Conveyancing Act 1919 Conveyancing Amendment (Fees) Regulation 1998 (1998-277) [GG No 90 of 5.6.1998, p 4042] (NSW)
New South Wales
under the
Conveyancing His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Conveyancing Act 1919. R. S. Amery MP
Minister for Land and Water ConservationThe objects of this Regulation are:
(a) to increase certain fees payable to the Registrar-General under the Conveyancing Act 1919, and (b) to introduces a new fee for examining a plan for registration where the examination exceeds 4 hours, and
(c) to omit superfluous words from the definition of deposited plan in the Conveyancing (General) Regulation 1992.
The Regulation is made under the Conveyancing Act 1919, including sections 64, 199 and 202 (the general regulation-making power, in particular, section 202 ( 1 ) (d)).
Published in Gazette No 90 of 5 June 1998, page 4042 Page 1
1998 No 277
| Clause 1 | Conveyancing Amendment (Fees) Regulation 1998 |
eyanci
1 Name of Regulation
This Regulation is the Conveyancing Amendment (Fees)
Regulation 1998.
2 Commencement
This Regulation commences on 1 July 1998.
| mendment of Conveyancing (General) Regulation 1992 |
The Conveyancing (General) Regulation 1992 is amended as set
out in Schedule 1 .
4 Note
The explanatory note does not form part of this Regulation.
Conveyancing Amendment (Fees) Regulation 1998
Amendment of Conveyancing (General) Regulation 1992 Schedule 1
(Clause 3)
[1] Clause3 Definitions
Omit the definition of deposited plan from clause 3 (1).
Insert instead:deposited plan means a plan lodged for registration or recording in the office of the Registrar-General, other than a strata plan.
[ 2 ] Schedule 7 Fees
Omit the Schedule. Insert instead:
Schedule 7 Fees
(Clause 33)
Registration in the General Register of Deeds
For each registration, or renewal or vacation of registration, of any writ, order or legal proceeding made under Division 2 of Part 23 of the Act ...................
20.00
For each registration of a crop or wool lien or a stock mortgage, or any other instrument relating to such liens or mortgages, made under the Liens on Crops and Wool
and Stock Mortgages Act 1898 ............................... 20.00 For each registration of a bill of sale, or any other instrument relating to a bill of sale, made under the Bills
of Sale Act 1898.. ................................................. 20.00 For removal of a caveat in relation to a bill of sale. 20.00 of being covenants that may be included in a bill of sale, a memorandum containing provisions that are capable For registration under Division 5 of Part 6 of the Act of
crop or wool lien or stock mortgage ....................... 20.00
Conveyancing Amendment (Fees) Regulation 1998
| Schedule 1 | Amendment of Conveyancing (General) Regulation 1992 |
6 For recording or registering any instrument not otherwise provided for in this Schedule ...................
56.00
7 On request for preparation of a registration copy of an
instrument or part of an instrument ......................... 3.90 In addition, for preparation of the copy-such reasonable fee (determined by the Registrar-General) as is warranted by the work involved.
Copies
8 For supplying a copy of a document or part of a
document available from the Document Copy Service
(other than a certified copy, a copy supplied in response
to a telephone request or a copy relating to land the
subject of a community, precinct or neighbourhood plan
under the Community Land Development Act 1989) .. 3.90 In addition, in the case of a document containing 20 or more pages, or if an application is made for multiple copies of a document containing 10 or more pages, such reasonable fee (determined by the Registrar-General) as is warranted by the cost incurred in preparing the copy or copies.
9 For supplying a copy, available from the Document Copy Service:
(a)
of a community, precinct or neighbourhood plan under the Community Land Development Act
1989.. ........................................................ 3.90
(b) of a management statement relating to such a
plan.. ......................................................... 3.90 (c)
of a development contract relating to such a plan 3.90 (d) of an annexure to such a plan, statement or
contract ...................................................... 3.90
10
On lodgment of an application for a certified copy of a document or part of a document in the custody of the Registrar-General ...................................................
56.00
In addition:
(a) if an application is received by post and:
( i ) no more than 20 documents are to be
copied.. ............................................ 10.00
( i i )
more than 20 documents are to be copied—for the first 100 documents or any part of that number .....................
20.00
Conveyancing Amendment (Fees) Regulation 1998
Amendment of Conveyancing (General) Regulation 1992 Schedule 1
(iii) more than 100 documents are to be copied-for each 100 documents or any part of that number after the first 100
documents ........................................ 20.00
(b) if a copy is prepared by a photocopying process-such reasonable fee (determined by the Registrar-General) as is warranted by the work involved in preparing the copy. 11 In the case of a requisition for a copy available from the Document Copy Service that, in the opinion of the Registrar-General, is a request for a copy for which the above scale of fees is not appropriate, such reasonable fee (determined by the Registrar-General in negotiation with the requesting party) as is warranted by the cost incurred in providing the copy.
12 On lodgment of an application for a copy of a document in the custody of the Registrar-General, other than a certified copy or a copy available from the Document Copy Service, such reasonable fee (determined by the Registrar-General) as is warranted by the work involved in preparing the copy.
