Your Name Your Email
Your Property Address 1. Capacity Is the vendor under any legal incapacity? Such as: Minority Bankruptcy or entering a Part X Arrangement under the Bankruptcy Act 1966 (Cth) If the vendor is a company, any notice, an application or order received by the vendor or made
at Court for its winding up, or for the appointment of a receiver, an administrator or a controller 2. Notices and orders (a) Is the vendor aware of or has the vendor received any notice or order or requirement of any authority or any adjoining owner affecting the property? Such as: Notices or orders from the Local Land Service about pests or eradication. Notices from a local council about noxious weeds. Notices or orders issued under the Environmentally Hazardous Chemicals Act 1985
(NSW). Notices or orders under section 142 of the Mining Act 1992 (NSW). (b) Has any work been done by any authority which might give rise to a notice, order or liability? (Such as road works done by local council). (c) Has the vendor received any verbal notices or proposed orders from any local council, Local
Land Service or government authority concerning any proposed action that could affect the
property in any way? If so, please provide particulars including any copies of any relevant
(a) Subject to the contract, on completion the vendor should be registered as proprietor in fee simple of the property free from all encumbrances
(b) On or before completion, any mortgage caveat or writ must be discharged, withdrawn or
cancelled as the case may be or, in the case of a mortgage or caveat, an executed discharge
or withdrawal handed over on completion. (c) Are there any proceedings pending or concluded that could result in the recording of any writ
on the title to the property or in the General Register of Deeds? If so, full details should be
provided at least 14 days prior to completion (d) When and where may the title documents be inspected? 4. Adjustments
(a) All outgoings referred to in clause 14 of the Contract must be paid up to and including the date
(b) Is the vendor liable to pay land tax or is the property otherwise charge or liable to be charged
with land tax? If so:. (i) To what year has a return been made?
(ii) What is the taxable value of the property for land tax purposes for the current year? 5. Unregistered documents
Is the vendor aware of any unregistered:
(a) Easement such as a right of way over the property? (b) Lease? (c) Conversation Agreement? (d) Property Vegetation Plan? 6. Personal Properties Securites Act 2009 (Cth)
Are there any interest recorded against the vendor on the Personal Properties Securities Register? If yes:
(i) Are such registrations transitional (having been migrated from the Australian Securities and Investments Commission Register of Charges)?
(ii) Do such registrations relate to any personal property included in this sale?
(iii) Undertakings to Release or Verification Statements, in relation to all registrations affecting any personal property included in this sale must be provided at or before completion;
(iv) Are any registration of any personal property of the vendor, though not related to this sale, in relation to “all present and after acquired property”? If yes, then satisfactory evidence must be received by the purchaser no later than 14 days prior to completion confirming such registrations do not relate to any personal property of the vendor.(b) Please provide:
(i) Full names (including any former names) and dates of birth of all vendors;
(ii) ABNs and ACNs of all vendor companies.
(iii) Full names (including any former names) and dates of birth of all directors of the vendor
companies. 7. Agricultural tenancies etc>
(a) Vacant possession of the property must be given on completion unless the Contract provides
(b) Are there any agreements or arrangements which would create a “tenancy” within the meaning
of the definition of “tenancy” as contained within Section 4 of the Agricultural Tenancies Act
1990 (NSW)? (Such as farming, grazing, share farming or agistment agreements).
(i) The nature of the tenancy;
(ii) The date of termination of the tenancy;
(iii) Particulars of any written agreement; (please supply a copy);
(iv) Particulars of any oral agreement. (c) If there is an agreement or arrangement as mentioned in sub clause (b) has the tenant carried
out any improvements on the property, with or without the vendor's consent, for which the
tenant is entitled to compensation from the vendor? (d) (Has the vendor carried out any improvement on the property for which the tenant is liable to
compensate the vendor? (e) Are there any unresolved disputes between the vendor and a tenant pursuant to an agreement
which creates an interest in the land? (f) Are there any fixtures on the property which the tenant may have right to access or removal? (g) Are there any details/documents that record the condition of the property at the
commencement of the tenancy? If yes, please provide copies. 8. Buildings>
(a) Are there any structures on the property that have not been approved by the local council or
which are used for a purpose that has not been so approved?
(b) Have the provisions of the Local Government Act 1993 (NSW) and the Environmental Planning
and Assessment Act 1979 (NSW) been complied with? (c) Is there any matter that could justify the making of an upgrading or demolition order in respect
of any building or structure? (d) Has the vendor obtained a Building Certificate and/or Final Occupation Certificate which
relates to all current buildings or structures? If so, it should be handed over on completion.
