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Use of land data by government entities

On 12 October 2017, Land Services SA was appointed as the exclusive provider of certain lands titling and valuation services on behalf of the State (Land Services Commercialisation Project), previously performed by the DPTI Land Services Group. Land Services SA has been granted the exclusive right to commercialise certain information of the State relating to lands titling and registration, valuation, spatial and cadastral data (LSG Information).  As a result, the State has agreed to certain restrictions on the State's use of such information in future.

Government entities are entitled to use the data for Authorised purposes.  Government entities are defined as:

  • South Australian State government agencies
  • Other Australian State government agencies
  • Commonwealth of Australia government agencies
  • Local government authorities
  • Universities for Academic purposes

If you are needing to access land based information and are from a government entity please contact the Office of the Registrar-General at DPTI.DataRequestsORG@sa.gov.au.

Definitions for terms and conditions

The Data Supplier has agreed to supply to the Data User and the Data User has agreed to access and use the Data pursuant to the Terms and Conditions of this Agreement.  The following definitions apply to terms used in those terms and conditions.

TermDefintion
Authorised purposemeans the permitted use of the Data described in required dataset or datasets.

Commercialise

means, in respect of the Data and any Derivative Products, the distribution, sale, provision of access to, licensing or hire, or offering for distribution, sale, access, licensing or hire(whether for remuneration or otherwise), to any person, of the Data or anything that embodies any of the Data (including any Derivative Products).

Confidential Information

means the confidential information of a party which relates to the subject matter of this Agreement and includes confidential information relating to the State or the State's customers.

Data

means the digital data and any metadata the Data Supplier will supply to the Data User.

Derivative Product

means any report, program, enquiry, tool or information product or service that incorporates any of the Data, whether whole or in part.

Information Privacy Principles

means the State of South Australia’s Cabinet Circular PC012 - Information Privacy Principles Instructions including as amended, updated, superseded and replaced from time to time.

Intellectual Property Rights

means any patent, copyright, trademark, trade name, design, trade secret know how or other form of confidential information or any right to registration of such rights and any other form of intellectual property right, whether arising before or after the execution of this Agreement.

Personal Information

Personal Information

means:

(a) 'personal information' as defined in the Privacy Act;

(b) any information other than the information described in paragraph

(c) that is regulated by, or under, any Privacy Law; and

(d) any information other than the information described in paragraph

  • (a) or (b) that could be used to identify an individual, including any information that could uniquely identify a property.

Privacy Act

Means the Privacy Act 1988 (Cth)

State

means the Crown in right of the State of South Australia

Terms and conditions for the supply and use of land data by government entities

Term

This Agreement commences on the date that the Data Supplier executes this Agreement and continues until it is terminated.

License and Intellectual Property Rights

  1. The Data Supplier grants to the Data User a world-wide, non-exclusive, royalty free license to use the Intellectual Property Rights in the Data solely to the extent required to enable the Data User to access and use the Data for the Authorised purpose and for the term of this agreement.

  2. All Intellectual Property Rights in the Data remain with the State.

Data User Responsibilities

The Data User; Access To and Use of the Data:

  1. must use the Data strictly in accordance with the Authorised Purpose, and not for any other purpose,
  2. must not Commercialise, or enter into any arrangement to Commercialise, the Data or allow any third party to Commercialise the Data,
  3. must not modify any underlying Data, except as permitted by this Agreement, without consultation with, and the written consent of, the Data Supplier,
  4. may merge the Data with any other data provided that it is used strictly in accordance with the Authorised Purpose,
  5. must not use the Data to compile mailing lists or other person-specific lists or otherwise for the purpose of direct marketing,
  6. must not disclose, publish or otherwise on-supply the Data, or any part of the Data, to the public or any third party except as permitted by this Agreement, unless otherwise agreed by the parties in writing, and
  7. may share the Data with a contracted party on the same terms and conditions as stated here provided that the contracted party is undertaking work strictly in accordance with the Authorised purpose.

Protection of the Data

  1. ensure that access to the Data does not compromise in any way the security and integrity of the Data such that the Data is not:
    1. accessed by any unauthorised person(s); or
    2. modified or reconstituted in any way, other than as contemplated by the Authorised Purpose;
  2. take such steps as are necessary, and provide such cooperation to the Data Supplier and the State as is necessary, in order to preserve any Intellectual Property Rights of the State in relation to the Data.

Data Supplier Responsibilities

The Data Supplier must use reasonable endeavours to assist the Data User to deal with problems encountered by the Data User in relation to accessing the Data.

Privacy

  1. The Data User must ensure that the collection, holding, use, disclosure, storage and processing of Personal Information provided to or acquired by the Data User in connection with this Agreement:
    1. complies with the Privacy Laws,
    2. complies with any requirements specified by the State relating to Personal Information from time to time,
    3. complies with the Information Privacy Principles as if the Data User it were an agency to which the Information Privacy Principles apply, and
    4. does not cause the Data Supplier to breach any obligations it owes in respect of Personal Information including under the Information Privacy Principles.

Confidentiality

  1. A party must not, without the prior written approval of the other party, disclose the other party's Confidential Information, unless the party is legally required to disclose the other party's Confidential Information.
  2. Each party will take all reasonable steps to ensure that its employees and agents do not disclose the other party's Confidential Information.
  3. The Data User will return to the Data Supplier on demand any documents supplied by the Data Supplier to the Data User in connection with this Agreement.

Warning and Copyright Statement

Copyright in this information belongs to the South Australian Government and the South Australian Government does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose. This information must not be published, disclosed or otherwise on-supplied to the public or any third party, unless expressly permitted by the State. The commercialisation of this information is strictly prohibited.

Fees and Charges

The Data User must pay to the Data Supplier the fees and charges (if any) at the rate and in the manner specified by notice.

For individuals, businesses or non-government organisations, a range of valuable datasets information is available through Land Services SA custom data extracts.