Land Sales Act 1984

This Act may be cited as the Land Sales Act 1984.

The objects of this Act are—

to facilitate property development in Queensland; and

to protect the interests of consumers in relation to property development; and

to ensure that proposed lots are clearly identified; and

to achieve the objects mentioned in paragraphs (a) to (c) without imposing procedural obligations on local governments or MEDQ in addition to their or its obligations under the Planning Act or the Economic Development Act.

This Act applies to the sale of a proposed lot if, when the proposed lot becomes a lot, it will be situated in Queensland.

For subsection (1), it does not matter where the contract for the sale was entered into.

This Act does not apply to the sale of a proposed lot if—

the sale is part of a large transaction; or

the sale arises from the reconfiguration of land into not more than 5 lots.

In this section—

large transaction means the sale of 6 or more proposed lots if—

the seller of each proposed lot is the same person; and

the buyer of each proposed lot is the same person; and

the sale is the subject of—

a single contract; or

2 or more contracts entered into within 24 hours.

reconfiguration, in relation to land, means reconfiguration by subdivision or amalgamation.

A regulation may declare that, subject to any stated conditions, this Act does not apply to the whole or part of land the subject of—

a stated miners homestead under the Land Act 1994, chapter 8, part 7, division 2; or

a stated lease or a stated class of lease under the Land Act 1994.

If a person contravenes a condition to which a declaration under subsection (1) is subject, the Supreme Court may, on the application of a buyer under a contract for the sale of a proposed lot to which the declaration relates, order the person to comply with the condition.

The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading.

Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.

In this section—

inspector means a person who holds office under the FTI Act as an inspector for this Act.

The dictionary in schedule 1 defines particular terms used in this Act.

s 6A (prev) s 6(2)–(3) renum 1999 No. 63s 71 (6), (9)

amd 1999 No. 63s 71(7)–(8)

om 2014 No. 46s 42

This section applies in relation to a provision of this part that refers to—

a thing required or permitted to be done by or in relation to a buyer or seller of a lot or proposed lot; or

a thing having been done by or in relation to a buyer or seller of a lot or proposed lot.

The thing may be done, or the thing may have been done, by or in relation to the buyer or seller either—

personally; or

through an agent who is authorised to act for the buyer or seller in relation to the thing.

s 7A ins 1992 No. 40s 124

sub 1993 No. 82s 35

amd 1997 No. 40s 9

om 2014 No. 46s 43

A person may sell a proposed lot that is State leasehold land, other than a development lease, only if—

the chief executive under the Land Act 1994 has made a subdivision offer for the proposed subdivision of the lot under section 176A of that Act; and

the lessee of the land has accepted the subdivision offer under the Land Act 1994.

Note—

See the Land Act 1994, section 403T for requirements for acceptance of offers under that Act.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

A person may sell a proposed lot that is a development lease only if the Minister has consented, under the Land Act 1994, section 290J, to a plan of subdivision for the development lease dividing the development lease into proposed lots.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

A contract for the sale of a proposed lot entered into in contravention of subsection (1) or (2) is void.

Any person who paid an amount under a contract mentioned in subsection (3) may recover the amount, together with any interest accrued on the amount since it was paid, as a debt from the person to whom the amount was paid.

In this section—

development lease means an existing development lease issued under the Land Act 1962, part 9, division 1 that is taken to be a term lease under the Land Act 1994, section 476.

Section 10, as modified by this section, applies if a person grants an option (the option) to another person—

to purchase a proposed lot; or

to sell a proposed lot.

For subsection (1)—

section 10(1) requires the seller to give the documents mentioned in section 10(1)(a) or (b) to the buyer in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and

any right of termination under section 10 relating to the giving of the documents applies in relation to—

the option; and

a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.

If the seller and buyer enter into a contract for the sale to the buyer of the proposed lot arising from the option, section 10(1) does not require the seller to give the documents to the buyer.

If the buyer is not a party to the contract for the sale of the proposed lot arising from the option, the seller must comply with section 10 before entering into the contract for the sale.

In this section—

buyer means the person who is granted an option to purchase, or grants an option to sell, the proposed lot.

seller means the person who grants an option to purchase, or is granted an option to sell, the proposed lot.

The seller of a proposed lot must give the proposed buyer of the lot, before the proposed buyer enters into a contract for the sale of the lot—

a disclosure plan and disclosure statement for the proposed lot; or

a copy of the plan of survey for the proposed lot approved by the relevant local government under the Planning Act or by MEDQ under the Economic Development Act.

The seller of a proposed lot does not fail to give the buyer a disclosure plan or disclosure statement under subsection (1)(a) merely because the plan or statement, although substantially complete as at the day the contract is entered into, contains inaccuracies.

If the seller of a proposed lot fails to comply with subsection (1), the buyer may terminate the contract for the sale of the lot by written notice given to the seller before the contract is settled.

In this section—

disclosure plan means a disclosure plan complying with section 11.

disclosure statement means a disclosure statement complying with section 12.