Licences for property sales data
A Value-Added Reseller (VAR) licence provides the licensee with permission to use property sales records to create, develop and maintain products they can market as derivative information products - eg for a smartphone application. Up to 59 attributes of data are available for each sale record. No personal details are provided.
VAR licences are:
- not exclusive to one party
- not able to be sub-licensed to another organisation or person.
The data available contains South Australia's property sales records from 1 January 1993. New records are provided to licensees each week.
The Licensee is required to pay Land Services SA (LSSA) a royalty of 12.5% of all commercialisation revenue earned by the licensee during the term of the VAR licence.
Applying for a VAR licence
Applying for a VAR licence is a two stage process:
- Submit a Stage 1 Application Form to LSSA.
- If the Stage 1 Application Form is accepted, submit a Stage 2 Application Form to Registrar-General.
Before applying you should read and understand the:
- terms and conditions of the VAR licence, which are set out in a standard Data Access Sub-Licence Agreement
- mandatory evaluation criteria against which your application will be assessed (minimum mandatory specifications )
Further details of the process are described below.
You must submit the Stage 1 Application Form to DataAccess@landservices.com.au.
In consideration of this application, LSSA will at all times act in good faith in relation to, and not discriminate against, applicants or Licensees either in favour of itself or other applicants or Licensees.
Within 10 business days of receipt of an application, LSSA will assess the application against the mandatory criteria contained in the application form.
LSSA will then provide the Registrar-General with a copy of the application and their assessment of the application against the mandatory criteria.
If LSSA determines that the application meets the mandatory criteria it will notify the applicant of the result of the assessment and request that the applicant provides the Stage 2 Application Form to the Registrar-General within 30 business days or receiving notification from LSSA.
If LSSA determines that the application does not meet the Mandatory Criteria it will notify the applicant in writing of the assessment findings and inform the applicant of the right to appeal the decision.
Applicants must submit the Stage 2 Application Form to DPTI.RegistrarGeneral@sa.gov.au.
The Stage 2 Application Form must be lodged with the Registrar-General within 30 Business Days of receiving notification from LSSA that the Stage 1 Application Form meets the mandatory criteria.
Within 20 business days of receipt of a Stage 2 Application Form and the accompanying required documentation, the Registrar-General will assess the information provided, including the Stage 1 Application Form, and determine whether to approve the applicant as a Licensee.
In determining whether to approve or reject the applicant as a licensee the Registrar-General may have regard to any matters the Registrar-General considers relevant (acting reasonably), including:
- public policy and public interest concerns
- the privacy of natural persons
- the security and integrity of the data proposed to be made available
- national security.
The Registrar-General will provide notice in writing of his or her decision to approve or not approve the Stage 2 Application Form to both the applicant and LSSA. If the Registrar-General approves the applicant as a licensee, LSSA will within five business days of being notified deliver to the applicant two signed counterparts of the Data Access Sub-Licence Agreement.
Right to appeal
The applicant may, within 20 business days of the occurrence of any of the following events, provide the Registrar-General with an Appeal Notice:
- receipt of a notice from LSSA that the Stage 1 Application Form does not meet the Mandatory Criteria and the applicant does not agree with LSSA's assessment
- LSSA not responding to the applicant's submission of the Stage 1 Application Form within the required 30 business day timeframe
- LSSA not providing two signed counterparts of the Data Access Sub-Licence Agreement within 5 business days of the Registrar-General notifying LSSA of the approval of the Stage 2 Application Form.
If the Appeal Notice in relation to LSSA's determination that the applicant does not meet the Mandatory Criteria, the Registrar-General will, within 40 business days of receipt of the Appeal Notice, determine whether the applicant meets the mandatory criteria and provide notice in writing of its decision to the applicant and LSSA.
If a Stage 2 Application Form has not yet been submitted to the Registrar-General and the Registrar-General determines that the application meets the mandatory criteria, the Registrar-General will notify the applicant of the result of the assessment and request that the applicant provide the Stage 2 Application Form within 30 business days.
If the Appeal Notice is in relation to LSSA not responding to the submission of the Stage 1 Application Form, or not providing two signed counterparts of the Data Access Sub-Licence Agreement, the Registrar General will direct LSSA to respond or provide the counterparts (as applicable).
The application process, including the licence terms and conditions and the assessment process will be reviewed every five years.
This process will include a series of workshops with current and previous applicants and licensees (to the extent they wish to participate), representatives of LSSA, and stakeholders specified by the state.
LSSA will prepare a report detailing the outcomes of the workshops and any proposed changes.
Any changes to the data access regime agreed to between LSSA and the state will be publicly available. If any applicant or Licensee has concerns about the conduct of LSSA relating to the data access regime, they may contact the Registrar-General in writing to DPTI.RegistrarGeneral@sa.gov.au.