18.19 |
section 211—Reparation authorisation authorising specified action to
make good damage resulting from contravention of the Act |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of authorisation: | |
| |
Name of relevant authority that issued authorisation: | |
| |
Person authorised to take action: | |
| |
Requirements of authorisation (as specified therein): | |
18.20 |
section 215—Orders made by ERD Court |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of order: | |
| |
Names of parties: | |
| |
Requirements of order: | |
18.21 |
section 219—Management agreements |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of agreement: | |
| |
Names of parties: | |
| |
Requirements of agreement: | |
18.22 |
section 235—Additional orders on conviction |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of conviction: | |
| |
Name of court by which conviction is recorded: | |
| |
Requirements of additional order(s): | |
19.1 |
Notice, order or demand for payment of land tax |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice, order or demand: | |
| |
Amount payable (as stated in the notice): | |
20. Local Government Act 1934 (repealed) | |||
20.1 |
Notice, order, declaration, charge, claim or demand given or made under the
Act |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice, order etc: | |
| |
Name of council by which, or person by whom, notice, order etc is given or
made: | |
| |
Land subject thereto: | |
| |
Nature of requirements contained in notice, order etc: | |
| |
Time for carrying out requirements: | |
| |
Amount payable (if any): | |
21.1 |
Notice, order, declaration, charge, claim or demand given or made under the
Act |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice, order etc: | |
| |
Name of council by which, or person by whom, notice, order etc is given or
made: | |
| |
Land subject thereto: | |
| |
Nature of requirements contained in notice, order etc: | |
| |
Time for carrying out requirements: | |
| |
Amount payable (if any): | |
22.1 |
section 30—Nuisance or litter abatement notice |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Notice issued by: | |
| |
Nature of requirements contained in notice: | |
| |
Time for carrying out requirements: | |
23.1 |
section 6—Restriction on building work |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Does the restriction apply to all of the land?
| |
24. Mining Act 1971 | |||
24.1 |
Mineral tenement (other than an exploration licence) |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Type of tenement: | |
| |
Terms of tenement: | |
| |
Condition(s) (if any) the tenement is subject to: | |
24.2 |
section 9AA—Notice, agreement or order to waive exemption from
authorised operations |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice, agreement or order: | |
| |
Description of land subject to notice, agreement or order: | |
| |
Names of parties: | |
| |
Period of waiver: | |
| |
Terms (and condition(s), if any) of notice, agreement or order: | |
24.3 |
section 56T(1)—Consent to a change in authorised operations |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of consent: | |
| |
Description of property subject to consent: | |
| |
Name of tenement holder who sought consent: | |
| |
Name of person who gave consent: | |
| |
Terms of consent: | |
24.4 |
section 58(a)—Agreement authorising tenement holder to enter land |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of agreement: | |
| |
Description of property subject to agreement: | |
| |
Names of parties: | |
| |
Terms of agreement: | |
24.5 |
section 58A—Notice of intention to commence authorised operations or
apply for lease or licence |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Description of property subject to notice: | |
| |
Name of person who served notice: | |
| |
Name of person on whom notice was served: | |
| |
Terms of notice: | |
24.6 |
section 61—Agreement or order to pay compensation for authorised
operations |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of agreement or order: | |
| |
Description of property subject to agreement or order: | |
| |
Names of parties: | |
| |
Terms of agreement or order: | |
24.7 |
section 75(1)—Consent relating to extractive minerals |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of consent: | |
| |
Description of property subject to consent: | |
| |
Name of tenement holder who sought consent: | |
| |
Name of person who gave consent: | |
| |
Terms of consent: | |
24.8 |
section 82(1)—Deemed consent or agreement |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of consent or agreement: | |
| |
Description of property subject to consent or agreement: | |
| |
Name of owner of the land/tenement holder deemed to have provided consent or
agreement: | |
| |
Terms of consent or agreement: | |
24.9 |
Proclamation with respect to a private mine |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of proclamation: | |
25.1 |
Part 4 Division 1—Heritage agreement |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of agreement: | |
| |
Description of property subject to agreement: | |
| |
Names of parties: | |
| |
Terms of agreement: | |
25.2 |
section 25C—Conditions of approval regarding achievement of
environmental benefit by accredited third party provider |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of approval: | |
| |
Condition(s) of approval: | |
25.3 |
section 25D—Management agreement |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of agreement: | |
| |
Names of parties: | |
| |
Terms of agreement: | |
25.4 |
Part 5 Division 1—Refusal to grant consent, or condition of a
consent, to clear native vegetation |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of refusal or grant of consent: | |
| |
If consent given, condition(s) (if any) of the consent: | |
26. Natural Resources Management Act 2004 (repealed) | |||
26.1 |
section 97—Notice to pay levy in respect of costs of regional NRM board |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Amount of levy payable: | |
26.2 |
section 123—Notice to prepare an action plan for compliance with general
statutory duty |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Name of authority or person that issued notice: | |
| |
Requirements of notice (as specified therein): | |
26.3 |
section 134—Notice to remove or modify a dam, embankment, wall or other
obstruction or object |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Requirements of notice (as specified therein): | |
26.4 |
section 135—Condition (that remains in force) of a permit |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of permit: | |
| |
Name of relevant authority that granted permit: | |
| |
Condition(s) of permit: | |
26.5 |
section 181—Notice of instruction as to keeping or management of animal
or plant |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Name of authorised officer who issued notice: | |
| |
Requirements of notice (as specified therein): | |
26.6 |
section 183—Notice to prepare an action plan for the destruction or
control of animals or plants |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of authorised officer who issued notice: | |
| |
Requirements of notice (as specified therein): | |
26.7 |
section 185—Notice to pay costs of destruction or control of animals or
plants on road reserve |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of authority that issued notice: | |
| |
Amount payable (as specified in notice): | |
26.8 |
section 187—Notice requiring control or quarantine of animal or plant |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Requirements of notice (as specified therein): | |
26.9 |
section 193—Protection order to secure compliance with specified
provisions of the Act |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of order: | |
| |
Name of authority or person who issued order: | |
| |
Requirements of order (as specified therein): | |
26.10 |
section 195—Reparation order requiring specified action or payment to
make good damage resulting from contravention of the Act |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of order: | |
| |
Name of authority or person who issued order: | |
| |
Requirements of order (as specified therein): | |
26.11 |
section 197—Reparation authorisation authorising specified action to
make good damage resulting from contravention of the Act |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of authorisation: | |
| |
Name of relevant authority that issued authorisation: | |
| |
Person authorised to take action: | |
| |
Requirements of authorisation (as specified therein): | |
27. Outback Communities (Administration and Management) Act 2009 | |||
27.1 |
section 21—Notice of levy or contribution payable |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice: | |
| |
Name of person or body giving notice: | |
| |
Type of levy or contribution: | |
| |
Amount payable (as stated in notice): | |
28.1 |
section 23(1)—Notice of contribution payable |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of person or body giving notice: | |
| |
Terms of notice: | |
| |
Amount payable (as stated in notice): | |
29.1 |
Part 5—Planning and Design Code [Note — Do not omit this item. The item and its heading must be included in the
statement even if not applicable.] |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
|
Title or other brief description of zone, subzone and overlay in which the
land is situated (as shown in the Planning and Design Code): | | |
|
Is there a State heritage place on the land or is the land situated in a State
heritage area? | | |
|
Is the land designated as a local heritage place?
| | |
|
Is 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?
| | |
|
Is 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? | | |
| |
Note— For further information about the Planning and Design Code visit
www.code.plan.sa.gov.au . | |
29.2 |
section 127—Condition (that continues to apply) of a development
authorisation [Note — Do not omit this item. The item and its heading must be included in the
statement even if not applicable.] |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
|
Date of authorisation: | | |
|
Name of relevant authority that granted authorisation: | | |
|
Condition(s) of authorisation: | | |
29.3 |
section 139—Notice of proposed work and notice may require access |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of person giving notice of proposed work: | |
| |
Building work proposed (as stated in the notice): | |
| |
Other building work as required pursuant to the Act: | |
29.4 |
section 140—Notice requesting access |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of person requesting access: | |
| |
Reason for which access is sought (as stated in the notice): | |
| |
Activity or work to be carried out: | |
29.5 |
section 141—Order to remove or perform work |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of order: | |
| |
Terms of order: | |
| |
Building work (if any) required to be carried out: | |
| |
Amount payable (if any): | |
29.6 |
section 142—Notice to complete development |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Requirements of notice: | |
| |
Building work (if any) required to be carried out: | |
| |
Amount payable (if any): | |
29.7 |
section 155—Emergency order |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of order: | |
| |
Name of authorised officer who made order: | |
| |
Name of authority that appointed the authorised officer: | |
| |
Nature of order: | |
| |
Amount payable (if any): | |
29.8 |
section 157—Fire safety notice |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of authority giving notice: | |
| |
Requirements of notice: | |
| |
Building work (if any) required to be carried out: | |
| |
Amount payable (if any): | |
29.9 |
section 192 or 193—Land management agreement |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of agreement: | |
| |
Names of parties: | |
| |
Terms of agreement: | |
29.10 |
section 198(1)—Requirement to vest land in a council or the Crown
to be held as open space |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date requirement given: | |
| |
Name of body giving requirement: | |
| |
Nature of requirement: | |
| |
Contribution payable (if any): | |
29.11 |
section 198(2)—Agreement to vest land in a council or the Crown to
be held as open space |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of agreement: | |
| |
Names of parties: | |
| |
Terms of agreement: | |
| |
Contribution payable (if any): | |
29.12 |
Part 16 Division 1—Proceedings |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of commencement of proceedings: | |
| |
Date of determination or order (if any): | |
| |
Terms of determination or order (if any): | |
29.13 |
section 213—Enforcement notice |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date notice given: | |
| |
Name of designated authority giving notice: | |
| |
Nature of directions contained in notice: | |
| |
Building work (if any) required to be carried out: | |
| |
Amount payable (if any): | |
29.14 |
section 214(6), 214(10) or 222—Enforcement order |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date order made: | |
| |
Name of court that made order: | |
| |
Action number: | |
| |
Names of parties: | |
| |
Terms of order: | |
| |
Building work (if any) required to be carried out: | |
30.1 |
Is this item applicable? |
☐ | |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice or order: | |
| |
Date of Gazette in which notice published (if applicable): | |
| |
Nature of requirement, restriction or prohibition: | |
31. Public and Environmental Health Act 1987 (repealed) | |||
31.1 |
Part 3—Notice |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of council or other authority giving notice: | |
| |
Requirements of notice: | |
31.2 |
Public and Environmental Health (Waste Control) Regulations 2010 (or 1995
) (revoked) Part 2—Condition (that continues to apply) of an
approval |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of approval: | |
| |
Name of relevant authority that granted the approval: | |
| |
Condition(s) of approval: | |
31.3 |
Public and Environmental Health (Waste Control) Regulations 2010
(revoked) regulation 19— Maintenance order (that has not been
complied with) |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of order: | |
| |
Name of relevant authority giving order: | |
| |
Requirements of order: | |
32.1 |
section 66—Direction or requirement to avert spread of disease |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of direction or requirement: | |
| |
Name of authority giving direction or making requirement: | |
| |
Nature of direction or requirement: | |
32.2 |
section 92—Notice |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Name of council or other relevant authority giving notice: | |
| |
Requirements of notice: | |
32.3 |
South Australian Public Health (Wastewater) Regulations 2013
Part 4—Condition (that continues to apply) of an approval |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of approval: | |
| |
Name of person or body that granted the approval: | |
| |
Condition(s) of approval: | |
33. Upper South East Dryland Salinity and Flood Management Act 2002
(expired) | |||
33.1 |
section 23—Notice of contribution payable |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Terms of notice: | |
| |
Amount payable: | |
34.1 |
Notice or order under the Act requiring payment of charges or other amounts or
making other requirement |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
|
Are there attachments? |
[ ] | |
| |
Date of notice or order: | |
| |
Name of person or body who served notice or order: | |
| |
Amount payable (if any) as specified in the notice or order: | |
| |
Nature of other requirement made (if any) as specified in the notice or order:
| |
35. Water Resources Act 1997 (repealed) | |||
35.1 |
section 18—Condition (that remains in force) of a permit |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of permit: | |
| |
Name of relevant authority that granted permit: | |
| |
Condition(s) of permit: | |
35.2 |
section 125 (or a corresponding previous enactment)—Notice to pay levy |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Date of notice: | |
| |
Amount of levy payable: | |
36. Other charges | |||
36.1 |
Charge of any kind affecting the land (not included in another item) |
Is this item applicable? |
☐ |
|
Will this be discharged or satisfied prior to or at settlement? |
[ ] | |
| |
Are there attachments? |
[ ] |
| |
Person or body in whose favour charge exists: | |
| |
Nature of charge: | |
| |
Amount of charge (if known): | |
Schedule — Division 2—Other particulars |
☐ |
| |
Particulars of transactions in last 12 months |
☐ |
If the vendor, within 12 months before the date of the contract of sale—
| ||
(a)
obtained title to the land; or (b)
obtained an option to purchase the land; or (c)
entered into a contract to purchase the land (whether on the vendor's own
behalf or on behalf of another), | | |
the vendor must provide the following particulars of all transactions relating
to the acquisition of the interest that occurred within that 12 month
period: | | |
1 |
The name and address of each party to the transaction and of each person in
whom an interest vested as a result of the transaction: | |
2 |
The date and nature of each instrument registered on the certificate of title
or, if no such instrument has been registered, the date and nature of each
document forming the whole or part of a contract relating to the transaction: | |
3 |
Particulars of the consideration provided for the purposes of the transaction:
| |
The above particulars must be provided for each transaction. | |
Particulars relating to community lot (including strata lot) or development
lot |
☐ |
1 |
Name of community corporation: | |
2 |
Application must be made in writing to the community corporation for the
particulars and documents referred to in 3 and 4. Application must also be
made in writing to the community corporation for the documents referred to in
6 unless those documents are obtained from the Lands Titles Registration
Office. | |
3 |
Particulars supplied by the community corporation or known to the vendor: (a)
particulars of contributions payable in relation to the lot (including details
of arrears of contributions related to the lot): (b)
particulars of assets and liabilities of the community corporation: (c)
particulars of expenditure that the community corporation has incurred, or has
resolved to incur, and to which the owner of the lot must contribute, or is
likely to be required to contribute: (d) if
the lot is a development lot, particulars of the scheme description relating
to the development lot and particulars of the obligations of the owner of the
development lot under the development contract: (e) if
the lot is a community lot, particulars of the lot entitlement of the lot: | |
[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.] | | |
4 |
Documents supplied by the community corporation that are enclosed: (a) a
copy of the minutes of the general meetings of the community corporation and
management committee *for the 2 years preceding this statement/since the
deposit of the community plan; (b) a
copy of the statement of accounts of the community corporation last prepared;
(c) a
copy of current policies of insurance taken out by the community corporation.
