Conveyancing (General) Amendment (Fees) Regulation 2002 (NSW)

2002 No 838

New South Wales

Conveyancing (General) Amendment

(Fees) Regulation 2002

under the

Conveyancing Act 1919

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Conveyancing Act 1919.

KIM YEADON, M.P.,

Minister for Information Technology

Explanatory note
The objects of this Regulation are:

(a)

to increase certain fees payable to the Registrar-General under the Conveyancing Act 1919 (the Act), and

(b)

to introduce new fees:

(i)	for the lodgment and examination of an application for an order terminating a neighbourhood scheme under section 72 of the Community Land Development Act 1989, and
(ii)	for the furnishing of a certificate of ownership under section 700 (2) of the Local Government Act 1993 or section 151 (2) of the Environmental Planning and Assessment Act 1979, and

(c)

to remove additional fees:

(i)	for the supply of a copy of a document containing 20 or more pages or multiple copies of a document containing 10 or more pages, and
(ii)	for the supply of certified copies of a document, where the application for the copies is made by post, and
(iii)	for the supply of a document by facsimile transmission in response to a telephone request, and
(iv)	for depositing a document or documents pursuant to section 64 of the Act, where the deposit is made by post, and

Published in Gazette No 220 of 15 November 2002, page 9615

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2002 No 838

2002 No 838

Conveyancing (General) Amendment (Fees) Regulation 2002
Explanatory note

(v) for the return of a document or documents deposited pursuant to section 64 of the Act, where the application is made by post.

These fee increases take account of the annual increase in the Consumer Price Index.

This Regulation is made under the Conveyancing Act 1919, including section 202

(the general regulation-making power) and, in particular, section 202 (1) (d).

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2002 No 838

Clause 1 Conveyancing (General) Amendment (Fees) Regulation 2002

Conveyancing (General) Amendment (Fees) Regulation

2002

under the

Conveyancing Act 1919

1      Name of Regulation

This Regulation is the Conveyancing (General) Amendment (Fees)

Regulation 2002.

2 Commencement

This Regulation commences on 1 December 2002.

3 Amendment of Conveyancing (General) Regulation 1998

The Conveyancing (General) Regulation 1998 is amended as set out in Schedule 1.

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Conveyancing (General) Amendment (Fees) Regulation 2002

Schedule 1 Amendment

Schedule 1 Amendment

(Clause 3)

Schedule 6

Omit the Schedule. Insert instead:

Schedule 6 Fees

(Clause 39)

Registration in the General Register of Deeds

$

1            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

2            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
3	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

4            For removal of a caveat in relation to a bill of

sale 20.00

5 For registration under Division 5 of Part 6 of the Act of a memorandum containing provisions that are capable of being covenants that may be

included in a bill of sale, crop or wool lien or

stock mortgage 20.00

6            For recording or registering any instrument not

otherwise provided for in this Schedule 62.00

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Conveyancing (General) Amendment (Fees) Regulation 2002

Amendment Schedule 1

$

7	On request for preparation of a registration copy	4.00 for up to 4 pages,
of an instrument or part of an instrument	and then 4.00 for each additional 4 pages or part of that number
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) 4.00

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 4.00

(b)	of a management statement relating to
such a plan 4.00
(c)	of a development contract relating to such
a plan 4.00
(d)	of an annexure to such a plan, statement or
contract 4.00

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 62.00

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Conveyancing (General) Amendment (Fees) Regulation 2002

Schedule 1 Amendment

$

In addition, if a copy is prepared by a	Such reasonable fee
photocopying process	(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	Such reasonable fee
from the Document Copy Service that, in the	(determined by the
opinion of the Registrar-General, is a request for	Registrar-General in
a copy for which the above schedule of fees is	negotiation with the
not appropriate	requesting party) as is warranted by the cost incurred in providing the copy
12	On lodgment of an application for a copy of a	Such reasonable fee
document in the custody of the Registrar-	(determined by the
General, other than a certified copy or a copy	Registrar-General) as is
available from the Document Copy Service	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	22.00
In addition, for a copy of each additional
document required	4.00

