South Australian Current Acts South Australian Current Acts (1) The purpose of a
development contract is—
(a) to
place a developer under a binding obligation to do one or both of the
following—
(i)
to develop a development lot;
(ii)
to develop the common property, or a part of the common
property,
in accordance with the scheme description; or
(b) to
place a developer under a binding obligation to develop a community lot in
accordance with the scheme description.
(2) A development
contract must—
(a) be
in a form approved by the Registrar-General and be executed by the developer
in a manner approved by the Registrar-General; and
(b)
identify the land to be developed; and
(c) set
out the developer's obligations for the implementation of the
scheme description in relation to the development of the land concerned; and
(d)
state whether development authorisation under the Planning, Development and
Infrastructure Act 2016 will need to be obtained before development in
accordance with the contract can proceed; and
(e)
include an undertaking by the developer that he or she will interfere as
little as is reasonably practicable with the use and enjoyment of the lots and
common property in the course of performing his or her obligations under the
contract; and
(f)
include an undertaking by the developer to repair, or to pay the costs of
repairing, any damage caused by the developer to the common property or to a
lot or to any building or other improvement on the common property or a lot;
and
(g) if
the developer is to be under an obligation to apply for division under this
Act of a development or community lot—include a plan delineating the
boundaries of the lot to be divided that indicates, as far as possible, the
likely position of the lots and the common property (if any) into which it is
to be divided (if no decision has been made as to the position of the lots and
common property the contract must include a statement to that effect instead
of the plan required by this paragraph); and
(h) set
out the means by which the developer will obtain access to the
development lot, common property or community lot and the part or parts of the
community parcel that the developer will need to occupy or have access to; and
(i)
set out the obligations (if any) of the
community corporation and owners and occupiers of lots; 1 and
(j)
state the days on which and the hours during which the developer may carry out
building and landscaping work and perform the other obligations under the
contract; and
(k)
state the time for fulfilment by the developer of his or her obligations under
the contract; and
(ka) be
endorsed with a certificate, in the form prescribed by regulation, from the
person who prepared the development contracts certifying that the development
contracts have been correctly prepared in accordance with this Act; and
(l)
include any other provisions required by the regulations.
(3) Where
the developer's obligations under a contract include the construction or
erection of a building or other facility, the contract must specify the
position of the building or facility and include a brief description of the
design, dimensions, methods and materials of construction and external
appearance of the building or facility and a pictorial representation of the
appearance of the building or facility after completion.
(4) Where
the developer's obligations under a contract include landscaping, the contract
must identify the area to be landscaped, briefly describe the nature of the
landscaping and include a plan of the area showing the design of the proposed
landscaping.
(5) A development
contract may specify the standard to which the developer will perform the work
required by the contract and the standard of the materials to be used but if
the contract does not specify those standards it will be a term of the
contract that the developer will perform the work required by the contract to
the highest standard using materials of the highest standard.
(6) The regulations
may require a developer to provide security of a specified kind to a
community corporation in accordance with the regulations in relation to
the developer's obligations under the development contract.
Explanatory Note—
1 The obligations of a corporation or the owner or
occupier of a lot will normally be confined to providing access to, or
allowing occupation of, various parts of the community parcel by the developer
for the purpose of fulfilling obligations under the contract.