| |
|
[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.] | |
5 |
If "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: | |
6 |
The following documents are enclosed: | |
|
(a) a
copy of the scheme description (if any) and the development contract (if any);
(b) a
copy of the by-laws of the community scheme. |
☐ |
7 |
The following additional particulars are known to the vendor or have been
supplied by the community corporation: |
☐ |
8 |
Further inquiries may be made to the secretary of the community corporation or
the appointed community scheme manager. Name: Address: | |
Note— (1) A 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 . (2) Copies 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. (3) All 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. (4) For a brief
description of some of the matters that need to be considered before
purchasing a community lot, see Division 3 of this Schedule. | |
Particulars relating to strata unit |
☐ |
1 |
Name of strata corporation: | |
2 |
Application must be made in writing to the strata corporation for the
particulars and documents referred to in 3 and 4. Application must also be
made in writing to the strata corporation for the articles referred to in 6
unless the articles are obtained from the Lands Titles Registration Office. |
|
3 |
Particulars supplied by the strata corporation or known to the vendor: (a)
particulars of contributions payable in relation to the unit (including
details of arrears of contributions related to the unit): (b)
particulars of the assets and liabilities of the strata corporation: (c)
particulars of expenditure that the strata corporation has incurred, or has
resolved to incur, and to which the unit holder of the unit must contribute,
or is likely to be required to contribute: (d)
particulars of the unit entitlement of the unit: | |
|
[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.] | |
4 |
Documents supplied by the strata corporation that are enclosed: (a) a
copy of the minutes of the general meetings of the strata corporation and
management committee *for the 2 years preceding this statement/since the
deposit of the strata plan; (b) a
copy of the statement of accounts of the strata corporation last prepared;
(c) a
copy of current policies of insurance taken out by the strata corporation.
| |
|
[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.] | |
5 |
If "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: | |
6 |
A copy of the articles of the strata corporation is enclosed. | |
7 |
The following additional particulars are known to the vendor or have been
supplied by the strata corporation: |
☐ |
8 |
Further inquiries may be made to the secretary of the strata corporation or
the appointed strata manager. Name: Address: | |
Note— 1 A 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. 2 Copies of the
articles of the strata corporation may also be obtained from the Lands Titles
Registration Office. 3 All 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. 4 For a brief
description of some of the matters that need to be considered before
purchasing a strata unit, see Division 3 of this Schedule. | |
Particulars of building indemnity insurance |
☐ |
Note— Building indemnity insurance is not required for— (a)
domestic building work for which approval under the Planning, Development and
Infrastructure Act 2016 , the repealed Development Act 1993 or the
repealed Building Act 1971 is or was not required; or (b)
minor domestic building work (see section 3 of the Building Work Contractors
Act 1995 ); or (c)
domestic building work commenced before 1 May 1987; or (d)
building work in respect of which an exemption from the application of
Division 3 of Part 5 of the Building Work Contractors Act 1995 applies under
the Building Work Contractors Regulations 2011 ; or (e)
building work in respect of which an exemption from the application of
Division 3 of Part 5 of the Building Work Contractors Act 1995 has been
granted under section 45 of that Act. | |
Details of building indemnity insurance still in existence for building work
on the land: | |
1 |
Name(s) of person(s) insured: | |
2 |
Name of insurer: | |
3 |
Limitations on the liability of the insurer: | |
4 |
Name of builder: | |
5 |
Builder's licence number: | |
6 |
Date of issue of insurance: | |
7 |
Description of insured building work: | |
Exemption from holding insurance: | |
If particulars of insurance are not given, has an exemption been granted under
section 45 of the Building Work Contractors Act 1995 from the requirement
to hold an insurance policy in accordance with Division 3 of Part 5
of that Act? (a) Date
of the exemption: (b) Name
of builder granted the exemption: (c)
Licence number of builder granted the exemption: (d)
Details of building work to which the exemption applies: (e)
Details of conditions (if any) to which the exemption is subject: | |
Particulars relating to asbestos at workplaces |
☐ |
1 |
In these particulars— asbestos and asbestos containing material have the same meaning as in the
Work Health and Safety Regulations 2012 ; workplace has the same meaning as in the Work Health and Safety Act 2012
. | |
2 |
Is there a workplace on the land? | |
3 |
If YES, is there an asbestos register for the workplace?
| |
4 |
If 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? | |
5 |
If YES— (a) give
details of the location, type and condition of the asbestos or asbestos
containing material: (b) has
a plan been prepared for the management of asbestos at the workplace?
(c) is
any asbestos or asbestos containing material to be removed before settlement?
| |
Note— 1. A register is not
required to be prepared for a workplace— (a) if a
register has already been prepared for the workplace; or (b)
if— (i)
the workplace is a building that was constructed after
31 December 2003; and (ii)
no asbestos has been identified at the workplace; and (iii)
no asbestos is likely to be present at the workplace from
time to time. See regulation 425 of the Work Health and Safety Regulations 2012 . 2. A 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. See regulation 428 of the Work Health and Safety Regulations 2012 . |
Particulars relating to aluminium composite panels |
☐ |
Has the vendor been notified that a building on the land has been identified,
as part of a South Australian Building Cladding Audit initiated in 2017 and
conducted by the former Department of Planning, Transport and Infrastructure
in conjunction with the Metropolitan Fire Service, Country Fire Service and
councils— (a) as
having aluminium composite panels installed on the exterior of the building;
and (b) as
constituting a moderate, high or extreme risk as a result of that
installation; and (c) as
requiring remediation to reduce the risk to an acceptable level; and (d) as
not having had the necessary remedial work performed or a determination made
by the appropriate authority of the relevant council (within the meaning of
section 157 of the Planning, Development and Infrastructure Act 2016 )
that no further action is required? | |
[ ] | |
If YES, give details of the following: | |
1 the actions required
to remediate the risk (if known): 2 the estimated costs
of remediation (if known): | |
Particulars relating to court or tribunal process |
☐ |
If process has issued out of any court or tribunal in relation to a
claim— (a) that
is stated to affect the land or the value of which is $5 000 or more; and
(b) that
presently affects (or may prospectively affect) title to, or the possession or
enjoyment of, the land, the vendor must provide the following particulars: | |
1 Name of court or
tribunal: 2 Names of parties: 3 Nature of claim: 4 Amount of claim (if
applicable): 5 Amount of judgment
(if applicable): 6 Name of judgment
creditor (if applicable): | |
Particulars relating to land irrigated or drained under Irrigation Acts |
☐ |
1—Land irrigated or drained under Irrigation Act 2009 If 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 — (a) has
the trust given notice under section 40 of that Act in respect of the land?
(i)
the date on which notice was given: (ii)
the requirements of the notice: (iii)
the amount (if any) payable under section 40(7) of
the Act: (b) has
the trust given notice under section 50 of that Act?
(i)
the date on which notice was given: (ii)
the amount payable (including interest, if any): |
☐ |
2—Land irrigated or drained under Renmark Irrigation Trust
Act 2009 If 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 — (a) has
the Trust given notice under section 41 of that Act in respect of the land?
(i)
the date on which notice was given: (ii)
the requirements of the notice: (iii)
the amount (if any) payable under section 41(7) of
the Act: (b) has
the Trust given notice under section 52 of that Act in respect of the land?
(i)
the date on which notice was given: (ii)
the amount payable (including interest, if any): |
☐ |
☐ | |
1—Interpretation | |
(1) In this and the
following items (items 1 to 7 inclusive)— domestic activity has the same meaning as in the
Environment Protection Act 1993 ; environmental assessment , in relation to land, means an assessment of the
existence or nature or extent of— (a) site
contamination (within the meaning of the Environment Protection Act 1993
) at the land; or (b) any
other contamination of the land by chemical substances, and includes such an assessment in relation to water on or below the surface
of the land; EPA means the Environment Protection Authority established under the
Environment Protection Act 1993 ; pre-1 July 2009 site audit , in relation to land, means a review (carried out
by a person recognised by the EPA as an environmental auditor) that examines
environmental assessments or remediation of the land for the purposes of
determining— (a) the
nature and extent of contamination of the land by chemical substances present
or remaining on or below the surface of the land; and (b) the
suitability of the land for a particular use; and (c) what
remediation is or remains necessary for a particular use, but does not include a site contamination audit (as defined below) completed
on or after 1 July 2009; pre-1 July 2009 site audit report means a detailed written report that sets
out the findings of a pre-1 July 2009 site audit; prescribed commercial or industrial activity —see item 1(2); prescribed fee means the fee prescribed under the
Environment Protection Act 1993 for inspection of, or obtaining copies of
information on, the public register; public register means the public register kept by the EPA under section 109 of
the Environment Protection Act 1993 ; site contamination audit has the same meaning as in the
Environment Protection Act 1993 ; site contamination audit report has the same meaning as in the
Environment Protection Act 1993 . (2) For the purposes
of this and the following items (items 1 to 7 inclusive), each of the
following activities (as defined in Schedule 3 clause 2 of the Environment
Protection Regulations 2009 ) is a prescribed commercial or industrial
activity: | |
abrasive blasting |
acid sulphate soil generation |
agricultural activities |
airports, aerodromes or aerospace industry |
animal burial |
animal dips or spray race facilities |
animal feedlots |
animal saleyards |
asbestos disposal |
asphalt or bitumen works |
battery manufacture, recycling or disposal |
breweries |
brickworks |
bulk shipping facilities |
cement works |
ceramic works |
charcoal manufacture |
coal handling or storage |
coke works |
compost or mulch production or storage |
concrete batching works |
curing or drying works |
defence works |
desalination plants |
dredge spoil disposal or storage |
drum reconditioning or recycling works |
dry cleaning |
electrical or electronics component manufacture |
electrical substations |
electrical transformer or capacitor works |
electricity generation or power plants |
explosives or pyrotechnics facilities |
fertiliser manufacture |
fibreglass manufacture |
fill or soil importation |
fire extinguisher or retardant manufacture |
fire stations |
fire training areas |
foundry |
fuel burning facilities |
furniture restoration |
gasworks |
glass works |
glazing |
hat manufacture or felt processing |
incineration |
iron or steel works |
laboratories |
landfill sites |
lime burner |
metal coating, finishing or spray painting |
metal forging |
metal processing, smelting, refining or metallurgical works |
mineral processing, metallurgical laboratories or mining or extractive
industries |
mirror manufacture |
motor vehicle manufacture |
motor vehicle racing or testing venues |
motor vehicle repair or maintenance |
motor vehicle wrecking yards |
mushroom farming |
oil recycling works |
oil refineries |
paint manufacture |
pest control works |
plastics manufacture works |
printing works |
pulp or paper works |
railway operations |
rubber manufacture or processing |
scrap metal recovery |
service stations |
ship breaking |
spray painting |
tannery, fellmongery or hide curing |
textile operations |
transport depots or loading sites |
tyre manufacture or retreading |
vermiculture |
vessel construction, repair or maintenance |
waste depots |
wastewater storage, treatment or disposal |
water discharge to underground aquifer |
wetlands or detention basins |
wineries or distilleries |
wood preservation works |
woolscouring or wool carbonising works |
works depots (operated by councils or utilities) |
2—Pollution and site contamination on the land—questions for
vendor | |
(1) Is the vendor
aware of any of the following activities ever having taken place at the land: (a)
storage, handling or disposal of waste or fuel or other chemicals (other than
in the ordinary course of domestic activities)? (b)
importation of soil or other fill from a site at which— (i)
an activity of a kind listed in paragraph (a) has taken
place; or (ii)
a prescribed commercial or industrial activity (see item
1(2) above) has taken place? [ ] (2) Is the vendor
aware of any prescribed commercial or industrial activities (see item 1(2)
above) ever having taken place at the land? (3) Is the vendor
aware of any dangerous substances ever having been kept at the land pursuant
to a licence under the Dangerous Substances Act 1979 ?