Please provide a copy in advance. (e)In respect of any residential building work carried out in the last six years:
(i) Please identify the building work carried out;
(ii) When was the building work completed?
(iii) Please state the builder's name and licence number;
(iv) Please provide details of insurance under the Home Building Act 1989 (NSW). (f) Has there been any complaint or insurance claim made, or any circumstance known to the
vendor which may warrant a complaint or insurance claim due to the non-completion, defective
work or otherwise from a breach of the statutory warranties under the Home Building Act 1989
(NSW) related to residential building work carried out on the property? If so, full details should
be provided. 9. Swimming pools
(a) Has the pool been approved by the local council?
(b) Does it comply with all the requirements of the Swimming Pools Act 1992 (NSW)? (c) Has a fence and signage been erected around the swimming pool? (d) Has the vendor obtained a Certificate of Compliance pursuant to section 22D of the Swimming Pools Act 1992 (NSW)? If so, please provide a copy. (e) If not annexed to the Contract, please provide evidence of registration, eg. Certificate of
Registration of the swimming pool pursuant to section 30C of the Swimming Pools Act 1992
(NSW) and a relevant occupation certificate. 10. Solar Panels
(a) Do any improvements erected at the property have installed solar panels?
(b) If so, are the solar panels encumbered in any way? If so, please provide full details.? (c) If so, will the purchaser be taking over the electricity account for the property? (d) Is there any other energy buy back arrangement in place? If so, can it be assigned to the
purchaser? (e) Please provide a copy of the supply agreement for the solar panels including particulars of the
Contract price. (f) Does the supply agreement provide for the agreement to be assigned to a new owner of the
property? (g) Does the rate per kW of power generated in dollar terms remain constant during the term of
the supply agreement? (h) Does the NSW Solar bonus Scheme apply? If so, please provide details. 11. Rates
(a) What government, local government or statutory authorities levy rates on the property? (Such
as local council or Local Land Service)).
(b) Has the property been declared “farmland” for rating purposes under the Local Government
Act 1993 (NSW)? (c) Are there any deferred rates attaching to the property? Please provide particulars. 12. Boundary fences
(a) Are there any give and take fences on the property?
(b) Are there any boundaries along watercourses and, if so, how are they fenced? (c) Are there any notices from neighbours or statutory authorities about the erection or repair of
any boundary fence? (d)Is there any agreement, written or oral, with any neighbour about the erection or repair of a boundary fence? 13. Soil conservation
(a) (i) Are there any agreements about soil conservation affecting the property?
(ii) Please provide copies of any licences or agreements.
(iii) Are there any monies outstanding under any licence or agreement?
(b) Is the land or any part of it within an area of erosion hazard under the Soil Conservation Act
1938 (NSW)? (c) Is there any charge affecting the land under section 22(5) the Soil Conservation Act 1938 (NSW)? (d) Are there any circumstances known to the vendor that could give rise to soil conservation
liabilities in the future? 14. Timber
(a) (i) Are there any agreements with any authority or anyone else about the felling or
removal of timber from the property?
(ii) Please provide copies of any licences or agreements.
(iii) Are there any monies outstanding under any licence or agreement?
(b) Is the vendor aware of any of the following being granted to or held by the vendor or any other
person under the Forestry Act 2012 (NSW) in respect of the property:
(i) Forest lease or licence;
(ii) Forest products licence;
(iii) Clearing licence;
(iv) Profit-a-prendre; or
(v) Any other lease, licence, permit, right or interest? 15. Water
(a) Is the vendor entitled to have water supplied to the property by any authority? If so, please
supply details and if any meter or works are situated on lands other than the property please
advise what rights or agreements exist.
(b) Is any water available to the property:
i. From any well, bore or any dam that is not wholly on the property; or
Under any private water agreement? If so, what rights exist in respect to any private water
agreement and please supply copies of any agreement. (c) Is the land in a water sharing plan area under the Water Management Act 2000 (NSW)?
