Conveyancing (General) Amendment (Fees) Regulation 2003 (NSW)

No judgment structure available for this case.

2003 No 381

New South Wales

Conveyancing (General) Amendment

(Fees) Regulation 2003

under the

Conveyancing Act 1919

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

ANTHONY BERNARD KELLY, M.L.C.,

Minister Assisting the Minister for Natural Resources (Lands)

Explanatory note
The object of this Regulation is to increase certain fees payable to the Registrar-General under the Conveyancing Act 1919. The fee increases are in line with movements 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).

Published in Gazette No 104 of 27 June 2003, page 6006	Page 1
2003 No 381
Clause 1	Conveyancing (General) Amendment (Fees) Regulation 2003

Conveyancing (General) Amendment (Fees)

Regulation 2003

under the

Conveyancing Act 1919

1 Name of Regulation
This Regulation is the Conveyancing (General) Amendment (Fees)
Regulation 2003.

2 Commencement

This Regulation commences on 1 July 2003.

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

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2003 No 381

Conveyancing (General) Amendment (Fees) Regulation 2003

Amendment	Schedule 1
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 20.00
registration, of any writ, order or legal proceeding
made under Division 2 of Part 23 of the Act
2 For each registration of a crop or wool lien or a stock 20.00

mortgage, or any other instrument relating to such liens or mortgages, made under the Liens on Crops and Wool and Stock Mortgages Act 1898
3 For each registration of a bill of sale, or any other 20.00
instrument relating to a bill of sale, made under the
Bills of Sale Act 1898
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 20.00
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
6 For recording or registering any instrument not 64.00
otherwise provided for in this Schedule

7 On request for preparation of a registration copy of 4.00 for up to 4

an instrument or part of an instrument pages, and then
4.00 for each
additional 4 pages
or part of that
number

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2003 No 381

Conveyancing (General) Amendment (Fees) Regulation 2003

Schedule 1

Amendment

$

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 4.00

document available from the Document Copy 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)

9

For supplying a copy, available from the Document Copy Service:

(a) of a community, precinct or neighbourhood 4.00
plan under the Community Land Development
Act 1989
(b) of a management statement relating to such a 4.00
plan
(c) of a development contract relating to such a 4.00
plan
(d) of an annexure to such a plan, statement or 4.00
contract

10 On lodgment of an application for a certified copy of 64.00
a document or part of a document in the custody of
the Registrar-General

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2003 No 381

Conveyancing (General) Amendment (Fees) Regulation 2003

Amendment

Schedule 1

$

In addition, if a copy is prepared by a photocopying Such reasonable

process 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 Such reasonable

the Document Copy Service that, in the opinion of fee (determined by

the Registrar-General, is a request for a copy for the Registrar-

which the above schedule of fees is not appropriate 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 Such reasonable

document in the custody of the Registrar-General, fee (determined by

other than a certified copy or a copy available from the Registrar-

the Document Copy Service General) as is
warranted by the
work involved in
preparing the copy

13 For supplying a copy (other than a certified copy) of 22.00
a document in response to a telephone or facsimile
request
In addition, for a copy of each additional document 4.00
required
Official searches (General Register of Deeds)

14 On requisition for a search, or the continuation of a 64.00

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)

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2003 No 381

Conveyancing (General) Amendment (Fees) Regulation 2003

Schedule 1

Amendment

$

In addition, for each half-hour or part of a half-hour 32.00
occupied in the search or continuation of the search
after the first hour

15 On request for a copy of an official search 64.00
Search for writs, orders or legal proceedings

16 For a search against each name (other than a search 4.00
in response to a telephone request)
17 For a search in response to a telephone request, in 22.00
respect of a search for 1 or 2 names
In addition, for a search of each additional name in 4.00
excess of 2
Plans
18 On lodgment for registration or recording of a plan, 625.00
other than a plan prepared solely for the purpose of
placing survey information on public record
In addition, for each hour or part of an hour in excess 64.00
of the first 4 hours occupied in the examination of the
plan
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 64.00
(b) for the management statement accompanying 128.00
the community, precinct or neighbourhood
plan, including any associated plans or
sketches
(c) for any development contract accompanying 128.00
the community, precinct or neighbourhood
plan

