Community Titles (Fees) Variation Regulations 2018 (SA)

South Australia

Community Titles (Fees) Variation Regulations 2018

under the Community Titles Act 1996

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Community Titles Regulations 2011

4            Substitution of Schedule 2

Schedule 2—Fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Community Titles (Fees) Variation Regulations 2018.

2—Commencement

These regulations will come into operation on 1 July 2018.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Community Titles Regulations 2011

4—Substitution of Schedule 2

Schedule 2—delete the Schedule and substitute:

Schedule 2—Fees

1	Examination of plan to be lodged with application under Act before application is lodged (section 144 of Act)—
(a)     for application for division of land by plan of community division (section 14 of Act)—
(i)      if there are 5 lots or less	$482.00
(ii)     if there are more than 5 lots	$963.00
(b)     for any other application	$482.00
2	Application for division of land by plan of community division (section 14 of Act)—
(a)     for examination of application	$403.00
(b)     for examination of plan of community division not subject to prior approval under section 144 of Act—
(i)      if there are 5 lots or less	$482.00
(ii)     if there are more than 5 lots	$963.00
(c)      for deposit of plan of community division	$148.00
(d)     for each lot requiring issue of certificate of title	$87.50
(e)      for filing of scheme description	$163.00
(f)      for filing of by‑laws	$163.00
(g)      for filing of development contract	$163.00
3	Application to amend schedule of lot entitlements (section 21 of Act)	$163.00
4	Filing of copy of certified scheme description as amended (section 31 of Act)	$163.00
5	Filing of certified copy of by‑laws as varied (section 39 of Act)	$163.00
6	Maximum fee for purchase from corporation of copy of by‑laws (section 44 of Act)	$49.25
7	Fee for purchase from Registrar‑General of copy of by‑laws filed with plan of community division (section 44 of Act)	$10.60
8	Filing of certified copy of development contract as varied or agreement to terminate development contract (section 50 of Act)	$163.00
9	Maximum fee for purchase from corporation of copy of development contract (section 51 of Act)	$49.25
10	Fee for purchase from Registrar‑General of copy of development contract filed with plan of community division (section 51 of Act)	$10.60
11	Application for amendment of deposited community plan (section 52 of Act)—
(a)     for examination of application	$306.00
(b)     for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 144 of Act	$482.00
(c)      for each lot requiring issue of certificate of title	$87.50
(d)     for filing of amended scheme description	$163.00
12	Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 58 of Act)—
(a)     for examination of application	$306.00
(b)     for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 144 of Act	$482.00
(c)      for each lot requiring issue of certificate of title	$87.50
13	Application for amalgamation of deposited community plans (section 60 of Act)—
(a)     for examination of application	$306.00
(b)     for examination of plan of community division not subject to prior approval under section 144	$482.00
(c)      for deposit of plan of community division	$148.00
(d)     for each lot requiring issue of certificate of title	$87.50
(e)      for filing of scheme description	$163.00
(f)      for filing of by‑laws	$163.00
14	Application for cancellation of deposited community plan (sections 64 and 65 of Act)—
(a)     for examination of application	$306.00
(b)     if application is for cancellation of primary plan—
(i)      for examination of plan that delineates outer boundaries of primary parcel	$482.00
(ii)     for filing of plan	$148.00
(c)      for each certificate of title to be issued	$87.50
15	Application to note Court order for cancellation of community plan (sections 64 and 67 of Act)—
(a)     for noting the order	$306.00
(b)     if application is for cancellation of primary plan—
(i)      for examination of plan that delineates outer boundaries of primary parcel	$482.00
(ii)     for filing of plan	$148.00
(c)      for each certificate of title to be issued	$87.50
16	Filing of notice of appointment, removal or replacement of administrator (section 100 of Act)	$163.00
17	Filing of resolution to elect to use Act (Schedule clause 2)	$163.00
18	Submission of outer boundary plan (regulation 8)—
(a)     for examination of plan	$963.00
(b)     for filing of plan	$148.00
19	Fee for re‑examination of plan when amended after approval for deposit is given	$148.00
20	Lodgement of any other document required by Act	$163.00

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 31 May 2018

No 61 of 2018

T&F18/025CS