Official searches (General Register of Deeds)

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)	62.00
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	31.00

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Conveyancing (General) Amendment (Fees) Regulation 2002

Amendment Schedule 1

$

15 On request for a copy of an official search 62.00

Search for writs, orders or legal proceedings

16          For a search against each name (other than a

search in response to a telephone request) 4.00

17          For a search in response to a telephone request,

in respect of a search for 1 or 2 names 22.00

In addition, for a search of each additional name

in excess of 2 4.00

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 600.00

In addition, for each hour or part of an hour in

excess of the first 4 hours occupied in the

examination of the plan 62.00

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 62.00

(b)  for the management statement

accompanying the community, precinct or
neighbourhood plan, including any

associated plans or sketches 124.00

(c) for any development contract

accompanying the community, precinct or

neighbourhood plan 124.00

In addition, for each lot, allotment or portion

shown or separately defined on the plan 62.00

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Conveyancing (General) Amendment (Fees) Regulation 2002

Schedule 1 Amendment

$

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

à prendre is to be created, irrespective of the
number of lots burdened or benefited, an

additional	62.00
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 à prendre to be
created is 2 or more, an additional	124.00
And, if the plan is accompanied by a section 88B
instrument in which only 1 easement or profit à prendre is to be released, irrespective of the number of lots burdened or benefited, an
additional	62.00
And, if the plan is accompanied by a section 88B instrument in which the number of easements or profits à prendre to be released is 2 or more, an additional	124.00
And, if the plan is accompanied by a building
management statement, an additional	62.00
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

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Conveyancing (General) Amendment (Fees) Regulation 2002

Amendment Schedule 1

$

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 62.00

20          For recording a plan prepared solely for the

purpose of placing survey information on public

record 62.00

21          For examining a plan if survey information has

been added to an original compiled plan as a

result of a requisition 62.00
22	For pre-examination of a plan 660.00

In addition, for each hour or part of an hour in

excess of the first 4 hours occupied in the

examination of the plan 68.20
23	For preparation and supply of a plan 103.00

In addition, for each hour or part of an hour in

excess of the first hour occupied in the

preparation of the plan 62.00

24

On lodgment of an application for revival of a	Such fee as would be
plan previously rejected or withdrawn	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 62.00

26

On lodgment of a section 88B instrument in	Such fee as would be
substitution for another such instrument or part	appropriate to the
of such instrument	instrument as an original lodgment

27

On lodgment of an application to amend a plan 62.00

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Conveyancing (General) Amendment (Fees) Regulation 2002

Schedule 1 Amendment

$

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	62.00
(b)	for each subsequent grant, certificate or
folio	10.00

28          On lodgment of an application for an order terminating a neighbourhood scheme under section 72 of the Community Land Development

Act 1989 62.00

In addition, for each hour or part of an hour

occupied in examining the application 103.00

Miscellaneous

29          For furnishing a certificate of ownership (Local

Government Act 1993—section 700 (2) or
Environmental Planning and Assessment Act

1979—section 151 (2)) 31.00

30          On depositing a document or documents

pursuant to section 64 of the Act	22.00
In addition, for each document in excess of 4	3.30

31          On application for return of a document or

documents deposited pursuant to section 64 of

the Act	22.00
In addition, for each document in excess of 4	3.30

32

For inspection of a packet containing a document or documents deposited pursuant to section 64 of the Act 22.00

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Conveyancing (General) Amendment (Fees) Regulation 2002

Schedule 1 Amendment

$

33          For production of documents at the Office of

State Revenue 20.00

34          On request for entry of a marginal note

evidencing a discrepancy between an original
instrument and a registered copy of the

instrument 62.00

BY AUTHORITY

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