S. 8A(1)(c)(i) amended by No. 48/1991 s. 53(4)(a). (i) was disposed of under section 569(2A) of the Local Government Act 1958, to the Crown or a public statutory body; or (ii) was compulsorily acquired by an acquiring authority under the Land Acquisition and Compensation Act 1986 or any corresponding previous enactment; or S. 8A(1)(c)(iii) amended by No. 48/1991 s. 53(4)(a)(b). (iii) was disposed of to an adjoining owner under section 569D(3A) of the Local Government Act 1958; or S. 8A(1)(c)(iv) inserted by No. 48/1991 s. 53(4)(b). (iv) was purchased by a person or transferred to a municipality under section 527 of the Local Government Act 1958 or any corresponding previous enactment; or S. 8A(1)(c)(iva) inserted by No. 48/1991 s. 53(4)(b). (iva) was proclaimed as a public highway before the commencement of the Subdivision Act 1988; or s. 8A S. 8A(1)(c)(v) inserted by No. 48/1991 s. 53(5). (v) is transferred or disposed of under section 207 of the Local Government Act 1989 and a plan of subdivision is not required under that section. S. 8A(2) inserted by No. 48/1991 s. 53(6). (2) Expressions used in this section and defined in the Subdivision Act 1988 have the same meanings in this section as they have in that Act. S. 8A(3) inserted by No. 48/1991 s. 53(6). (3) For the purposes of subsection (1)(a)(viii) and (b)(iv), land must be taken to be a separate parcel or a separate part of a parcel of land which existed and could be sold separately prior to the commencement of section 44 of the Subdivision Act 1988 only if the parcel or part existed prior to that commencement and—
S. 14A inserted by No. 7272 s. 4, amended by No. 7898 s. 3(b), substituted by No. 8661 s. 40(g), amended by No. 10216 s. 6(2), repealed by No. 53/1988 s. 45(Sch. 2 item 65). * * * * * S. 14B inserted by No. 10216 s. 6(1). 14B Further powers of arbitrator with respect to subdivisional land s. 14B (1) If any difference or dispute arises between the vendor and the purchaser with respect to— S. 14B(1)(a) amended by No. 48/1991 s. 56(2)(a). (a) the non-compliance by either party with any of the requirements of sections 9AA to 9AH; or S. 14B(1)(b) amended by No. 48/1991 s. 56(2)(b). (b) a purported rescission by the purchaser of the contract of sale pursuant to section 9AC, 9AE or 9AH— either party may refer the difference or dispute to an arbitrator for determination. (2) Without affecting the generality of section 21, the arbitrator may make an order under this section requiring the vendor to pay compensation to the purchaser in respect of any loss suffered by the purchaser arising out of the contract. 15 Notices
S. 27(1) amended by Nos 35/1996 s. 453(Sch. 1 item 73.7), 75/2006 s. 192(Sch. 2 item 5.8). (1) Where a legal practitioner, conveyancer or estate agent is holding deposit moneys as a stakeholder under section 24, the purchaser may by authorization in writing empower the legal practitioner, conveyancer or estate agent (as the case may be) to release those deposit moneys to the vendor in his own right or as the vendor directs. (2) Subsection (1) shall only operate— (a) where the contract is not subject to any condition enuring for the benefit of the purchaser; and (b) where the purchaser has accepted title or may be deemed to have accepted title. S. 27(3) amended by No. 42/1989 s. 4(b). (3) An authorization in writing shall not be effective unless and until the vendor has given the purchaser a notice in writing setting out— S. 27(3)(a) substituted by No. 42/1989 s. 4(b). (a) if there is a mortgage over the land which is the subject of the transaction, the particulars specified in Schedule 1; and S. 27(3)(b) repealed by No. 42/1989 s. 4(b). * * * * * s. 27 S. 27(3)(c) amended by No. 42/1989 s. 4(c). (c) particulars of any caveat lodged under the Transfer of Land Act 1958 in respect of the land which is the subject of the transaction— and the purchaser has given notice under subsection (4) that he is satisfied with those particulars. (4) Where the purchaser is satisfied— (a) that the particulars provided under paragraphs (a) and (c) of subsection (3) are accurate; and
the deposit moneys an amount equal to the commission and any auction expenses that he is or will become entitled to and any other moneys that he is or will become entitled to by law in relation to the transaction. (10) Notwithstanding section 2(1) of this Act, for the purposes of this section mortgage means a charge or lien on land for securing money or money's worth. S. 27(11) amended by Nos 10216 s. 7, 53/1988 s. 45(Sch. 2 item 66) (as amended by No. 47/1989 s. 19(zf)), 35/1996 s. 453(Sch. 1 item 73.7), 75/2006 s. 192(Sch. 2 item 5.8). (11) This section shall not operate to authorize the release of deposit moneys which are being held by a legal practitioner, conveyancer or estate agent under section 9AA. New s. 28 inserted by No. 9423 s. 2(2), substituted by No. 9471 s. 7. 28 Powers of purchaser where contract in contravention of this Division s. 28 (1) Where any contract for the sale of land contains provisions in contravention of this Division— (a) those provisions shall be void and of no effect; and (b) the contract shall be voidable by the purchaser at any time before completion and any person who has paid money under the contract shall be entitled to recover it. (2) Notwithstanding paragraph (b) of subsection (1) the contract shall not be voidable by the purchaser if the Court is satisfied that the vendor has acted honestly and reasonably and ought fairly to be excused for the contravention and that the purchaser is substantially in as good a position as