(4) Is the vendor
aware of the sale or transfer of the land or part of the land ever having
occurred subject to an agreement for the exclusion or limitation of liability
for site contamination to which section 103E of the
Environment Protection Act 1993 applies?
(5) Is the vendor
aware of an environmental assessment of the land or part of the land ever
having been carried out or commenced (whether or not completed)?
| |
Note— These questions relate to details about the land that may be known by the
vendor. A "YES" answer to the questions at items 2(1) or 2(2) may indicate
that a potentially contaminating activity has taken place at the land (see
sections 103C and 103H of the Environment Protection Act 1993 ) and that
assessments or remediation of the land may be required at some future time. A "YES" answer to any of the questions in this item may indicate the need for
the purchaser to seek further information regarding the activities, for
example, from the council or the EPA. | |
3—Licences and exemptions recorded by EPA in public register | |
Does the EPA hold any of the following details in the public register: | | |
|
(a)
details of a current licence issued under Part 6 of the Environment
Protection Act 1993 to conduct any prescribed activity of environmental
significance under Schedule 1 of that Act at the land?
(b)
details 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?
(c)
details of a current exemption issued under Part 6 of the
Environment Protection Act 1993 from the application of a specified
provision of that Act in relation to an activity carried on at the land?
(d)
details of an exemption no longer in force issued under Part 6 of the
Environment Protection Act 1993 from the application of a specified
provision of that Act in relation to an activity carried on at the land?
(e)
details of a licence issued under the repealed South Australian Waste
Management Commission Act 1979 to operate a waste depot at the land?
(f)
details of a licence issued under the repealed Waste Management Act 1987
to operate a waste depot at the land? (g)
details of a licence issued under the repealed South Australian Waste
Management Commission Act 1979 to produce waste of a prescribed kind
(within the meaning of that Act) at the land? (h)
details of a licence issued under the repealed Waste Management Act 1987
to produce prescribed waste (within the meaning of that Act) at the land?
| |
Note— These questions relate to details about licences and exemptions required to be
recorded by the EPA in the public register. If the EPA answers "YES" to any of
the questions— • in the case of
a licence or exemption under the Environment Protection Act 1993 —
— the purchaser
may obtain a copy of the licence or exemption from the public register on
payment of the prescribed fee; and — the purchaser
should note that transfer of a licence or exemption is subject to the
conditions of the licence or exemption and the approval of the EPA (see
section 49 of the Environment Protection Act 1993 ); and • in the case of
a licence under a repealed Act—the purchaser may obtain details about
the licence from the public register on payment of the prescribed fee. A "YES" answer to any of these questions may indicate that a potentially
contaminating activity has taken place at the land (see sections 103C and 103H
of the Environment Protection Act 1993 ) and that assessments or
remediation of the land may be required at some future time. The EPA will not provide details about licences to conduct the following
prescribed activities of environmental significance (within the meaning of
Schedule 1 Part A of the Environment Protection Act 1993 ): waste
transport business (category A), waste transport business (category B),
dredging, earthworks drainage, any other activities referred to in Schedule 1
Part A undertaken by means of mobile works, helicopter landing facilities,
marinas and boating facilities or discharges to marine or inland waters. The EPA will not provide details about exemptions relating to— • the conduct of
any of the licensed activities in the immediately preceding paragraph in this
note; or • noise. | |
4—Pollution and site contamination on the land—details recorded by
EPA in public register | |
Does the EPA hold any of the following details in the public register in
relation to the land or part of the land: | | |
|
(a)
details of serious or material environmental harm caused or threatened in the
course of an activity (whether or not notified under section 83 of the
Environment Protection Act 1993 )? (b)
details of site contamination notified to the EPA under section 83A of the
Environment Protection Act 1993 ? (c) a
copy of a report of an environmental assessment (whether prepared by the EPA
or some other person or body and whether or not required under legislation)
that forms part of the information required to be recorded in the public
register? (d) a
copy of a site contamination audit report? (e)
details of an agreement for the exclusion or limitation of liability for site
contamination to which section 103E of the Environment Protection
Act 1993 applies? (f)
details of an agreement entered into with the EPA relating to an approved
voluntary site contamination assessment proposal under section 103I of the
Environment Protection Act 1993 ? (g)
details of an agreement entered into with the EPA relating to an approved
voluntary site remediation proposal under section 103K of the
Environment Protection Act 1993 ? (h)
details of a notification under section 103Z(1) of the Environment Protection
Act 1993 relating to the commencement of a site contamination audit?
(i)
details of a notification under section 103Z(2) of the
Environment Protection Act 1993 relating to the termination before
completion of a site contamination audit? (j)
details of records, held by the former South Australian Waste Management
Commission under the repealed Waste Management Act 1987 , of waste
(within the meaning of that Act) having been deposited on the land between
1 January 1983 and 30 April 1995?
| |
Note— These questions relate to details required to be recorded by the EPA in the
public register. If the EPA answers "YES" to any of the questions, the
purchaser may obtain those details from the public register on payment of the
prescribed fee. | |
5—Pollution and site contamination on the land—other details held
by EPA | |
Does the EPA hold any of the following details in relation to the land or part
of the land: | | |
|
(a) a
copy of a report known as a "Health Commission Report" prepared by or on
behalf of the South Australian Health Commission (under the repealed
South Australian Health Commission Act 1976 )?
(b)
details (which may include a report of an environmental assessment) relevant
to an agreement entered into with the EPA relating to an approved voluntary
site contamination assessment proposal under section 103I of the
Environment Protection Act 1993 ? (c)
details (which may include a report of an environmental assessment) relevant
to an agreement entered into with the EPA relating to an approved voluntary
site remediation proposal under section 103K of the Environment Protection
Act 1993 ? (d) a
copy of a pre-1 July 2009 site audit report? (e)
details relating to the termination before completion of a pre-1 July 2009
site audit? | |
Note— These questions relate to details that the EPA may hold. If the EPA answers
"YES" to any of the questions, the purchaser may obtain those details from the
EPA (on payment of any fee fixed by the EPA). | |
6—Further information held by councils | |
Does the council hold details of any development approvals relating to— (a)
commercial or industrial activity at the land; or (b) a
change in the use of the land or part of the land (within the meaning of the
repealed Development Act 1993 or the Planning, Development and
Infrastructure Act 2016 )? [ ] | |
Note— The question relates to information that the council for the area in which the
land is situated may hold. If the council answers "YES" to the question, it
will provide a description of the nature of each development approved in
respect of the land. The purchaser may then obtain further details from the
council (on payment of any fee fixed by the council). However, it is expected
that the ability to supply further details will vary considerably between
councils. | |
A "YES" answer to paragraph (a) of the question may indicate that a
potentially contaminating activity has taken place at the land (see
sections 103C and 103H of the Environment Protection Act 1993 ) and that
assessments or remediation of the land may be required at some future time. |
|
It should be noted that— • the approval
of development by a council does not necessarily mean that the development has
taken place; • the council
will not necessarily be able to provide a complete history of all such
development that has taken place at the land. | |
7—Further information for purchasers | |
Note— The purchaser is advised that other matters under the Environment Protection
Act 1993 (that is, matters other than those referred to in this
Statement) that may be relevant to the purchaser's further enquiries may also
be recorded in the public register. These include: • details
relating to environmental authorisations such as applications, applicants,
locations of activities, conditions, suspension, cancellation or surrender of
authorisations, disqualifications, testing requirements and test results; • details
relating to activities undertaken on the land under licences or other
environmental authorisations no longer in force; • written
warnings relating to alleged contraventions of the
Environment Protection Act 1993 ; • details of
prosecutions and other enforcement action; • details of
civil proceedings; • other details
prescribed under the Environment Protection Act 1993 (see section
109(3)(l)). | |
Details of these matters may be obtained from the public register on payment
to the EPA of the prescribed fee. If— • an environment
performance agreement, environment protection order, clean-up order, clean-up
authorisation, site contamination assessment order or site remediation order
has been registered on the certificate of title for the land; or • a notice of
declaration of special management area in relation to the land has been
gazetted; or • a notation has
been made on the certificate of title for the land that a site contamination
audit report has been prepared in respect of the land; or • a notice of
prohibition or restriction on taking water affected by site contamination in
relation to the land has been gazetted, it will be noted in the items under the heading Environment Protection
Act 1993 under the Table of Particulars in this Statement. Details of any
registered documents may be obtained from the Lands Titles Registration
Office. | |
Particulars relating to Livestock Act 1997 |
☐ |
1 |
Has any notice under section 33 or 37 of the Livestock Act 1997 been made that
affects, presently or prospectively, enjoyment of the land?
Date of notice: Terms of notice: | |
2 |
Has 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? Date of order or notice: Terms of order or notice: | |
Schedule — Division 3—Community lots and strata units |
☐ |
Matters to be considered in purchasing a community lot or strata unit The 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: Governance You 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. If 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. Use of your property You, 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. Depending 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. Note 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. Are you buying a debt? If 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. Expenses The 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. The 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. Guarantee As 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. Contracts The 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 . The 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. Buying off the plan If 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. Mixed use developments—voting rights You 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 one 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. Further information The Real Estate Institute of South Australia provides an information service
for enquiries about real estate transactions, see www.reisa.com.au. The Australian Institute of Conveyancers (SA Division) (AICSA) provides
information and operates a Public Advisory Service with respect to
conveyancers and the conveyancing process, see www.aicsa.com.au. Information and a booklet about strata and community titles is available from
the Legal Services Commission of South Australia at www.lsc.sa.gov.au. You can also seek advice from a legal practitioner. |
Form 2—Vendor's statement (section 8)
Land and Business (Sale and Conveyancing) Act 1994
Contents
Preliminary
Part A—Parties and business
Part B—Purchaser's
cooling-off rights and proceeding with the purchase
Part C—Statement
with respect to required particulars
Part D—Certificate of qualified
accountant with respect to trading statement
†Part E—Certificate
with respect to prescribed inquiries by registered agent
Schedule 1
†Schedule 2
Preliminary
To the purchaser:
The 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.
If you intend to carry out building work on the land, change the use of the
land or divide the land, you should make further inquiries to determine
whether this will be permitted. For example, building work may not be
permitted on land not connected to a sewerage system or common drainage scheme
if the land is near a watercourse, dam, bore or the River Murray and Lakes.
The Aboriginal Heritage Act 1988 protects any Aboriginal site or object
on the land. Details of any such site or object may be sought from the
"traditional owners" as defined in that Act.
If you desire additional information, it is up to you to make further
inquiries as appropriate.
Instructions to the vendor for completing this statement:
† means strike out or omit the Part, Schedule, Division, Particulars or
item if not applicable.