(d) Does the vendor hold any water rights or licence, permit or authority under the Water Act 1912
(NSW) or the Water Management Act 2000 (NSW); or, the benefit of any applications under
either Act not yet dealt with? Please supply copies of all licences, permits, authorities,
application or correspondence in respect of such applications. (e) Is the vendor liable to any authority, or to any other person, to pay for water or for water rights? (f) (i) Have any dams or other earthworks been constructed on any water course on the
(ii) If so, was any permission for the construction sought or given by any relevant authority? (g) Are there any bore trusts that affect the property? If so, please provide:
(i) The name and contact details of the secretary or relevant office bearer of the trust;
(ii) Details of licences or permits in respect of the bore;
(iii) If water is conveyed from the bore to the property through other properties please supply
details of owners of those properties and copies of any easements or agreements. (h) If there a dam on the property which exceeds the maximum harvestable right dam capacity
which is used for irrigation or which is used for watering a commercial crop or an intensive
livestock industry, has the dam been approved by and registered with NSW Office of Water?
Has a licence issued for the dam? If so, please provide a copy of the licence.
(i) Did the dam require the approval of local council? If so, please provide a copy of such
approval. 16. Electricity
(a) Which electricity authority supplies electricity to the property?
(b)Is there any money owing to that authority for capital works? 17. Access, roads and enclosure permits
(a) Is access to the property at any point over any land other than a main or public road?
(Such as a right of way or access over Local Land Service property).
(b) Are there any rights of way or other easements over the property? (c) Is the vendor aware of any proposal to close, or any application or pending application to close
or any proposal to purchase any road adjacent to the property? (d) Is the vendor aware of any proposed realignment of any road adjacent to the property? (e) Is there any main road, public road or Crown road through the property at any point? (f) Is there any enclosure permit that attaches to the property? (g) Has the vendor or a predecessor in title made an application to close or to purchase a road
with the property? If so, please advise the status of the application. 18. Rural workers accomodation
(a) Is there any building situated on the land for the accommodation of rural workers?
(b) If so:
Have the requirement of the Rural Workers Accommodation Act 1969 (NSW) and Work Health
and Safety Act 2011 (NSW) been complied with? (c) Is the vendor aware of any notice, prosecution or proceedings including enforcement
proceedings, under the Rural Workers Accommodation Act 1969 (NSW) and Work Health and
Safety Act 2011 (NSW) that have been instituted or threatened against the vendor or any
previous owner of the property? 19. Stock diseases
(a) Are there any quarantine or other notices or orders or undertakings relating to stock on the
property including stock on agistment or stock not owned by the vendor? (Such as notices or
orders made about anthrax, lice, brucellosis or footrot, Ovine Johnes Disease (OJD) or Bovine
Johnes Disease (BJD)).
(b) Is the property in a protected area or protected (control) area? 20. Pollution
(a) Are there any sheep or other stock dips, whether used or disused, on the property?
(b) Are there any outstanding notices or orders under the Environmentally Hazardous Chemicals
Act 1985 (NSW)? (c) Has the vendor or any tenant, share farmer or previous owner used any chemicals on the property which could give rise to any problems with chemical residues under the Stock (Chemical Residues) Act 1975 (NSW)? (d) Has any Preliminary Investigation Order been made under Section 10 or a Management Order
been made under Section 14 of the Contaminated Land Management Act 1997 (NSW)? If so,
has the land been declared to be significantly contaminated land within the meaning section
11 of the Contaminated Land Management Act 1997 (NSW)? (e) Is there, or has there ever been, any underground fuel tank on the property? If so, please
supply full information about where it is, or was, situated, and if it is still in use or not, and if
not, has it been emptied of fuel and filled with water. Also, has there been any above ground
fuel tank which may have leaked, causing soil pollution? 21. Effluent Disposal Systems
(a) Is there a septic sewage disposal system on the property? If so, please supply evidence of
registration of it with the local council.
(b) If there is no septic sewage disposal system and there is a house on the property, please
supply details of the effluent disposal system used and evidence of registration with the local
council. (c) Has the local council inspected the septic sewage disposal system? (d) Please provide copies of any correspondence from the local council. 22. Resumptions
Is the vendor aware of any resumption, proposed resumption or proposed purchase of the property by
any public authority? (Such as under
National Parks and Wildlife Act 1974 (NSW)). 23. Fixtures
(a) Are the fixtures or inclusions in the sale free of any encumbrances? (b) Any chattels not owned by the vendor, or owned by the vendor and not included in this sale,
must be removed prior to completion..