13 For supplying a copy (other than a certified copy) of a
document in response to a telephone or facsimile request 20.00 In addition, for a copy of each additional document
required.. .............................................................. 3.90
In addition, for supplying documents by facsimile transmission in response to a telephone request, for each sheet in excess of 1 ..............................................
1.00
Official Searches (Old System Title) 14 On requisition for a search, or the continuation of a
search, from the date of the prior certificate of result of
the search (including the office copy certificate of the
result of a search or the continuation of the search). 56.00 In addition, for each half-hour or part of a half-hour occupied in the search or continuation of the search after the first hour ........................................................
28.00
15 On request for a copy of an Official Search ............ 56.00
Conveyancing Amendment (Fees) Regulation 1998
| Schedule 1 | Amendment of Conveyancing (General) Regulation 1992 |
Search for Writs, Orders or Legal Proceedings
16 For a search against each name (other than a search in
response to a telephone request) ............................. 3.90 17 For a search in response to a telephone request, in
respect of a search for 1 or 2 names ...................... 20.00 For a search of each additional name in excess of 2 3.90
Plans
18
On lodgment for registration or recording of a plan, other than a plan prepared solely for the purpose of placing survey information on public record ............
545.00
In addition, for each hour or part of an hour in excess of the first 4 hours occupied in the examination ......... 56.00 In the case of land the subject of a community, precinct or neighbourhood plan under the Community Land
Development Act 1989:
(a) for each additional sheet in excess of 4 ........ 56.00 (b) for the management statement accompanying the community, precinct or neighbourhood plan, including any associated plans or sketches.. ... 112.00 (c) for any development contract accompanying the community, precinct or neighbourhood plan ... 112.00 In addition, for each lot, allotment or portion shown or
separately defined on the plan ................................ 56.00 And, if the plan is accompanied by a section 88B instrument in which only 1 easement, restriction on the use of land, positive covenant or profit a prendre is to be created, irrespective of the number of lots burdened or benefited, an additional ..........................................
56.00
And, if the plan is accompanied by a section 88B instrument in which the combined number of easements, restrictions on the use of land, positive covenants or profits a prendre to be created is 2 or more, an additional 112.00 And, if the plan is accompanied by a section 88B instrument in which only 1 easement is to be released, irrespective of the number of lots burdened or benefited, an additional .......................................................
56.00
Conveyancing Amendment (Fees) Regulation 1998
Amendment of Conveyancing (General) Regulation 1992 Schedule 1
And, if the plan is accompanied by a section 88B instrument in which the number of easements to be released is 2 or more, an additional ....................... 112.00 And, if the plan is lodged for the purpose of consolidating 2 or more folios of the Register kept under the Real Property Act 1900—for each folio of the Register to be consolidated, an additional ................ 15.00 And, if a plan lodged in connection with an application to bring land under the Real Property Act 1900 includes land already under that Act and a consolidated folio of the Register kept under that Act is to be created-for each folio to be consolidated, an additional .............. 15.00 19 On lodgment of an additional or replacement sheet in conjunction with an application to amend a registered community, precinct or neighbourhood plan under the
Community Land Development Act 1989 .................. 56.00 20 For recording a plan prepared solely for the purpose of
placing survey information on public record ............. 56.00 21
For re-examining a plan if survey information has been added to an original compiled plan as a result of a requisition.. ........................................................... 56.00 22
For examining a plan before lodgment .................... 545.00 In addition, for each hour or part of an hour in excess of
the first 4 hours occupied in the examination ........... 56.00 23
For preparation and supply of a plan ...................... 1 0 0 . 0 0 In addition, for each hour or part of an hour in excess of
the first hour occupied in the preparation ................. 56.00 24 On lodgment of an application for revival of a plan previously rejected or withdrawn—such fee as would be appropriate to the plan as a new lodgment.
25 On lodgment of a substituted plan or any sheet of such a
plan or an additional sheet of a plan ....................... 56.00 26 On lodgment of a section 88B instrument in substitution for another such instrument or part of such instrument- such fee as would be appropriate to the instrument as an original lodgment.
27
On lodgment of an application to amend a plan.. ..... 56.00 In addition, if the application involves the amendment of a Crown grant, a certificate of title or a folio of the Register kept under the Real Property Act 1900:
(a) for the first grant, certificate or folio ............. 56.00 (b) for each grant, certificate or folio after the first 10.00
Conveyancing Amendment (Fees) Regulation 1998
| Schedule 1 | Amendment of Conveyancing (General) Regulation 1992 |
Miscellaneous
28 On depositing a document or documents pursuant to
section 64 of the Act ............................................ 20.00 In addition:
(a) if the deposit is made by post ..................... 10.00 (b) for each document in excess of 4 ................. 3.00 29 On application for return of a document or documents
deposited pursuant to section 64 of the Act ............. 20.00 In addition:
(a) if the application is made by post ................ 10.00 (b) for each document in excess of 4 ................. 3.00 30 For inspection of a packet containing a document or
documents deposited pursuant to section 64 of the Act 20.00 31 For production of documents at the Office of State
Revenue ............................................................... 20.00 32
On request for entry of a marginal note evidencing a discrepancy between an original instrument and a registered copy of the instrument ............................ 56.00
0
0
0