* means strike out or omit the option that is not
applicable.
If there is insufficient space to provide any particulars required, continue
on attachments.
The 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.
Part A—Parties and business
1 Purchaser:
Address:
†2 Purchaser's registered agent:
Address:
3 Vendor:
Address:
†4 Vendor's registered agent:
Address:
5 Date of contract (if made before this statement
is served):
6 Description of business:
Address where business
carried on:
†7 Description of the land:
[Identify the
land including any certificate of title reference]
Part B—Purchaser's cooling-off rights and proceeding with the purchase
To the purchaser:
Right to cool-off
1—Right to cool-off and restrictions on that right
You may notify the vendor of your intention not to be bound by the contract
for the sale of the business UNLESS—
(a) this
form has been served on you not less than 5 clear business days before
the making of the contract; or
(b) you
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
(c) you
purchased by auction; or
(d) you
purchased on the same day as you, or some person on your behalf, bid at the
auction of the business; or
(e) the
sale is by tender and the contract is made not less than 5 clear business
days after the day fixed for the closing of tenders and not less than 5 clear
business days after service of this form; or
(f) the
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
(g) the
business is not a small business.
2—Time for service
The cooling-off notice must be served—
(a)
before the end of the fifth clear business day after the day on which this
form is served on you; or
(b)
before settlement takes place,
whichever is the earlier.
3—Form of cooling-off notice
The cooling-off notice must be in writing and must be signed by you.
4—Methods of service
The cooling-off notice must be—
(a)
given to the vendor personally; or
(b)
posted by registered post to the vendor at the following address:
(being the
vendor's last known address); or
(c)
transmitted by fax or email to the following fax number or email address:
(being a number
or address provided to you by the vendor for the purpose of service of the
notice); or
(d) left
for the vendor's agent (with a person apparently responsible to the agent) at,
or posted by registered post to the agent at, the following address:
(being
*the agent's address for service under the Land Agents Act 1994 /an
address nominated by the agent to you for the purpose of service of the
notice).
Note—
Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994
places the onus of proving the giving of the cooling-off notice on the
purchaser . It is therefore strongly recommended that—
(a) if
you intend to serve the notice by leaving it for the vendor's agent at the
agent's address for service or an address nominated by the agent, you obtain
an acknowledgment of service of the notice in writing; or
(b) if
you intend to serve the notice by fax or email, you obtain a record of the
transmission of the fax or email.
5—Effect of service
If you serve such a cooling-off notice on the vendor, the contract will be
taken to have been rescinded at the time when the notice was served. You are
then entitled to the return of any money you paid under the contract other
than—
(a) the
amount of any deposit paid if the deposit did not exceed $100; or
(b) an
amount paid for an option to purchase the business.
Proceeding with the purchase
If you wish to proceed with the purchase—
(a) it
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
(b) pay
particular attention to the provisions in the contract as to time of
settlement—it is essential that the necessary arrangements are made to
complete the purchase by the agreed date—if you do not do so, you may be
in breach of the contract; and
(c) you
are entitled to retain the solicitor or registered conveyancer of your choice.
Part C—Statement with respect to required particulars
To the purchaser:
*I/We,
of
being the *vendor(s)/person authorised to act on behalf of the
vendor(s) in relation to the transaction state—
(a) that
the particulars set out in Schedule 1—
(i)
are correct; and
(ii)
are 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
†(b) that 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.
Date:
Signed:
Part D—Certificate of qualified accountant with respect to trading
statement
To the purchaser:
I,
†for [name of business that the accountant represents]
of
being a
member of [professional accounting body]
and a qualified accountant,
certify—
(a) that
*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
†(b) that—
(i)
in my opinion, the trading statement fairly and
accurately represents the financial operations of the business; and
(ii)
I am not aware of any circumstances that would render any
particulars included in the trading statement inaccurate or misleading.
OR
†(c) that—
†(i) in my
opinion, the trading statement fairly and accurately represents the financial
operations of the business, subject to the following qualifications:
[Insert
qualifications] ; and
OR
†(ii) in my
opinion, the trading statement may not fairly and accurately represent the
financial operations of the business because:
[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
(iii)
I am not aware of any other circumstances that would
render any particulars included in the trading statement inaccurate or
misleading.
Date:
Signed:
Note—
This certificate must be signed by the accountant personally and cannot be
signed by the vendor even if they are a qualified accountant.
†Part E—Certificate with respect to prescribed inquiries by
registered agent
To the purchaser:
I,
certify *that the responses/that, subject to the exceptions stated below,
the responses to the inquiries made pursuant to section 9 of the Land and
Business (Sale and Conveyancing) Act 1994 confirm the completeness and
accuracy of the particulars set out in Schedule 2.
Exceptions:
Date:
Signed:
*Vendor's/Purchaser's agent
*Person authorised to act on behalf of
*Vendor's/Purchaser's agent
Schedule 1—Division 1—Prescribed particulars relating to business
Note—
Financial 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.
If 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.
If 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.
1—Summary
Name of vendor:
Location of business:
Date vendor commenced in the business:
Financial Year or Period |
Average Weekly Sales |
Gross Income Per Annum/Week |
Overhead Costs Per Annum/Week |
Net Profit Per Annum/Week |
Normal Daily Trading Hours |
---|---|---|---|---|---|
Commencing on: Ending on: | | | | |
S |
Commencing on: Ending on: | | | | |
S |
Commencing on: Ending on: | | | | |
S |
2—Plant and equipment
Depreciated value of plant and equipment as at the end of the last financial
year: $
Note—
A depreciation Schedule must be attached.
3—Trading statement for last 3 financial years
Period |
Period |
Period | |
---|---|---|---|
Gross takings (sales) cost of goods sold opening stock plus purchases less closing stock | | | |
Profit from sales |
$ |
$ |
$ |
Profit from sales as a percentage of gross takings |
% |
% |
% |
Add other income received: fees commissions other [specify] | | | |
GROSS INCOME |
$ |
$ |
$ |
Less : Advertising Accounting fees Bad debts ADI charges (excluding interest) Cleaning and laundry Depreciation Directors' fees Equipment hire Insurance Leasing or rental purchase of: •
equipment/plant • motor vehicles
Licences, trade subscriptions Light and power Motor vehicles expenses Rates and taxes Rent Repairs and maintenance Stamps (for resale) Stationery and postage Superannuation employer contributions: •
award/productivity superannuation • Commonwealth
superannuation guarantee charge/levy • employer
superannuation scheme Telephone Training expenses (other than by way of wages or salary paid to employee) Wages and salaries Return to Work SA premium Wrappings Sundries Other expenses [specify] | | | |
Trading Profit |
$ |
$ |
$ |
Add : Personal expenses of owner (ie drawings) where included above Goods taken for own use Private expenses/cash (Proprietor's) wages | | | |
NET PROFIT |
$ |
$ |
$ |
Net profit before income tax as a percentage of gross income |
% |
% |
% |
Schedule 1—Division 2—Further prescribed particulars relating to
business
1 (1) The vendor has
carried on the business for a period
of *years/months
commencing on:
(2) The vendor has
carried on the business at the present location
for
*years/months.
(3) The name of the
registered proprietor of the fee simple of the location at which the business
is presently carried on is:
†The name of the person who granted to the vendor the lease or licence
to occupy that location is:
Note—
If 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.
2 (1) The vendor's
*lease/tenancy agreement/licence is *verbal/in writing but not registered on
the certificate of title/registered on the certificate of title.
(2) The particulars of
the vendor's *lease/tenancy agreement/licence are as follows:
(a) date
of current *lease/tenancy agreement/licence:
(b) term
of current *lease/tenancy agreement/licence:
(c) date
of expiry of current *lease/tenancy agreement/licence:
(d)
rates and taxes payable by *landlord/licensor:
(e)
rates and taxes payable by *tenant/licensee:
(f)
right of renewal for the following period:
(g)
present rent:
$ per
(h) due
date for next adjustment of rent:
(i)
rent adjustment provisions for the term of the
*lease/tenancy agreement/licence:
(3) Have 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
If YES, give details:
(4) Is 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
If YES, give details:
3 (1) The 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:
Description of goods |
Nature of interest and date of grant or creation |
Name and address of person entitled to that interest |
(2) The 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:
4 Has 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
If YES, specify—
Date order given:
Name of authority or person giving the order:
Requirements of the order:
5 (1) Is there a
workplace within the meaning of the Work Health and Safety Act 2012 used
in the business? *YES/NO
(2) If YES, is there
an asbestos register for the workplace?
*YES/NO
(3) If 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
(4) If YES—
(a) give
details of the location, type and condition of the asbestos or asbestos
containing material:
(b) has
a plan been prepared for the management of asbestos at the workplace? *YES/NO
If YES, give details:
(c) is
any asbestos or asbestos containing material to be removed before settlement?
*YES/NO
If YES, give details:
(5) In this
clause—
asbestos and asbestos containing material have the same meaning as in the
Work Health and Safety Regulations 2012 .
Note—
1 A register is not required to be prepared for a
workplace—
(a) if a
register has already been prepared for the workplace; or
(b)
if—
(i)
the workplace is a building that was constructed after
31 December 2003; and
(ii)
no asbestos has been identified at the workplace; and
(iii)
no asbestos is likely to be present at the workplace from
time to time.
See regulation 425 of the Work Health and Safety Regulations 2012 .
2 A 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.
See regulation 428 of the
Work Health and Safety Regulations 2012 .
6 During 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—
(a) the
business *was/was not satisfactorily maintained
(b) no
circumstances adversely affecting the business arose except the following:
(c) the
average weekly sales have been: $
(d) the
daily hours of trading have been:
7 During 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—
(a) the
gross profit of the business in dollar terms? *YES/NO
(b) the
gross profit of the business in percentage terms?
*YES/NO
If the answer to either question is YES, give full particulars:
†8 (1) The
asking price of the business (excluding stock and freehold interest in land
(if any) being sold) is:
(2) The estimated
value of stock to be acquired with the business is:
(3) The asking price
for the business (including estimated value of stock but excluding price for
land sold) is:
(† Strike out or omit this item if the sale is by auction)
9 (1) Does the
business operate as a *company/sole trader/partnership/association, charitable
or other organisation?
(2) Does the vendor
work in the business? *YES/NO
(3) Does any other
person work in the business? *YES/NO
(4) If the business
operates as a partnership , are all of the other persons who work in the
business partners in the business?
*YES/NO
(5) Has the vendor
ever been registered with Return to Work Corporation or WorkCover Corporation
as an employer? *YES/NO
If YES, is the vendor currently so registered? *YES/NO
Note—
To the purchaser:
You must register with Return to Work Corporation 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.
You 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.
10 The 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:
1 Position / functions (if any) |
Relationship to vendor |
Days per week |
Hours per .... |
Rate of pay |
| | | |
$ per
|
1 If a person works in the business more than 20 hours per week, also provide
the employee's name in the first column. |
Where the days or hours worked, or the rate of pay, or both, cannot be
described as required above, provide alternative details:
11 Is there any current entitlement in excess of 3
working days in respect of any employee to—
(a) Long
service leave *YES/NO
(b)
Annual recreation leave *YES/NO
(c) Sick
leave *YES/NO
(d)
Other leave *YES/NO
If YES, specify type of leave:
12 The vendor's income tax return was lodged
by—
Name:
Address:
Occupation:
The year of the last return being:
†Schedule 2—Division 1—Particulars of mortgages, charges and
prescribed encumbrances affecting the land
Note—
Section 7(3) of the Act provides that this statement need not include
reference to charges arising from the imposition of rates or taxes less than
12 months before the date of service of the statement.
All the particulars required by column 3 of the table below in relation to a
mortgage, charge or prescribed encumbrance referred to in column 1 must be set
out in column 3 unless—
(a) a
copy of a document is attached to this statement and—
(i)
all the required particulars are contained in that
document; and
(ii)
those parts of the document that contain the required
particulars are identified in column 3; or
(b) the
mortgage, charge or prescribed encumbrance—
(i)
is one of the following items in the table:
(A) under the heading "General"—
• Mortgage of
land
• Lease,
agreement for lease, tenancy agreement or licence;
(B) under the heading "Other"—
• Caveat
• Lien or notice
of a lien
• Charge of any
kind affecting the land (not included in another item); and
(ii)
is registered on the certificate of title to the land;
and
(iii)
is to be discharged or satisfied prior to or at
settlement.
