Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LAND SALES ACT 1984 - SECT 9

9 Identification of land

(1) Before a purchaser enters upon a purchase of a proposed allotment, the vendor must give the purchaser--

(a) a disclosure plan and disclosure statement for the proposed allotment; or
(b) a copy of the plan of survey for the proposed allotment approved by the local government under the Planning Act, chapter 3, part 7.9

Maximum penalty--100 penalty units or 6 months imprisonment.

(2) The disclosure plan must include the following--

(a) the details shown on the proposal plan10 accompanying the subdivision application for the land;
(b) the metes and bounds description of the proposed allotment;
(c) contour maps of the proposed allotment showing the following contours--
(i) natural surface contours, with appropriate contour intervals;
(ii) final surface contours as specified in the engineering drawings;
(d) fill levels, and areas to be filled, as specified in the engineering drawings for the proposed allotment.

(3) The disclosure statement must be signed by the purchaser and vendor and state the following--

(a) the purchaser's full name and address;
(b) the vendor's full name and address;
(c) that the vendor or vendor's agent has given the purchaser the disclosure plan for the proposed allotment;
(d) if the local government approval of the subdivision application for the land is subject to conditions mentioned in section 8(1)(b)--the conditions;
(e) that the purchaser has--
(i) for an allotment capable of being staked by a licensed surveyor--inspected the proposed allotment after it has been staked by the surveyor; or
(ii) for an allotment that is not capable of being staked by a licensed surveyor--inspected the proposed allotment; or
(iii) been given the opportunity, and declined, to do an inspection mentioned in subparagraph (i) or (ii);
(f) that the vendor must give the purchaser the registrable instrument of transfer for the allotment, together with the other documents mentioned in section 10A(3), not later than 18 months after the purchaser enters upon the purchase of the allotment;
(g) that if the vendor or vendor's agent contravenes this section, other than subsection (3)(a), (b) or (h), the purchaser may avoid the instrument relating to the sale by written notice given to the vendor or vendor's agent before the vendor gives the purchaser the registrable instrument of transfer for the allotment;
(h) the day the statement is signed.

(4) The obligation prescribed by subsection (1) or (3) rests upon the vendor's agent, where it is the agent who procures the signing of the instrument concerned by the purchaser or by the purchaser's agent, and otherwise rests upon the prospective vendor.

(5) If the vendor or the vendor's agent contravenes this section, other than subsection (3)(a), (b) or (h), the purchaser may avoid the instrument relating to the sale by written notice given to the vendor or vendor's agent before the vendor gives the purchaser the registrable instrument of transfer for the allotment.

(6) The staking of a proposed allotment does not require the lodgment of an identification survey plan under the Surveyors Regulation 1992, section 3011 if the only requirement under an Act for the staking is under subsection (3)(e).

(7) In this section--

"appropriate contour intervals" means contour intervals of not more than the following--

(a) for a proposed allotment of not more than 2 000 m2--500 mm in height;
(b) for a proposed allotment of more than 2 000 m2--the smallest of the following contour intervals--
(i) the contour intervals shown on a local government topographic map that includes the allotment;
(ii) the contour intervals shown on a topographic map that includes the allotment and is held in the department administered by the minister administering the Land Act 1994 or Land Title Act 1994.


[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]