Legal Templates
Land Declaration Form

Land Declaration Form for Australia

Land Declaration Form Template for Australia

A Land Declaration Form is a legally binding document used in Australian jurisdictions to formally declare various aspects of land ownership, use, and status. The document serves as an official statement about a particular piece of land, complying with various state and federal legislative requirements including the Statutory Declarations Act 1959 (Cth) and relevant state-based property legislation. It captures essential information about the property, its ownership, intended use, and any specific declarations required by regulatory authorities. This document is particularly crucial for property transactions, development applications, and compliance with foreign investment regulations.

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What is a Land Declaration Form?

The Land Declaration Form is a fundamental document in Australian property law and administration, required in various contexts where formal statements about land ownership, use, or status need to be made. This declaration form is typically used when purchasing or transferring property, applying for development permits, complying with foreign investment requirements, or updating property information with government authorities. The document must comply with both federal legislation, such as the Foreign Acquisitions and Takeovers Act 1975 and the Statutory Declarations Act 1959, as well as relevant state-based property laws. It includes detailed information about the declarant, the property, ownership status, intended use, and various other statutorily required declarations. The form serves as a legal record and may have significant consequences if false or misleading information is provided.

What sections should be included in a Land Declaration Form?

1. Declarant Details: Full legal name, address, and contact information of the person making the declaration

2. Property Identification: Legal description of the property including lot number, plan number, title reference, and street address

3. Current Ownership Details: Information about current ownership status, including any co-owners or interested parties

4. Land Use Declaration: Current and intended use of the land (residential, commercial, agricultural, etc.)

5. Foreign Investment Status: Declaration of whether the declarant is a foreign person under the Foreign Acquisitions and Takeovers Act

6. Title Status Declaration: Declaration regarding any encumbrances, mortgages, or other interests affecting the land

7. Statutory Declaration: Formal declaration statement confirming the truth and accuracy of all provided information

8. Execution Block: Space for signature, date, and witness details as required by statutory declaration requirements

What sections are optional to include in a Land Declaration Form?

1. Native Title Declaration: Required when the land may be subject to native title claims or interests

2. Development Intentions: Required when the declaration is being made in connection with development applications

3. Heritage Status: Required when the property is or may be subject to heritage listings or restrictions

4. Environmental Declarations: Required when the land is subject to environmental protection orders or contamination investigations

5. Water Rights Declaration: Required for rural properties or properties with specific water entitlements

6. Foreign Investment Review Board Details: Required when the declarant is a foreign person requiring FIRB approval

What schedules should be included in a Land Declaration Form?

1. Title Search Results: Current title search showing registered interests in the land

2. Property Plans: Registered plan or survey showing the land boundaries and dimensions

3. Supporting Documents: List of additional documents provided to support the declarations made

4. Identification Documents: Copies of identification documents for the declarant

5. Authority Documentation: Any power of attorney or authority documents if the declaration is made on behalf of another person or entity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Australia

Publisher

Genie AI

Document Type

Declaration Form

Sector

Cost

Free to use
Relevant legal definitions
Land
Property
Declarant
Foreign Person
Beneficial Owner
Interest in Land
Registered Proprietor
Title Reference
Lot
Plan
Parish
County
Encumbrance
Mortgage
Caveat
Easement
Development
Permitted Use
Local Government Area
Zoning
Native Title
Heritage Listed
Environmental Protection Order
Water Rights
Foreign Investment
Statutory Declaration
Witness
Commissioner for Declarations
Justice of the Peace
Related Party
Controlling Interest
Material Change
Supporting Documentation
Relevant Interest
Relevant Industries

Real Estate

Property Development

Construction

Agriculture

Mining

Infrastructure

Legal Services

Financial Services

Public Sector

Foreign Investment

Urban Planning

Environmental Services

Relevant Teams

Legal

Property

Compliance

Corporate Secretariat

Development

Planning

Foreign Investment

Due Diligence

Risk Management

Real Estate

Land Administration

Relevant Roles

Property Lawyer

Conveyancer

Real Estate Agent

Property Developer

Land Titles Officer

Planning Officer

Compliance Officer

Legal Counsel

Property Manager

Development Manager

Foreign Investment Advisor

Town Planner

Environmental Consultant

Land Surveyor

Corporate Secretary

Due Diligence Officer

Industries
Foreign Acquisitions and Takeovers Act 1975 (Cth): Federal legislation governing foreign investment in Australian land, including mandatory declaration requirements for foreign persons acquiring interest in Australian land
Statutory Declarations Act 1959 (Cth): Federal legislation providing the framework for making statutory declarations in Australia, which is essential for land declaration forms
Real Property Act 1900 (State-based): State-based legislation governing the registration and transfer of land titles, including requirements for declarations and notifications
Land Title Act 1994 (State-based): State legislation establishing the Torrens title system and requirements for land ownership registration and declarations
Planning and Environment Act (State-based): State legislation governing land use and development, requiring declarations about intended land use and development plans
Foreign Ownership of Land Register Act (State-based): State-specific legislation requiring declaration of foreign ownership interests in land
Local Government Act (State-based): Legislation governing local council requirements for land declarations and property information
Land Tax Act (State-based): State legislation requiring declarations about land ownership for taxation purposes
Teams

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