Table of particulars
Column 1 |
Column 2 |
Column 3 |
---|---|---|
Part 1—Items that must be included in statement | ||
[If an item is not applicable strike it out or write "NOT APPLICABLE" or "N/A"
in column 1.] | ||
General | ||
Mortgage of land |
*YES/NO |
Number of mortgage (if registered): |
Easement Note— "Easement" includes rights of way and party wall rights. |
*YES/NO |
Description of land subject to easement: Nature of easement: Are you aware of any encroachment on the easement? *YES/NO If there is an encroachment, has approval for the encroachment been given?
*YES/NO [attach additional page(s) if more than 1 easement] |
Restrictive covenant |
*YES/NO |
Nature of restrictive covenant: Name of person in whose favour restrictive covenant operates: Does the restrictive covenant affect the whole of the land being acquired?
*YES/NO Does the restrictive covenant affect land other than that being acquired?
*YES/NO |
Lease, agreement for lease, tenancy agreement or licence (The information does not include information about any sublease or
subtenancy. That information may be sought by the purchaser from the lessee or
tenant or sublessee or subtenant.) |
*YES/NO |
Names of parties: Period of lease, agreement for lease etc: Amount of rent or licence fee:
$ per (period)
Is the lease, agreement for lease etc in writing? *YES/NO If the lease or licence was granted under an Act relating to the disposal of
Crown lands, specify— (a) the
Act under which the lease or licence was granted: (b) the
outstanding amounts due (including any interest or penalty): |
Development Act 1993 (repealed) | ||
section 42—Condition (that continues to apply) of a development
authorisation |
*YES/NO |
Condition(s) of authorisation: |
Repealed Act conditions | ||
Condition (that continues to apply) of an approval or authorisation granted
under the Building Act 1971 (repealed), the City of Adelaide Development
Control Act 1976 (repealed), the Planning Act 1982 (repealed) or the
Planning and Development Act 1966 (repealed) |
*YES/NO |
Nature of condition(s): |
Part 5—Planning and Design Code |
*YES/NO |
Title or other brief description of zone, subzone and overlay in which the
land is situated (as shown in the Planning and Design Code): Is there a State heritage place on the land or is the land situated in a State
heritage area? *YES/NO Is the land designated as a local heritage place? *YES/NO Is 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 Is 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 Note— For further information about the Planning and Design Code visit
www.code.plan.sa.gov.au . |
section 127—Condition (that continues to apply) of a development
authorisation |
*YES/NO |
Date of authorisation: Name of relevant authority that granted authorisation: Condition(s) of authorisation: |
Part 2—Items to be included if land affected | ||
[If an item is not applicable, strike it out or write "NOT APPLICABLE" or
"N/A" in column 1, or else omit the items and headings that are not
applicable.] | ||
section 9—Registration in central archives of an Aboriginal site or
object |
*YES/NO |
Particulars of register entry: |
section 24—Directions prohibiting or restricting access to, or
activities on, a site or an area surrounding a site |
*YES/NO |
Date of notice: Site or area to which notice relates: Directions (as stated in notice): |
Part 3 Division 6—Aboriginal heritage agreement |
*YES/NO |
Date of agreement: Description of property subject to agreement: Names of parties: Terms of agreement: |
section 8—Human remains interred on land |
*YES/NO |
Have human remains been interred on the land that will not be exhumed prior to
settlement? *YES/NO GPS coordinates of the remains: |
section 5—Notice requiring payment |
*YES/NO |
Date of notice: Land in respect of which Crown rates and taxes are owing: Amount owing (as stated in the notice): |
Development Act 1993 (repealed) | ||
section 50(1)—Requirement to vest land in a council or the Crown to be
held as open space |
*YES/NO |
Date requirement given: Name of body giving requirement: Nature of requirement: Contribution payable (if any): |
section 50(2)—Agreement to vest land in a council or the Crown to be
held as open space |
*YES/NO |
Date of agreement: Names of parties: Terms of agreement: Contribution payable (if any): |
section 55—Order to remove or perform work |
*YES/NO |
Date of order: Terms of order: Building work (if any) required to be carried out: Amount payable (if any): |
section 56—Notice to complete development |
*YES/NO |
Date of notice: Requirements of notice: Building work (if any) required to be carried out: Amount payable (if any): |
section 57—Land management agreement |
*YES/NO |
Date of agreement: Names of parties: Terms of agreement: |
section 60—Notice of intention by building owner |
*YES/NO |
Date of notice: Building work proposed (as stated in the notice): Other building work as required pursuant to the Act: |
section 69—Emergency order |
*YES/NO |
Date of order: Name of authorised officer who made order: Name of authority that appointed the authorised officer: Nature of order: Amount payable (if any): |
section 71—Fire safety notice |
*YES/NO |
Date of notice: Name of authority giving notice: Requirements of notice: Building work (if any) required to be carried out: Amount payable (if any): |
section 84—Enforcement notice |
*YES/NO |
Date notice given: Name of relevant authority giving notice: Nature of directions contained in notice: Building work (if any) required to be carried out: Amount payable (if any): |
section 85(6), 85(10) or 106—Enforcement order |
*YES/NO |
Date order made: Name of court that made order: Action number: Names of parties: Terms of order: Building work (if any) required to be carried out: |
Part 11 Division 2—Proceedings |
*YES/NO |
Date of commencement of proceedings: Date of determination or order (if any): Terms of determination or order (if any): |
section 16—Notice to pay levy |
*YES/NO |
Date of notice: Amount of levy payable: |
section 59—Environment performance agreement that is registered in
relation to the land |
*YES/NO |
Date of agreement: |
section 93—Environment protection order that is registered in relation
to the land |
*YES/NO |
Date of issue: Compliance date(s) specified in the order: |
section 93A—Environment protection order relating to cessation of
activity that is registered in relation to the land |
*YES/NO |
Date of issue: Compliance date(s) specified in the order: |
section 99—Clean-up order that is registered in relation to the land |
*YES/NO |
Date of issue: Compliance date(s) specified in the order: Amount of charge on the land (if applicable and known): |
section 100—Clean-up authorisation that is registered in relation to the
land |
*YES/NO |
Date of issue: Amount of charge on the land (if known): |
section 103H—Site contamination assessment order that is registered in
relation to the land |
*YES/NO |
Date of issue: Compliance date(s) specified in the order: Amount of charge on the land (if applicable and known): |
section 103J—Site remediation order that is registered in relation to
the land |
*YES/NO |
Date of issue: Compliance date(s) specified in the order: Amount of charge on the land (if applicable and known): |
section 103N—Notice of declaration of special management area in
relation to the land (due to possible existence of site contamination) |
*YES/NO |
Date of notice: Date of Gazette in which notice published: Description of area or areas to which the notice relates: |
section 103P—Notation of site contamination audit report in relation to
the land |
*YES/NO |
Date of notation: Note— Site contamination audit reports are kept by the EPA in the public register
under section 109 of the Environment Protection Act 1993 . |
section 103S—Notice of prohibition or restriction on taking water
affected by site contamination in relation to the land |
*YES/NO |
Date of notice: Date of Gazette in which notice published: Description of the water to which the notice relates: Particulars given in the notice of the site contamination affecting the water:
|
section 5—Notice of intention to perform fencing work |
*YES/NO |
Date of notice: Name and address of person to whom notice was given or from whom notice was
received: Particulars of relevant boundary: Kind of fence proposed to be constructed or nature of work proposed to be done
to existing fence: Cost or estimated cost of fence or work (as stated in the notice): Amount sought by proponent from adjoining owner (as stated in the notice): If there is a cross-notice under section 6, give details of— (a) the
proposals objected to: (b) the
counter-proposals: |
section 105F (or section 56 or 83 (repealed))—Notice to take action to
prevent outbreak or spread of fire |
*YES/NO |
Date of notice: Person or body who issued notice: Requirements of notice (as stated therein): Amount payable (if any): |
section 44—Improvement notice |
*YES/NO |
Date of notice: Name of authorised officer who served notice: Name of authority that appointed officer: Requirements of notice: |
section 46—Prohibition order |
*YES/NO |
Date of order: Name of authority or person who served order: Requirements of order: |
Part 6—Risk management allocation |
*YES/NO |
Is a waterlogging and salinity risk management allocation attached to the
whole or any part of the land? *YES/NO |
section 56—Notice to pay share of Trust costs, or for unauthorised use
of water, in respect of irrigated property |
*YES/NO |
Date of notice: Amount payable (as stated in notice): |
section 14(2)(b)—Registration of an object of heritage significance
|
*YES/NO |
Date of registration: Description and location of object registered: |
section 17 or 18—Provisional registration or registration |
*YES/NO |
Description of place registered: Has the place been designated as a place of geological, palaeontological or
speleological significance or archaeological significance? *YES/NO |
section 30—Stop order |
*YES/NO |
Date of order: Terms of order: |
Part 6—Heritage agreement |
*YES/NO |
Date of agreement: Description of property subject to agreement: Names of parties: Terms of agreement: |
section 38—"No development" order |
*YES/NO |
Date of order: Terms of order: |
Part 2A—Establishment of control of access from any road abutting the
land |
*YES/NO |
Date of establishment of control of access: Description of boundary of land affected: |
Housing Improvement Act 1940 (repealed) | ||
section 23—Declaration that house is undesirable or unfit for human
habitation |
*YES/NO |
Date of declaration: Those particulars required to be provided by a council under section 23: |
Part 7 (rent control for substandard houses)—Notice or declaration |
*YES/NO |
Date of notice or declaration: Those particulars required to be provided by the housing authority under
section 60: |
Part 3 Division 1—Assessment, improvement or demolition orders |
*YES/NO |
Date of order: Those particulars required to be provided by the Minister under
section 14 or 15 (if applicable): |
section 22—Notice to vacate premises |
*YES/NO |
Date of notice: Name of authority that issued the notice: Date by which the premises must be vacated: |
section 25—Rent control notice |
*YES/NO |
Date of notice: Maximum rent payable (per week): |
section 10—Notice of intention to acquire |
*YES/NO |
Date of notice: Name of Authority who served notice: Description of land intended to be acquired (as described in the notice): |
section 72—Notice to pay levy in respect of costs of regional landscape
board |
*YES/NO |
Date of notice: Amount of levy payable: |
section 78—Notice to pay levy in respect of right to take water or
taking of water |
*YES/NO |
Date of notice: Amount of levy payable: |
section 99—Notice to prepare an action plan for compliance with general
statutory duty |
*YES/NO |
Date of notice: Name of authority or person that issued notice: Requirements of notice (as specified therein): |
section 107—Notice to rectify effects of unauthorised activity |
*YES/NO |
Date of notice: Name of relevant authority that issued notice: Requirements of notice (as specified therein): |
section 108—Notice to maintain watercourse or lake in good condition |
*YES/NO |
Date of notice: Name of relevant authority that issued notice: Requirements of notice (as specified therein): |
section 109—Notice restricting the taking of water or directing action
in relation to the taking of water |
*YES/NO |
Date of notice: Water resource to which notice applies: Requirements of notice (as specified therein): |
section 111—Notice to remove or modify a dam, embankment, wall or other
obstruction or object |
*YES/NO |
Date of notice: Requirements of notice (as specified therein): |
section 112—Permit (or condition of a permit) that remains in force |
*YES/NO |
Date of permit: Name of relevant authority that granted permit: Condition(s) of permit: |
section 120—Notice to take remedial or other action in relation to a
well |
*YES/NO |
Date of notice: Location of well: Requirements of notice (as specified therein): |
section 135—Water resource works approval |
*YES/NO |
Details of site where works are authorised: |
section 142—Site use approval |
*YES/NO |
Details of location where water use is allowed: |
section 166—Forest water licence |
*YES/NO |
Details of location of forest to which licence relates: |
section 191—Notice of instruction as to keeping or management of animal
or plant |
*YES/NO |
Date of notice: Name of authorised officer who issued notice: Requirements of notice (as specified therein): |
section 193—Notice to comply with action order for the destruction or
control of animals or plants |
*YES/NO |
Date of notice: Name of authorised officer who issued notice: Requirements of notice (as specified therein): |
section 194—Notice to pay costs of destruction or control of animals or
plants on road reserve |
*YES/NO |
Date of notice: Name of authority that issued notice: Amount payable (as specified in notice): |
section 196—Notice requiring control or quarantine of animal or plant |
*YES/NO |
Date of notice: Requirements of notice (as specified therein): |
section 207—Protection order to secure compliance with specified
provisions of the Act |
*YES/NO |
Date of order: Name of authority or person who issued order: Requirements of order (as specified therein): |
section 209—Reparation order requiring specified action or payment to
make good damage resulting from contravention of the Act |
*YES/NO |