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2003 No 381

Conveyancing (General) Amendment (Fees) Regulation 2003

Amendment

Schedule 1

$

In addition, for each lot, allotment or portion shown 64.00
or separately defined on the plan
And, if the plan is accompanied by a section 88B 64.00

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
And, if the plan is accompanied by a section 88B 128.00
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
And, if the plan is accompanied by a section 88B 64.00
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
And, if the plan is accompanied by a section 88B 128.00

instrument in which the number of easements or profits à prendre to be released is 2 or more, an additional
And, if the plan is accompanied by a building 64.00
management statement, an additional
And, if the plan is lodged for the purpose of 15.00
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
And, if a plan lodged in connection with an 15.00
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

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2003 No 381

Conveyancing (General) Amendment (Fees) Regulation 2003

Schedule 1

Amendment

$

19 On lodgment of an additional or replacement sheet in 64.00
conjunction with an application to amend a
registered community, precinct or neighbourhood
plan under the Community Land Development Act
1989
20 For recording a plan prepared solely for the purpose 64.00
of placing survey information on public record
21 For examining a plan if survey information has been 64.00
added to an original compiled plan as a result of a
requisition
22 For pre-examination of a plan 687.50
In addition, for each hour or part of an hour in excess 70.40
of the first 4 hours occupied in the examination of the
plan
23 For preparation and supply of a plan 106.00
In addition, for each hour or part of an hour in excess 64.00
of the first hour occupied in the preparation of the
plan

24 On lodgment of an application for revival of a plan Such fee as would

previously rejected or withdrawn

be appropriate to the plan as a new

lodgment

25 On lodgment of a substituted plan or any sheet of 64.00
such a plan or an additional sheet of a plan

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

27 On lodgment of an application to amend a plan 64.00

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2003 No 381

Conveyancing (General) Amendment (Fees) Regulation 2003

Amendment

Schedule 1

$

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 64.00
(b) for each subsequent grant, certificate or folio 10.00

28 On lodgment of an application for an order 64.00

terminating a neighbourhood scheme under section 72 of the Community Land Development Act 1989
In addition, for each hour or part of an hour occupied 106.00
in examining the application
Miscellaneous

29 For furnishing a certificate of ownership (Local 32.00

Government Act 1993—section 700 (2) or section 151 (2))
30 On depositing a document or documents pursuant to 22.00
section 64 of the Act
In addition, for each document in excess of 4 3.30
31 On application for return of a document or 22.00
documents deposited pursuant to section 64 of the
Act
In addition, for each document in excess of 4 3.30
32 For inspection of a packet containing a document or 22.00
documents deposited pursuant to section 64 of the
Act
33 For production of documents at the Office of State 20.00
Revenue

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2003 No 381

Conveyancing (General) Amendment (Fees) Regulation 2003

Schedule 1

Amendment

$

34 On request for entry of a marginal note evidencing a 64.00
discrepancy between an original instrument and a
registered copy of the instrument

BY AUTHORITY

Page 10

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Citations

Conveyancing (General) Amendment (Fees) Regulation 2003 (NSW)

Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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1	For each registration, or renewal or vacation of	20.00
registration, of any writ, order or legal proceeding made under Division 2 of Part 23 of the Act
2	For each registration of a crop or wool lien or a stock	20.00
mortgage, or any other instrument relating to such liens or mortgages, made under the Liens on Crops and Wool and Stock Mortgages Act 1898
3	For each registration of a bill of sale, or any other	20.00
instrument relating to a bill of sale, made under the Bills of Sale Act 1898
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	20.00
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
6	For recording or registering any instrument not	64.00
otherwise provided for in this Schedule
7	On request for preparation of a registration copy of	4.00 for up to 4

8	For supplying a copy of a document or part of a	4.00
document available from the Document Copy 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)
9	For supplying a copy, available from the Document Copy Service:

(a)	of a community, precinct or neighbourhood	4.00
plan under the Community Land Development Act 1989
(b)	of a management statement relating to such a	4.00
plan
(c)	of a development contract relating to such a	4.00
plan
(d)	of an annexure to such a plan, statement or	4.00
contract

10	On lodgment of an application for a certified copy of	64.00
a document or part of a document in the custody of the Registrar-General