S. 32(2)(cb) inserted by No. 44/2002 s. 30, amended by No. 10/2005 s. 3(Sch. 1 item 18). (cb) a warning to the following effect— 'Important notice to purchasers: The property may be located in an area where commercial agricultural production activity may affect your enjoyment of the property. It is therefore in your interest to undertake an investigation of the possible amenity and other impacts from nearby properties and the agricultural practices and processes conducted there.'; (d) in any case— s. 32 (i) the amount of any rates, taxes, charges or other similar outgoings affecting the land and any interest payable on any part of those rates, taxes, charges or outgoings which is unpaid including any rates, taxes, charges or outgoings for which the purchaser may become liable in consequence of the sale and which the vendor might reasonably be expected to have knowledge of; or (ii) a statement that the total amount of those rates, taxes, charges or other similar outgoings and interest does not exceed the sum specified; S. 32(2)(da) inserted by No. 23/2010 s. 17(1). (da) in the case of land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning and Environment Act 1987), a warning to the following effect— 'Important notice to purchasers: You may be liable to pay a growth areas infrastructure contribution when you purchase this property. The instrument of transfer cannot be lodged for registration with the Registrar of Titles until the
(3) For the purposes of subsection (2), a statement is made while marketing land if— (a) it is made in an advertisement in respect of the land that is published, or caused to be published, by the person; or (b) it is made (whether orally or in writing) to a person as a prospective purchaser of the land. (4) A person who advises another person of the amount of the last bid to enable that amount to be published must not knowingly fail to disclose to the other person that the bid was a bid made on behalf of a vendor of the land. In the case of a body corporate: 200 penalty units. In any other case: 80 penalty units. s. 46 (5) A person who is a publisher of land auction sales results must not publish the fact that the land was passed in for the amount of the last bid without also stating that the bid was a bid made on behalf of a vendor of the land. In the case of a body corporate: 200 penalty units. In any other case: 80 penalty units. (6) It is a defence to a charge against subsection (2) or (5) if the person making the statement, or publishing the amount— (a) was not present at the auction; and (b) relied on a statement made by a person who purported to know what happened at the auction. (7) It is sufficient compliance with subsection (2) or (5) if the amount is described as a "vendor bid".
of Land (Amendment) Act 1963, No. 7052/1963 Assent Date: 26.11.63 Commencement Date: 26.11.63 : All of Act in operation and Works Act 1964, No. 7228/1964 Assent Date: 15.12.64 Commencement Date: 15.3.65: Government Gazette 11.3.65 p. 557 : All of Act in operation of Land Act 1965, No. 7272/1965 Assent Date: 1.6.65 Commencement Date: 1.9.65: Government Gazette 21.7.65 p. 2314 : All of Act in operation Statute Law Revision Act 1965, No. 7332/1965 Assent Date: 14.12.65 Commencement Date: 14.12.65 : All of Act in operation of Land (Amendment) Act 1969, No. 7898/1969 Assent Date: 9.12.69 Commencement Date: 1.3.70: Government Gazette 19.12.69 p. 4134 : All of Act in operation Local Government (Further Amendment) Act 1971, No. 8149/1971 Assent Date: 4.5.71 Commencement Date: S. 25(1) on 1.10.72: Government Gazette 27.9.72 p. 3198 : This information relates only to the provision/s amending the of Land Act 1962 Cluster Titles Act 1974, No. 8661/1974 Assent Date: 20.12.74 Commencement Date: Ss 40, 41 on 15.8.75: Government Gazette 13.8.75 p. 2926; rest of Act on 1.10.75: Government Gazette 10.9.75 p. 3253 : All of Act in operation Cluster Titles (Amendment) Act 1978, No. 9128/1978 Assent Date: 23.5.78 Commencement Date: 1.7.78: Government Gazette 14.6.78 p. 1644 : All of Act in operation of Land (Deposits) Act 1980, No. 9423/1980 Assent Date: 20.5.80 Commencement Date: 1.8.80: Government Gazette 2.7.80 p. 2256 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980