Date of order: Name of authority or person who issued order: Requirements of order (as specified therein): |
section 211—Reparation authorisation authorising specified action
to make good damage resulting from contravention of the Act |
*YES/NO |
Date of authorisation: Name of relevant authority that issued authorisation: Person authorised to take action: Requirements of authorisation (as specified therein): |
section 215—Orders made by ERD Court |
*YES/NO |
Date of order: Names of parties: Requirements of order: |
section 219—Management agreements |
*YES/NO |
Date of agreement: Names of parties: Requirements of agreement: |
section 235—Additional orders on conviction |
*YES/NO |
Date of conviction: Name of court by which conviction is recorded: Requirements of additional order(s): |
Notice, order or demand for payment of land tax |
*YES/NO |
Date of notice, order or demand: Amount payable (as stated in the notice): |
Local Government Act 1934 (repealed) | ||
Notice, order, declaration, charge, claim or demand given or made under the
Act |
*YES/NO |
Date of notice, order etc: Name of council by which, or person by whom, notice, order etc is given or
made: Land subject thereto: Nature of requirements contained in notice, order etc: Time for carrying out requirements: Amount payable (if any): |
Notice, order, declaration, charge, claim or demand given or made under the
Act |
*YES/NO |
Date of notice, order etc: Name of council by which, or person by whom, notice, order etc is given or
made: Land subject thereto: Nature of requirements contained in notice, order etc: Time for carrying out requirements: Amount payable (if any): |
section 30—Nuisance or litter abatement notice |
*YES/NO |
Date of notice: Notice issued by: Nature of requirements contained in notice: Time for carrying out requirements: |
section 6—Restriction on building work |
*YES/NO |
Does the restriction apply to all of the land? *YES/NO |
Mineral tenement (other than an exploration licence) |
*YES/NO |
Type of tenement: Terms of tenement: Condition(s) (if any) the tenement is subject to: |
section 9AA—Notice, agreement or order to waive exemption from
authorised operations |
*YES/NO |
Date of notice, agreement or order: Description of land subject to notice, agreement or order: Names of parties: Period of waiver: Terms (and condition(s), if any) of notice, agreement or order: |
section 56T(1)—Consent to a change in authorised operations |
*YES/NO |
Date of consent: Description of property subject to consent: Name of tenement holder who sought consent: Name of person who gave consent: Terms of consent: |
section 58(a)—Agreement authorising tenement holder to enter land |
*YES/NO |
Date of agreement: Description of property subject to agreement: Names of parties: Terms of agreement: |
section 58A—Notice of intention to commence authorised operations or
apply for lease or licence |
*YES/NO |
Date of notice: Description of property subject to notice: Name of person who served notice: Name of person on whom notice was served: Terms of notice: |
section 61—Agreement or order to pay compensation for authorised
operations |
*YES/NO |
Date of agreement or order: Description of property subject to agreement or order: Names of parties: Terms of agreement or order: |
section 75(1)—Consent relating to extractive minerals |
*YES/NO |
Date of consent: Description of property subject to consent: Name of tenement holder who sought consent: Name of person who gave consent: Terms of consent: |
section 82(1)—Deemed consent or agreement |
*YES/NO |
Date of consent or agreement: Description of property subject to consent or agreement: Name of owner of the land/tenement holder deemed to have provided consent or
agreement: Terms of consent or agreement: |
Proclamation with respect to a private mine |
*YES/NO |
Date of proclamation: |
Part 4 Division 1—Heritage agreement |
*YES/NO |
Date of agreement: Description of property subject to agreement: Names of parties: Terms of agreement: |
section 25C—Conditions of approval regarding achievement of
environmental benefit by accredited third party provider |
*YES/NO |
Date of approval: Condition(s) of approval: |
section 25D—Management agreement |
*YES/NO |
Date of agreement: Names of parties: Terms of agreement: |
Part 5 Division 1—Refusal to grant consent, or condition of a consent,
to clear native vegetation |
*YES/NO |
Date of refusal or grant of consent: If consent given, condition(s) (if any) of the consent: |
Natural Resources Management Act 2004 (repealed) | ||
section 97—Notice to pay levy in respect of costs of regional NRM board |
*YES/NO |
Date of notice: Amount of levy payable: |
section 123—Notice to prepare an action plan for compliance with general
statutory duty |
*YES/NO |
Date of notice: Name of authority or person that issued notice: Requirements of notice (as specified therein): |
section 134—Notice to remove or modify a dam, embankment, wall or other
obstruction or object |
*YES/NO |
Date of notice: Requirements of notice (as specified therein): |
section 135—Condition (that remains in force) of a permit |
*YES/NO |
Date of permit: Name of relevant authority that granted permit: Condition(s) of permit: |
section 181—Notice of instruction as to keeping or management of animal
or plant |
*YES/NO |
Date of notice: Name of authorised officer who issued notice: Requirements of notice (as specified therein): |
section 183—Notice to prepare an action plan for the destruction or
control of animals or plants |
*YES/NO |
Date of notice: Name of authorised officer who issued notice: Requirements of notice (as specified therein): |
section 185—Notice to pay costs of destruction or control of animals or
plants on road reserve |
*YES/NO |
Date of notice: Name of authority that issued notice: Amount payable (as specified in notice): |
section 187—Notice requiring control or quarantine of animal or plant |
*YES/NO |
Date of notice: Requirements of notice (as specified therein): |
section 193—Protection order to secure compliance with specified
provisions of the Act |
*YES/NO |
Date of order: Name of authority or person who issued order: Requirements of order (as specified therein): |
section 195—Reparation order requiring specified action or payment to
make good damage resulting from contravention of the Act |
*YES/NO |
Date of order: Name of authority or person who issued order: Requirements of order (as specified therein): |
section 197—Reparation authorisation authorising specified action
to make good damage resulting from contravention of the Act |
*YES/NO |
Date of authorisation: Name of relevant authority that issued authorisation: Person authorised to take action: Requirements of authorisation (as specified therein): |
Outback Communities (Administration and Management) Act 2009 | ||
section 21—Notice of levy or contribution payable |
*YES/NO |
Date of notice: Name of person or body giving notice: Type of levy or contribution: Amount payable (as stated in notice): |
section 23(1)—Notice of contribution payable |
*YES/NO |
Date of notice: Name of person or body giving notice: Terms of notice: Amount payable (as stated in notice): |
section 139—Notice of proposed work and notice may require access |
*YES/NO |
Date of notice: Name of person giving notice of proposed work: Building work proposed (as stated in the notice): Other building work as required pursuant to the Act: |
section 140—Notice requesting access |
*YES/NO |
Date of notice: Name of person requesting access: Reason for which access is sought (as stated in the notice): Activity or work to be carried out: |
section 141—Order to remove or perform work |
*YES/NO |
Date of order: Terms of order: Building work (if any) required to be carried out: Amount payable (if any): |
section 142—Notice to complete development |
*YES/NO |
Date of notice: Requirements of notice: Building work (if any) required to be carried out: Amount payable (if any): |
section 155—Emergency order |
*YES/NO |
Date of order: Name of authorised officer who made order: Name of authority that appointed the authorised officer: Nature of order: Amount payable (if any): |
section 157—Fire safety notice |
*YES/NO |
Date of notice: Name of authority giving notice: Requirements of notice: Building work (if any) required to be carried out: Amount payable (if any): |
section 192 or 193—Land management agreement |
*YES/NO |
Date of agreement: Names of parties: Terms of agreement: |
section 198(1)—Requirement to vest land in a council or the Crown
to be held as open space |
*YES/NO |
Date requirement given: Name of body giving requirement: Nature of requirement: Contribution payable (if any): |
section 198(2)—Agreement to vest land in a council or the Crown to
be held as open space |
*YES/NO |
Date of agreement: Names of parties: Terms of agreement: Contribution payable (if any): |
Part 16 Division 1—Proceedings |
*YES/NO |
Date of commencement of proceedings: Date of determination or order (if any): Terms of determination or order (if any): |
section 213—Enforcement notice |
*YES/NO |
Date notice given: Name of designated authority giving notice: Nature of directions contained in notice: Building work (if any) required to be carried out: Amount payable (if any): |
section 214(6), 214(10) or 222—Enforcement order |
*YES/NO |
Date order made: Name of court that made order: Action number: Names of parties: Terms of order: Building work (if any) required to be carried out: |
*YES/NO |
Date of notice or order: Date of Gazette in which notice published (if applicable): Nature of requirement, restriction or prohibition: | |
Public and Environmental Health Act 1987 (repealed) | ||
Part 3—Notice |
*YES/NO |
Date of notice: Name of council or other authority giving notice: Requirements of notice: |
Public and Environmental Health (Waste Control) Regulations 2010 (or 1995
) (revoked) Part 2—Condition (that continues to apply) of an approval |
*YES/NO |
Date of approval: Name of relevant authority that granted the approval: Condition(s) of approval: |
Public and Environmental Health (Waste Control) Regulations 2010
(revoked) regulation 19— Maintenance order (that has not been
complied with) |
*YES/NO |
Date of order: Name of relevant authority giving order: Requirements of order: |
section 66—Direction or requirement to avert spread of disease |
*YES/NO |
Date of direction or requirement: Name of authority giving direction or making requirement: Nature of direction or requirement: |
section 92—Notice |
*YES/NO |
Date of notice: Name of council or other relevant authority giving notice: Requirements of notice: |
South Australian Public Health (Wastewater) Regulations 2013
Part 4—Condition (that continues to apply) of an approval |
*YES/NO |
Date of approval: Name of person or body that granted the approval: Condition(s) of approval: |
Upper South East Dryland Salinity and Flood Management Act 2002
(expired) | ||
section 23—Notice of contribution payable |
*YES/NO |
Date of notice: Terms of notice: Amount payable: |
Notice or order under the Act requiring payment of charges or other amounts or
making other requirement |
*YES/NO |
Date of notice or order: Name of person or body who served notice or order: Amount payable (if any) as specified in the notice or order: Nature of other requirement made (if any) as specified in the notice or order:
|
Water Resources Act 1997 (repealed) | ||
section 18—Condition (that remains in force) of a permit |
*YES/NO |
Date of permit: Name of relevant authority that granted permit: Condition(s) of permit: |
section 125 (or a corresponding previous enactment)—Notice to pay levy |
*YES/NO |
Date of notice: Amount of levy payable: |
Other | ||
Caveat |
*YES/NO |
Name and address of caveator: Particulars of interest claimed: |
Lien or notice of a lien |
*YES/NO |
Land or other property subject to lien: Nature of lien: Name and address of person who has imposed lien or given notice of it: |
Charge of any kind affecting the land (not included in another item) |
*YES/NO |
Person or body in whose favour charge exists: Nature of charge: Amount of charge (if known): |
†Schedule 2—Division 2—Other particulars
(section 7(1)(b) and section 8(1)(b))
†Particulars of transactions in last 12 months
If the vendor, within 12 months before the date of the contract of sale—
(a)
obtained title to the land; or
(b)
obtained an option to purchase the land; or
(c)
entered into a contract to purchase the land (whether on the vendor's own
behalf or on behalf of another),
the vendor must provide the following particulars of all transactions relating
to the acquisition of the interest that occurred within that 12 month period:
1 The name and address of each party to the
transaction and of each person in whom an interest vested as a result of the
transaction:
2 The date and nature of each instrument
registered on the certificate of title or, if no such instrument has been
registered, the date and nature of each document forming the whole or part of
a contract relating to the transaction:
3 Particulars of the consideration provided for
the purposes of the transaction:
The above particulars must be provided for each transaction.
†Particulars relating to community lot (including strata lot) or
development lot
1 Name of community corporation:
Address of
community corporation:
2 Application must be made in writing to the
community corporation for the particulars and documents referred to in 3 and
4. Application must also be made in writing to the community corporation for
the documents referred to in 6 unless those documents are obtained from the
Lands Titles Registration Office.
3 Particulars supplied by the community
corporation or known to the vendor:
(a)
particulars of contributions payable in relation to the lot (including details
of arrears of contributions related to the lot):
(b)
particulars of assets and liabilities of the community corporation:
(c)
particulars of expenditure that the community corporation has incurred, or has
resolved to incur, and to which the owner of the lot must contribute, or is
likely to be required to contribute:
(d) if
the lot is a development lot, particulars of the scheme description relating
to the development lot and particulars of the obligations of the owner of the
development lot under the development contract:
(e) if
the lot is a community lot, particulars of the lot entitlement of the lot:
[State "not known" next to any particulars not supplied by the community
corporation by the date of this statement and not known to the vendor.]
