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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

Recitals

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 Memorandum and each Schedule entered into by the Data Supplier and the Data User under this Memorandum

Notes

Trusted Access Principles

The provision of Data under this Memorandum and any Schedule is subject to the Public Sector (Data Sharing) Act 2016 (SA), under which the "Trusted Access Principles" arise (see section 7 of that Act).

As such, regard must be had to the Trusted Access Principles in completing this Memorandum and any Schedule.  Please refer to the guidance notes throughout which provide commentary in relation to the Trusted Access Principles (amongst other things).


1. Acknowledgements

The Data Supplier and the Data User each acknowledge and agree that:

1.2           the provision of Data under this Memorandum and any Schedule is subject to the Public Sector (Data Sharing) Act 2016 (SA) and the parties will do all things necessary to comply with the requirements of that Act;

1.3           it will fully cooperate with the other party to fulfil its commitments under this Memorandum and any Schedule and will act reasonably and in good faith with respect to matters that relate to this Memorandum and any Schedule; and

1.4           the State has entered into a contractual relationship with Land Services SA relating to the use of data, including the Data, and for the purposes of that contractual relationship it is important that Data User’s access to, and use of, the Data be in accordance with the terms of this Memorandum and any Schedule and limited to the Authorised Purpose.

2. Schedules

2.1           From time to time, the parties may enter into a Schedule in relation to the supply of, access to and use of particular Data.

2.2           Each Schedule is governed by the terms of this Memorandum.

2.3           The Responsible Managers have delegated authority to agree, execute and amend the Schedules on behalf of the parties.

3. Term and Data Supply Period

3.1 Term

This Memorandum commences on the date that the last party executes this Memorandum and continues until it is terminated in accordance with clause 12.

3.2 Data Supply Period

The Data Supplier must comply with its obligation under clause 5.1 during the Data Supply Period applicable to each Schedule.

Note that if the Data Supply Period is to be for the term of the Memorandum, complete section 6 of the Schedule (End of Initial Data Supply Period) by inserting the words "the date that the Memorandum terminates" in section 6 of the Schedule.  See also the guidance notes to section 6 of the Schedule.

3.3 Extension of Initial Data Supply Period

Subject to clause 12, the Initial Data Supply Period for a Schedule:

(a)            will be extended for the further period specified in section 8 of that Schedule (if any) unless either party has given to the other party not less than one months' written notice of its intention not to extend the Initial Data Supply Period; or

(b)            may be extended as agreed by the parties in writing.

4.  Supply of Data

4.1           Subject to clause 5.2 and clause 6, the Data Supplier will supply Data to the Data User in the format and at the times specified in sections 11 and 12 of a Schedule.

4.2           The Data Supplier expressly reserves the right to change the format in which the Data is delivered to the Data User at any time after giving reasonable notice to the Data User of its intention to do so.

5. Laws, Policies and Other Obligations

Without limiting any other right of the Data Supplier under this Memorandum, provided that the Data Supplier gives the Data User notice, the Data Supplier may:

5.1           exclude information from the Data that it supplies to the Data User under this Memorandum (and any Schedule);

5.2           terminate any Schedule; or

5.3           terminate this Memorandum,

if the Data Supplier would contravene any law, or other obligation on the State, or any State policy, by suppling the Data to the Data User.

6. Exclusions

The Data User may need to acquire and install software to access the data files made available by the Data Supplier on State infrastructure. The Data User accepts all responsibility for acquiring such software, including the cost of doing so.

7. Data Security Classifications

The Data User acknowledges and agrees that:

7.1           the Data Security classifications set out in section 10 of a Schedule apply to the Data to which that Schedule relates; and

7.2           it will comply with those Data Security classifications.

8. Data User Responsibilities

8.1           Access To and Use of the Data

The Data User:

(a)            must use the Data strictly in accordance with the Authorised Purpose, and not for any other purpose, and must comply with any additional data restrictions specified in section 5 of the relevant Schedule;

(b)            must ensure that the Data is accessed and used in accordance with the terms and conditions of this Memorandum, the relevant Schedule, and any State Government policy;

(c)            must not Commercialise, or enter into any arrangement to Commercialise, the Data or allow any third party to Commercialise the Data;

(d)            must not modify any underlying Data, except as permitted by this Memorandum or the relevant Schedule, without consultation with, and the written consent of, the Data Supplier;

(e)            may merge the Data with any other data or enhance the Data provided that it is used strictly in accordance with the Authorised Purpose and in compliance with any additional data restrictions specified in section 5 of the relevant Schedule; and

(f)             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 Memorandum or the relevant Schedule, unless otherwise agreed by the parties in writing.

8.2 Protection of the Data

The Data User must:

(a)

ensure that access to the Data does not compromise in any way the security and integrity of the Data, including by having appropriate security and technical safeguards in place (such as secure login, user authentication, encryption and supervision or surveillance), such that the Data is not:

(A)           accessed by any unauthorised person(s); or

(B)           modified or reconstituted in any way, other than as contemplated by the Authorised Purpose;

(b)

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; and

(c)

ensure that the warning and copyright statements set out in section 9 of the relevant Schedule are displayed on copies of the Data as follows:

(A)           the First Statement is displayed on all copies of the Data circulated internally within the office of the Data User or to any other agency or instrumentality of the State; and

(B)           the Second Statement is displayed on all copies of the Data disclosed externally, as permitted under this Memorandum or a Schedule.

8.3 Restricted Data

The Data User:

(a)

acknowledges that the Data may include information that the Registrar-General has prevented or restricted access to under sections 65(2) and 93(5) of the Real Property Act 1886 (SA), including but not limited to the data specified in section 6 of a Schedule and any other data identified by the Data Supplier as being subject to a restriction on access (Restricted Data);

(b)

must not disclose the Restricted Data;

(c)

must ensure that the Restricted Data is not used in any way that would allow the public to search or access the Restricted Data by using a person’s name, address or any other personal identifier; and

(d)

must ensure that if the Data User uses, searches or accesses the Restricted Data in any way, the Data User must:

(A)           restrict the number, and maintain a record, of its personnel that may use, search or access the Restricted Data; and

(B)           obtain written confirmation from such personnel that they acknowledge that the Data may include Restricted Data, and that they are aware of, and agree to comply with, the terms of the Memorandum and this Schedule, including this clause 9.3.

9. Privacy

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 Memorandum:

9.1        complies with any requirements specified by the State relating to Personal Information from time to time; and

9.2        complies with the Information Privacy Principles.

10. 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 in section 13 of the Schedule. The parties acknowledge that the fees and charges (if any) have been calculated based on the principle of cost recovery.

11. Termination

Either party may terminate this Memorandum with upon 20 Business Day’s written notice to the other party.

12. Operational Contacts and Responsible Managers

12.1        Operational contact with the Office of the Registrar-General can be made by email at DPTI.DataRequestsORG@sa.gov.au.  The responsible manager representing the data supplier is the person holding the position of Manager ICT and Innovation in the Office of the Registrar-General.  The responsible manager for the data user is the person invited to complete the MoAA.

12.2        Either party can change its Operational Contact or Responsible Manger by notice to the other party.

13. Variation

This Memorandum and any Schedule may only be varied by mutual agreement of the parties in writing.

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