24. Agreements or disagreements affecting the propertys
(a) Has the vendor or any predecessor in title entered into any agreements with anyone else affecting the property? For example, including but not limited to, conservation agreements, grazing rights, share farming, leases, agistment of livestock, timber getting and trail bike riding from any authority which entitles a party (including a corporation) to enter the property or any
part of it? If so, please provide details and provide a copy of any relevant documentation. (b) Are there any legal proceedings pending or not concluded that involve the property in any
way? (c) Is the vendor aware of any petroleum titles or has the vendor received any notices pursuant to:
(i) Section 142 of the
ining Act 1992 (NSW); or
(ii) Petroleum (Onshore) Act 1991 (NSW)? 25. Crown land
(a) Are there any amounts owing to the Crown for rent or for balance of purchase moneys? If so, please supply full details. (b) Is there any application or pending application to the Crown for conversion or purchase from the Crown? If so, please advise the status of the application or pending application.
Is the vendor aware of any licence, permit or easement for any pipeline over the property, either under
Pipelines Act 1967 (NSW) or otherwise? 27. Mining
Has the vendor any rights or entitlements under the:
Mining Act 1992 (NSW); or (b) Petroleum (Onshore) Act 1991 (NSW)? 28. National Parks & Wildlife
(a) Is there any interim protection order in force over any part of the property under Section 91B of the
National Parks and Wildlife Act 1974 (NSW)?
(b) Is there a conservation agreement affecting the property, or any part of it, under Section 69B
of the National Parks and Wildlife Act 1974 (NSW)? 29. Native Vegetation
(a) Is the land subject to a Native Vegetation Plan? (b) Has the vendor carried out, or caused to be carried out, on the property any clearing of native vegetation as defined in the
Native Vegetation Act 2003 (NSW)? (c) If so:
(i) Was clearing carried out pursuant to a development consent or a Regional Vegetation
Plan approved under the Native Vegetation Act 2003 (NSW)?
(ii) Was clearing carried out in accordance with the terms and conditions of that consent or
(iii) Has clearing allowed by the consent or the plan been completed? (d) Has the vendor, or any previous owner, ever made any application to clear native vegetation
under the Native Vegetation Act 2003 (NSW). If so, what was the result of that application? (e) Has the Director General made any 'stop work' order under Section 37 or given directions for
remedial work under Section 38 of the Native Vegetation Act 2003 (NSW)? (f) Has the vendor, or any previous owner, ever been prosecuted for clearing native vegetation
illegally? 30. Threatened Species
(a) Is the vendor aware of any endangered or vulnerable species or endangered populations or endangered ecological communities as defined in the
Threatened Species Conservation Act
1995 (NSW) on the property? (b) In reference to the Threatened Species Conservation Act 1995 (NSW) are there, or has there ever been, that the vendor knows of, any of the following relating to the property: i. Critical habitat declared under Section 47 and notified on the Register kept by the
Director General of the National Parks and Wildlife Service under Section 55? ii. Any recovery plan published under Section 67? - 7 -
iii. Any draft threat abatement plan published under Section 84? iv. Any licence to harm or pick threatened species population or ecological communities or
damage habitat, granted under Section 91? v. Any species impact statement prepared either for the purposes of the Threatened
Species Conservation Act 1995 (NSW) in accordance with Section 110 or for the
purposes of the Environmental Planning and Assessment Act 1979 (NSW)? vi. any stop work order made by the Director General under Section 91AA or any interim
protection order made under Part 6A of the National Parks and Wildlife Act 1974
(NSW)? (c) If the answer is yes to any of the questions in 30(b)(i)-(vi), please supply full details. 31. Native Title
(a) Is the vendor aware of any Native Title claim lodged under the
Native Title Act 1993 (Cth), or
acts validated under the Native Title (New South Wales) Act 1994 (NSW)?
(b) If so, has the vendor filed an interest to be involved in the determination of such claim under
either the Commonwealth or NSW legislation? (c) If the land is a lease from the Crown, has the use purpose of the lease been altered since 1
January 1994 or is it in the process of being altered? If so, please provide a copy of the
undertaking from the Crown not to seek from the lessee any reimbursement of compensation
payable by the Crown to the Native Title holders. 32. Aboriginal Sites
(a) Has the vendor or any predecessor in title entered into a voluntary or compulsory conservation
agreement concerning Aboriginal sites or relics? If so, please provide a copy of that
agreement/s. (b) Is the vendor aware of any Aboriginal places or relics on any part of the property?
Has the vendor undertaken any activity that constitutes a ‘controlled action’ under the
Protection and Biodiversity Conservation Act 1999 (Cth)? 34. Documents to be handed over on settlement
(a) If the vendor has or is entitled to have possession of the title deeds, any Certificate Authentication Code must be provided seven days prior to settlement. (b) Please list any documents to be handed over on settlement in addition to the certificate of title,
transfer and discharge of any mortgage.