4 Documents supplied by the community corporation
that are enclosed:
(a) a
copy of the minutes of the general meetings of the community corporation and
management committee *for the 2 years preceding this statement/since the
deposit of the community plan;
(*Strike out whichever is the greater period)
(b) a
copy of the statement of accounts of the community corporation last prepared;
(c) a
copy of current policies of insurance taken out by the community corporation.
[State "not supplied" next to any document not supplied by the community
corporation by the date of this statement.]
5 If "not known" or "not supplied" has been
specified for an item in 3 or 4, set out the date of the application made to
the community corporation and give details of any other steps taken to obtain
the particulars or documents concerned:
6 The following documents are enclosed:
†(a) a copy of
the scheme description (if any) and the development contract (if any);
(b) a
copy of the by-laws of the community scheme.
†7 The following additional particulars are
known to the vendor or have been supplied by the community corporation:
8 Further inquiries may be made to the secretary
of the community corporation or the appointed community scheme manager.
Name:
Address:
Note—
1 A 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 .
2 Copies 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.
3 All 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.
4 For a brief description of some of the matters
that need to be considered before purchasing a community lot, see Division 3
of this Schedule.
†Particulars relating to strata unit
1 Name of strata corporation:
Address of strata
corporation:
2 Application must be made in writing to the
strata corporation for the particulars and documents referred to in 3 and 4.
Application must also be made in writing to the strata corporation for the
articles referred to in 6 unless the articles are obtained from the Lands
Titles Registration Office.
3 Particulars supplied by the strata corporation
or known to the vendor:
(a)
particulars of contributions payable in relation to the unit (including
details of arrears of contributions related to the unit):
(b)
particulars of the assets and liabilities of the strata corporation:
(c)
particulars of expenditure that the strata corporation has incurred, or has
resolved to incur, and to which the unit holder of the unit must contribute,
or is likely to be required to contribute:
(d)
particulars of the unit entitlement of the unit:
[State "not known" next to any particulars not supplied by the strata
corporation by the date of this statement and not known to the vendor.]
4 Documents supplied by the strata corporation
that are enclosed:
(a) a
copy of the minutes of the general meetings of the strata corporation and
management committee *for the 2 years preceding this statement/since the
deposit of the strata plan;
(*Strike out whichever is the greater period)
(b) a
copy of the statement of accounts of the strata corporation last prepared;
(c) a
copy of current policies of insurance taken out by the strata corporation.
[State "not supplied" next to any document not supplied by the strata
corporation by the date of this statement.]
5 If "not known" or "not supplied" has been
specified for an item in 3 or 4, set out the date of the application made to
the strata corporation and give details of any other steps taken to obtain the
particulars or documents concerned:
6 A copy of the articles of the strata corporation
is enclosed.
†7 The following additional particulars are
known to the vendor or have been supplied by the strata corporation:
8 Further inquiries may be made to the secretary
of the strata corporation or the appointed strata manager.
Name:
Address:
Note—
1 A 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.
2 Copies of the articles of the strata corporation
may also be obtained from the Lands Titles Registration Office.
3 All 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.
4 For a brief description of some of the matters
that need to be considered before purchasing a strata unit, see Division 3 of
this Schedule.
†Particulars of building indemnity insurance
Note—
Building indemnity insurance is not required for—
(a)
domestic building work for which approval under the Planning, Development and
Infrastructure Act 2016 , the repealed Development Act 1993 or the
repealed Building Act 1971 is or was not required; or
(b)
minor domestic building work (see section 3 of the Building Work Contractors
Act 1995 ); or
(c)
domestic building work commenced before 1 May 1987; or
(d)
building work in respect of which an exemption from the application of
Division 3 of Part 5 of the Building Work Contractors Act 1995 applies
under the Building Work Contractors Regulations 2011 ; or
(e)
building work in respect of which an exemption from the application of
Division 3 of Part 5 of the Building Work Contractors Act 1995 has been
granted under section 45 of that Act.
Details of building indemnity insurance still in existence for building work
on the land: | |
1 |
Name(s) of person(s) insured: | |
2 |
Name of insurer: | |
3 |
Limitations on the liability of the insurer: | |
4 |
Name of builder: | |
5 |
Builder's licence number: | |
6 |
Date of issue of insurance: | |
7 |
Description of insured building work: | |
Exemption from holding insurance:
If particulars of insurance are not given, has an exemption been granted under
section 45 of the Building Work Contractors Act 1995 from the
requirement to hold an insurance policy in accordance with Division 3 of
Part 5 of that Act? *YES/NO
If YES, give details:
(a) Date
of the exemption:
(b) Name
of builder granted the exemption:
(c)
Licence number of builder granted the exemption:
(d)
Details of building work to which the exemption applies:
(e)
Details of conditions (if any) to which the exemption is subject:
†Particulars relating to asbestos at workplaces
1 In these particulars—
asbestos and asbestos containing material have the same meaning as in the
Work Health and Safety Regulations 2012 ;
workplace has the same meaning as in the Work Health and Safety Act 2012
.
2 Is there a workplace on the land? *YES/NO
3 If YES, is there an asbestos register for the
workplace?
*YES/NO
4 If 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
5 If YES—
(a) give
details of the location, type and condition of the asbestos or asbestos
containing material:
(b) has
a plan been prepared for the management of asbestos at the workplace? *YES/NO
If YES, give details:
(c) is
any asbestos or asbestos containing material to be removed before settlement?
*YES/NO
If YES, give details:
Note—
1. A register is not
required to be prepared for a workplace—
(a) if a
register has already been prepared for the workplace; or
(b)
if—
(i)
the workplace is a building that was constructed after
31 December 2003; and
(ii)
no asbestos has been identified at the workplace; and
(iii)
no asbestos is likely to be present at the workplace from
time to time.
See regulation 425 of the Work Health and Safety Regulations 2012 .
2. A 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.
See regulation 428 of the Work Health and Safety Regulations 2012 .
†Particulars relating to aluminium composite panels
Has the vendor been notified that a building on the land has been identified,
as part of a South Australian Building Cladding Audit initiated in 2017
and conducted by the former Department of Planning, Transport and
Infrastructure in conjunction with the Metropolitan Fire Service, Country Fire
Service and councils—
(a) as
having aluminium composite panels installed on the exterior of the building;
and
(b) as
constituting a moderate, high or extreme risk as a result of that
installation; and
(c) as
requiring remediation to reduce the risk to an acceptable level; and
(d) as
not having had the necessary remedial work performed or a determination made
by the appropriate authority of the relevant council (within the meaning of
section 157 of the Planning, Development and Infrastructure
Act 2016 ) that no further action is required?
*YES/NO
If YES, give details of the following:
1 the actions required
to remediate the risk (if known):
2 the estimated costs
of remediation (if known):
†Particulars relating to court or tribunal process
If process has issued out of any court or tribunal in relation to a
claim—
(a) that
is stated to affect the land or the value of which is $5 000 or more; and
(b) that
presently affects (or may prospectively affect) title to, or the possession or
enjoyment of, the land,
the vendor must provide the following particulars:
1 Name of court or
tribunal:
2 Names of parties:
3 Nature of claim:
4 Amount of claim (if
applicable):
5 Amount of judgment
(if applicable):
6 Name of judgment
creditor (if applicable):
†Particulars relating to land irrigated or drained under Irrigation Acts
†1—Land irrigated or drained under Irrigation Act 2009
If 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 —
(a) has
the trust given notice under section 40 of that Act in respect of the
land? *YES/NO
If YES, specify—
(i)
the date on which notice was given:
(ii)
the requirements of the notice:
(iii)
the amount (if any) payable under section 40(7) of
the Act:
(b) has
the trust given notice under section 50 of that Act? *YES/NO
If YES,
specify—
(i)
the date on which notice was given:
(ii)
the amount payable (including interest, if any):
†2—Land irrigated or drained under Renmark Irrigation Trust
Act 2009
If 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 —
(a) has
the Trust given notice under section 41 of that Act in respect of the land?
*YES/NO
If YES, specify—
(i)
the date on which notice was given:
(ii)
the requirements of the notice:
(iii)
the amount (if any) payable under section 41(7) of the
Act:
(b) has
the Trust given notice under section 52 of that Act in respect of the land?
*YES/NO
If YES, specify—
(i)
the date on which notice was given:
(ii)
the amount payable (including interest, if any):
†Particulars relating to environment protection
(1) In this and the
following items (items 1 to 7 inclusive)—
domestic activity has the same meaning as in the
Environment Protection Act 1993 ;
environmental assessment , in relation to land, means an assessment of the
existence or nature or extent of—
(a) site
contamination (within the meaning of the Environment Protection Act 1993
) at the land; or
(b) any
other contamination of the land by chemical substances,
and includes such an assessment in relation to water on or below the surface
of the land;
EPA means the Environment Protection Authority established under the
Environment Protection Act 1993 ;
pre-1 July 2009 site audit , in relation to land, means a review (carried out
by a person recognised by the EPA as an environmental auditor) that examines
environmental assessments or remediation of the land for the purposes of
determining—
(a) the
nature and extent of contamination of the land by chemical substances present
or remaining on or below the surface of the land; and
(b) the
suitability of the land for a particular use; and
(c) what
remediation is or remains necessary for a particular use,
but does not include a site contamination audit (as defined below) completed
on or after 1 July 2009;
pre-1 July 2009 site audit report means a detailed written report that sets
out the findings of a pre-1 July 2009 site audit;
prescribed commercial or industrial activity —see item 1(2);
prescribed fee means the fee prescribed under the
Environment Protection Act 1993 for inspection of, or obtaining copies of
information on, the public register;
public register means the public register kept by the EPA under section 109 of
the Environment Protection Act 1993 ;
site contamination audit has the same meaning as in the
Environment Protection Act 1993 ;
site contamination audit report has the same meaning as in the
Environment Protection Act 1993 .
(2) For the purposes
of this and the following items (items 1 to 7 inclusive), each
of the following activities (as defined in Schedule 3 clause 2 of
the Environment Protection Regulations 2009 ) is a prescribed commercial
or industrial activity:
abrasive blasting |
acid sulphate soil generation |
agricultural activities |
airports, aerodromes or aerospace industry |
animal burial |
animal dips or spray race facilities |
animal feedlots |
animal saleyards |
asbestos disposal |
asphalt or bitumen works |
battery manufacture, recycling or disposal |
breweries |
brickworks |
bulk shipping facilities |
cement works |
ceramic works |
charcoal manufacture |
coal handling or storage |
coke works |
compost or mulch production or storage |
concrete batching works |
curing or drying works |
defence works |
desalination plants |
dredge spoil disposal or storage |
drum reconditioning or recycling works |
dry cleaning |
electrical or electronics component manufacture |
electrical substations |
electrical transformer or capacitor works |
electricity generation or power plants |
explosives or pyrotechnics facilities |
fertiliser manufacture |
fibreglass manufacture |
fill or soil importation |
fire extinguisher or retardant manufacture |
fire stations |
fire training areas |
foundry |
fuel burning facilities |
furniture restoration |
gasworks |
glass works |
glazing |
hat manufacture or felt processing |
incineration |
iron or steel works |
laboratories |
landfill sites |
lime burner |
metal coating, finishing or spray painting |
metal forging |
metal processing, smelting, refining or metallurgical works |
mineral processing, metallurgical laboratories or mining or extractive
industries |
mirror manufacture |
motor vehicle manufacture |
motor vehicle racing or testing venues |
motor vehicle repair or maintenance |
motor vehicle wrecking yards |
mushroom farming |
oil recycling works |
oil refineries |
paint manufacture |
pest control works |
plastics manufacture works |
printing works |
pulp or paper works |
railway operations |
rubber manufacture or processing |
scrap metal recovery |
service stations |
ship breaking |
spray painting |
tannery, fellmongery or hide curing |
textile operations |
transport depots or loading sites |
tyre manufacture or retreading |
vermiculture |
vessel construction, repair or maintenance |
waste depots |
wastewater storage, treatment or disposal |
water discharge to underground aquifer |
wetlands or detention basins |
wineries or distilleries |
wood preservation works |
woolscouring or wool carbonising works |
works depots (operated by councils or utilities) |
2—Pollution and site contamination on the land—questions for
vendor
(1) Is the vendor
aware of any of the following activities ever having taken place at the land:
(a)
storage, handling or disposal of waste or fuel or other chemicals (other than
in the ordinary course of domestic activities)?