In addition, if a copy is prepared by a photocopying	Such reasonable
process	fee (determined by the Registrar- General) as is warranted by the work involved in preparing the copy

the Document Copy Service that, in the opinion of	fee (determined by
the Registrar-General, is a request for a copy for	the Registrar-
which the above schedule of fees is not appropriate	General in negotiation with the requesting party) as is warranted by the cost incurred in providing the copy

document in the custody of the Registrar-General,	fee (determined by
other than a certified copy or a copy available from	the Registrar-
the Document Copy Service	General) as is warranted by the work involved in preparing the copy

13	For supplying a copy (other than a certified copy) of	22.00
a document in response to a telephone or facsimile request
In addition, for a copy of each additional document	4.00
required

14	On requisition for a search, or the continuation of a	64.00
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)

In addition, for each half-hour or part of a half-hour	32.00
occupied in the search or continuation of the search after the first hour

16	For a search against each name (other than a search	4.00
in response to a telephone request)
17	For a search in response to a telephone request, in	22.00
respect of a search for 1 or 2 names
In addition, for a search of each additional name in	4.00
excess of 2
Plans
18	On lodgment for registration or recording of a plan,	625.00
other than a plan prepared solely for the purpose of placing survey information on public record
In addition, for each hour or part of an hour in excess	64.00
of the first 4 hours occupied in the examination of the plan
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	64.00
(b)	for the management statement accompanying	128.00
the community, precinct or neighbourhood plan, including any associated plans or sketches
(c)	for any development contract accompanying	128.00
the community, precinct or neighbourhood plan

In addition, for each lot, allotment or portion shown	64.00
or separately defined on the plan
And, if the plan is accompanied by a section 88B	64.00
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
And, if the plan is accompanied by a section 88B	128.00
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
And, if the plan is accompanied by a section 88B	64.00
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
And, if the plan is accompanied by a section 88B	128.00
instrument in which the number of easements or profits à prendre to be released is 2 or more, an additional
And, if the plan is accompanied by a building	64.00
management statement, an additional
And, if the plan is lodged for the purpose of	15.00
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
And, if a plan lodged in connection with an	15.00
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

19	On lodgment of an additional or replacement sheet in	64.00
conjunction with an application to amend a registered community, precinct or neighbourhood plan under the Community Land Development Act 1989
20	For recording a plan prepared solely for the purpose	64.00
of placing survey information on public record
21	For examining a plan if survey information has been	64.00
added to an original compiled plan as a result of a requisition
22	For pre-examination of a plan	687.50
In addition, for each hour or part of an hour in excess	70.40
of the first 4 hours occupied in the examination of the plan
23	For preparation and supply of a plan	106.00
In addition, for each hour or part of an hour in excess	64.00
of the first hour occupied in the preparation of the plan
24	On lodgment of an application for revival of a plan	Such fee as would
previously rejected or withdrawn	be appropriate to the plan as a new

25	On lodgment of a substituted plan or any sheet of	64.00
such a plan or an additional sheet of a plan
26	On lodgment of a section 88B instrument in	Such fee as would
substitution for another such instrument or part of	be appropriate to
such instrument	the instrument as an original lodgment
27	On lodgment of an application to amend a plan	64.00

(a)	for the first grant, certificate or folio	64.00
(b)	for each subsequent grant, certificate or folio	10.00

28	On lodgment of an application for an order	64.00
terminating a neighbourhood scheme under section 72 of the Community Land Development Act 1989
In addition, for each hour or part of an hour occupied	106.00
in examining the application

29	For furnishing a certificate of ownership (Local	32.00
Government Act 1993—section 700 (2) or section 151 (2))
30	On depositing a document or documents pursuant to	22.00
section 64 of the Act
In addition, for each document in excess of 4	3.30
31	On application for return of a document or	22.00
documents deposited pursuant to section 64 of the Act
In addition, for each document in excess of 4	3.30
32	For inspection of a packet containing a document or	22.00
documents deposited pursuant to section 64 of the Act
33	For production of documents at the Office of State	20.00
Revenue

34	On request for entry of a marginal note evidencing a	64.00
discrepancy between an original instrument and a registered copy of the instrument