(b)
importation of soil or other fill from a site at which—
(i)
an activity of a kind listed in paragraph (a) has
taken place; or
(ii)
a prescribed commercial or industrial activity (see
item 1(2) above) has taken place?
*YES/NO
If YES, give details of all activities that the vendor is aware of and
whether they have taken place before or after the vendor acquired an interest
in the land:
(2) Is the vendor
aware of any prescribed commercial or industrial activities (see
item 1(2) above) ever having taken place at the land?
*YES/NO
If YES, give details of all activities that the vendor is aware of and
whether they have taken place before or after the vendor acquired an interest
in the land:
(3) Is the vendor
aware of any dangerous substances ever having been kept at the land pursuant
to a licence under the Dangerous Substances Act 1979 ?
*YES/NO
If YES, give details of all dangerous substances that the vendor is
aware of and whether they were kept at the land before or after the vendor
acquired an interest in the land:
(4) Is the vendor
aware of the sale or transfer of the land or part of the land ever having
occurred subject to an agreement for the exclusion or limitation of liability
for site contamination to which section 103E of the
Environment Protection Act 1993 applies?
*YES/NO
If YES, give details of each sale or transfer and agreement that the
vendor is aware of:
(5) Is the vendor
aware of an environmental assessment of the land or part of the land ever
having been carried out or commenced (whether or not completed)?
*YES/NO
If YES, give details of all environmental assessments that the vendor
is aware of and whether they were carried out or commenced before or after the
vendor acquired an interest in the land:
Note—
These questions relate to details about the land that may be known by the
vendor. A "YES" answer to the questions at items 2(1) or 2(2) may indicate
that a potentially contaminating activity has taken place at the land (see
sections 103C and 103H of the Environment Protection Act 1993 ) and
that assessments or remediation of the land may be required at some future
time.
A "YES" answer to any of the questions in this item may indicate the need for
the purchaser to seek further information regarding the activities, for
example, from the council or the EPA.
3—Licences and exemptions recorded by EPA in public register
Does the EPA hold any of the following details in the public register:
(a)
details of a current licence issued under Part 6 of the
Environment Protection Act 1993 to conduct any prescribed activity of
environmental significance under Schedule 1 of that Act at the land?
*YES/NO
(b)
details 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?
*YES/NO
(c)
details of a current exemption issued under Part 6 of the
Environment Protection Act 1993 from the application of a specified
provision of that Act in relation to an activity carried on at the land?
*YES/NO
(d)
details of an exemption no longer in force issued under Part 6 of the
Environment Protection Act 1993 from the application of a specified
provision of that Act in relation to an activity carried on at the land?
*YES/NO
(e)
details of a licence issued under the repealed South Australian Waste
Management Commission Act 1979 to operate a waste depot at the land?
*YES/NO
(f)
details of a licence issued under the repealed Waste Management Act 1987
to operate a waste depot at the land?
*YES/NO
(g)
details of a licence issued under the repealed South Australian Waste
Management Commission Act 1979 to produce waste of a prescribed kind
(within the meaning of that Act) at the land?
*YES/NO
(h)
details of a licence issued under the repealed Waste Management Act 1987
to produce prescribed waste (within the meaning of that Act) at the land?
*YES/NO
Note—
These questions relate to details about licences and exemptions required to be
recorded by the EPA in the public register. If the EPA answers "YES" to any of
the questions—
• in the case of
a licence or exemption under the Environment Protection Act 1993 —
— the purchaser
may obtain a copy of the licence or exemption from the public register on
payment of the prescribed fee; and
— the purchaser
should note that transfer of a licence or exemption is subject to the
conditions of the licence or exemption and the approval of the EPA (see
section 49 of the Environment Protection Act 1993 ); and
• in the case of
a licence under a repealed Act—the purchaser may obtain details about
the licence from the public register on payment of the prescribed fee.
A "YES" answer to any of these questions may indicate that a potentially
contaminating activity has taken place at the land (see sections 103C and 103H
of the Environment Protection Act 1993 ) and that assessments or
remediation of the land may be required at some future time.
The EPA will not provide details about licences to conduct the following
prescribed activities of environmental significance (within the meaning of
Schedule 1 Part A of the Environment Protection Act 1993 ): waste
transport business (category A), waste transport business (category B),
dredging, earthworks drainage, any other activities referred to in Schedule 1
Part A undertaken by means of mobile works, helicopter landing
facilities, marinas and boating facilities or discharges to marine or inland
waters.
The EPA will not provide details about exemptions relating to—
• the conduct of
any of the licensed activities in the immediately preceding paragraph in this
note; or
• noise.
4—Pollution and site contamination on the land—details recorded by
EPA in public register
Does the EPA hold any of the following details in the public register in
relation to the land or part of the land:
(a)
details of serious or material environmental harm caused or threatened in the
course of an activity (whether or not notified under section 83 of the
Environment Protection Act 1993 )?
*YES/NO
(b)
details of site contamination notified to the EPA under section 83A of the
Environment Protection Act 1993 ?
*YES/NO
(c) a
copy of a report of an environmental assessment (whether prepared by the EPA
or some other person or body and whether or not required under legislation)
that forms part of the information required to be recorded in the public
register?
*YES/NO
(d) a
copy of a site contamination audit report?
*YES/NO
(e)
details of an agreement for the exclusion or limitation of liability for site
contamination to which section 103E of the Environment Protection
Act 1993 applies?
*YES/NO
(f)
details of an agreement entered into with the EPA relating to an approved
voluntary site contamination assessment proposal under section 103I of the
Environment Protection Act 1993 ?
*YES/NO
(g)
details of an agreement entered into with the EPA relating to an approved
voluntary site remediation proposal under section 103K of the
Environment Protection Act 1993 ?
*YES/NO
(h)
details of a notification under section 103Z(1) of the Environment Protection
Act 1993 relating to the commencement of a site contamination audit?
*YES/NO
(i)
details of a notification under section 103Z(2) of the
Environment Protection Act 1993 relating to the termination before
completion of a site contamination audit?
*YES/NO
(j)
details of records, held by the former South Australian Waste Management
Commission under the repealed Waste Management Act 1987 , of waste
(within the meaning of that Act) having been deposited on the land between
1 January 1983 and 30 April 1995?
*YES/NO
Note—
These questions relate to details required to be recorded by the EPA in the
public register. If the EPA answers "YES" to any of the questions, the
purchaser may obtain those details from the public register on payment of the
prescribed fee.
5—Pollution and site contamination on the land—other details held
by EPA
Does the EPA hold any of the following details in relation to the land or part
of the land:
(a) a
copy of a report known as a "Health Commission Report" prepared by or on
behalf of the South Australian Health Commission (under the repealed
South Australian Health Commission Act 1976 )?
*YES/NO
(b)
details (which may include a report of an environmental assessment) relevant
to an agreement entered into with the EPA relating to an approved voluntary
site contamination assessment proposal under section 103I of the
Environment Protection Act 1993 ?
*YES/NO
(c)
details (which may include a report of an environmental assessment) relevant
to an agreement entered into with the EPA relating to an approved voluntary
site remediation proposal under section 103K of the Environment Protection
Act 1993 ?
*YES/NO
(d) a
copy of a pre-1 July 2009 site audit report?
*YES/NO
(e)
details relating to the termination before completion of a pre-1 July 2009
site audit?
*YES/NO
Note—
These questions relate to details that the EPA may hold. If the EPA answers
"YES" to any of the questions, the purchaser may obtain those details from the
EPA (on payment of any fee fixed by the EPA).
6—Further information held by councils
Does the council hold details of any development approvals relating to—
(a)
commercial or industrial activity at the land; or
(b) a
change in the use of the land or part of the land (within the meaning of the
repealed Development Act 1993 or the Planning, Development and
Infrastructure Act 2016 )?
*YES/NO
Note—
The question relates to information that the council for the area in which the
land is situated may hold. If the council answers "YES" to the question, it
will provide a description of the nature of each development approved in
respect of the land. The purchaser may then obtain further details from the
council (on payment of any fee fixed by the council). However, it is expected
that the ability to supply further details will vary considerably between
councils.
A "YES" answer to paragraph (a) of the question may indicate that a
potentially contaminating activity has taken place at the land (see
sections 103C and 103H of the Environment Protection Act 1993 ) and that
assessments or remediation of the land may be required at some future time.
It should be noted that:
• the approval
of development by a council does not necessarily mean that the development has
taken place;
• the council
will not necessarily be able to provide a complete history of all such
development that has taken place at the land.
7—Further information for purchasers
Note—
The purchaser is advised that other matters under the Environment Protection
Act 1993 (that is, matters other than those referred to in this
Statement) that may be relevant to the purchaser's further enquiries may also
be recorded in the public register. These include:
• details
relating to environmental authorisations such as applications, applicants,
locations of activities, conditions, suspension, cancellation or surrender of
authorisations, disqualifications, testing requirements and test results;
• details
relating to activities undertaken on the land under licences or other
environmental authorisations no longer in force;
• written
warnings relating to alleged contraventions of the
Environment Protection Act 1993 ;
• details of
prosecutions and other enforcement action;
• details of
civil proceedings;
• other details
prescribed under the Environment Protection Act 1993 (see
section 109(3)(l)).
Details of these matters may be obtained from the public register on payment
to the EPA of the prescribed fee.
If—
• an environment
performance agreement, environment protection order, clean-up order, clean-up
authorisation, site contamination assessment order or site remediation order
has been registered on the certificate of title for the land; or
• a notice of
declaration of special management area in relation to the land has been
gazetted; or
• a notation has
been made on the certificate of title for the land that a site contamination
audit report has been prepared in respect of the land; or
• a notice of
prohibition or restriction on taking water affected by site contamination in
relation to the land has been gazetted,
it will be noted in the items under the heading Environment Protection
Act 1993 under the Table of Particulars in this Statement. Details of any
registered documents may be obtained from the Lands Titles Registration
Office.
†Particulars relating to Livestock Act 1997
†1—Sale of land
(1) Has 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
If YES, give
details of the following:
Date of notice:
Terms of notice:
(2) Has 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
If YES, give details of the following:
Date of order or notice:
Terms of order or notice:
†2—Sale of small business
Does 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
If 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
If YES, give details of
the following:
Date of notice or order:
Terms of notice or order:
†Schedule 2—Division 3—Community lots and strata units
Matters to be considered in purchasing a community lot or strata unit
The 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:
Governance
You 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.
If 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.
Use of your property
You, 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.
Depending 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.
Note 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.
Are you buying a debt?
If 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.
Expenses
The 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.
The 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.
Guarantee
As 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.
Contracts
The 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 .
The 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.
Buying off the plan
If 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.
Mixed use developments—voting rights
You 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 one 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.
Further information
The Real Estate Institute of South Australia provides an information service
for enquiries about real estate transactions, see www.reisa.com.au.
The Australian Institute of Conveyancers (SA Division) (AICSA) provides
information and operates a Public Advisory Service with respect to
conveyancers and the conveyancing process, see www.aicsa.com.au.
Information and a booklet about strata and community titles is available from
the Legal Services Commission of South Australia at www.lsc.sa.gov.au.
You can also seek advice from a legal practitioner.
Form 3—Certificate of legal practitioner and waiver by purchaser
Land and Business (Sale and Conveyancing) Act 1994
Part A—Certificate of legal practitioner
(sections 5 and 16)
1 I certify that—
[Name(s) of purchaser(s)]
of [Address(es) of purchaser(s)]
*has/have received independent advice from me
in relation to the land or business described below concerning—
† the 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 .
† the 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.
† the 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.
† the 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].
†2 Description of the land:
†3 Description of the business:
[include the address of any premises at which the business is conducted]
4 Name(s) of vendor(s):
Date:
Signed:
Name of legal practitioner:
Name of firm:
Address of firm:
* Strike out the option that is not applicable.
† Strike out or omit the item if it is not applicable.
Part B—Instrument of waiver by purchaser
To the vendor(s):
*I/We—
[Name(s) of purchaser(s)] of [Address(es) of purchaser(s)]
being the
purchaser(s) of the land or business described in Part A above, having sought
and obtained independent advice from:
[Name of legal practitioner]
being the legal practitioner whose certificate in
relation to the giving of that advice is contained in Part A above—
† waive 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.
† waive 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.
† waive 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.]
Date:
Signed:
* Strike out the option that is not applicable.
† Strike out or omit the item if it is not applicable.