Conveyancing (General) Amendment (Fees) Regulation 2004 (NSW)

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2004 No 350

New South Wales

Conveyancing (General) Amendment

(Fees) Regulation 2004

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 for Lands

Explanatory note
The object of this Regulation is to increase certain fees payable to the Registrar-General under the Conveyancing Act 1919. The increases include charging a fee:

(a)

for searching or continuing an official search of the General Register of Deeds based on a quarter-hour or part of a quarter-hour occupied in the search or continuation of the search after the first hour instead of on a half-hour or part of a half-hour after that first-hour period, and

(b)

for examining or pre-examining a plan lodged for registration or recording (other than a plan prepared solely for the purpose of placing survey information on public record) based on a quarter-hour or part of a quarter-hour occupied in the examination or pre-examination after the first 4 hours instead of on an hour or part of an hour after that 4-hour period, and

(c)

for preparing and supplying a plan based on a quarter-hour or part of a quarter- hour occupied in the preparation of the plan after the first hour instead of on an hour or part of an hour after that first-hour period, and

(d)

for examining an application for an order terminating a neighbourhood scheme based on a quarter-hour or part of a quarter-hour occupied in examining the application instead of on an hour or part of an hour.

Published in Gazette No 104 of 25 June 2004, page 4441

Page 1

2004 No 350

Conveyancing (General) Amendment (Fees) Regulation 2004
Explanatory note

This Regulation also:

(a)

introduces the following new fees:

(i)	for each easement, restriction on the use of land, positive covenant or profit à prendre created, or each easement or profit à prendre released, in a section 88B instrument accompanying a plan,
(ii)	for each quarter-hour or part of a quarter-hour after the first quarter-hour occupied in the preparation 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

(b)

itemises fees for the supply of copies of documents in the custody of the Registrar-General (other than certified copies) according to the means of delivery of the copies, and

(c)

removes the fee for supplying a copy of a document or part of a document and conducting searches for writs, orders and legal proceedings in response to a telephone request (these services are no longer available by telephone).

This Regulation is made under the Conveyancing Act 1919, including section 202 (the general regulation-making power) and, in particular, section 202 (1) (d).

2004 No 350

Conveyancing (General) Amendment (Fees) Regulation 2004

Clause 1

Conveyancing (General) Amendment (Fees) Regulation

2004

under the

Conveyancing Act 1919

1 Name of Regulation
This Regulation is the Conveyancing (General) Amendment (Fees)
Regulation 2004.

2 Commencement

This Regulation commences on 1 July 2004.

3 Amendment of Conveyancing (General) Regulation 2003
The Conveyancing (General) Regulation 2003 is amended as set out in Schedule 1.

2004 No 350

Conveyancing (General) Amendment (Fees) Regulation 2004

Schedule 1

Amendment

Schedule 1 Amendment

(Clause 3)

Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Fees

(Clauses 4, 5, 6, 12, 21, 22, 41, 42 and 43)

$

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 20.00

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
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 20.00

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
6 For recording or registering any instrument not 71.00
otherwise provided for in this Schedule

2004 No 350

Conveyancing (General) Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$

7

On request for preparation of a registration copy

10.00 for up to 4 pages, and then 10.00 for each additional 4 pages or part of that
of an instrument or part of an instrument

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 (other than a certified copy) in the custody of the Registrar-General:

(a) to any person attending an office of the 10.00
Department of Lands

(b) by electronic means to any agent licensed 4.50
by the Department of Lands

(c)

to any person by some other means

Such reasonable fee (determined by the
Registrar-General) as
is warranted by the
work involved in
providing the service

9 On lodgment of an application for a certified copy 75.00
of a document or part of a document in the
custody of the Registrar-General

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

2004 No 350

Conveyancing (General) Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$

10 In the case of a requisition for a copy available to Such reasonable fee
any person attending an office of the Department (determined by the
of Lands that, in the opinion of the Registrar- Registrar-General in

General, is a request for a copy for which the

negotiation with the requesting party) as is warranted by the cost incurred in providing
above schedule of fees is not appropriate

the copy

11 On lodgment of an application for a copy of a Such reasonable fee
document in the custody of the Registrar-General, (determined by the
other than a certified copy or a copy available to Registrar-General) as

any person attending an office of the Department is warranted by the
of Lands work involved in
preparing the copy

12 For supplying a copy (other than a certified copy) 22.00
of a document in response to a facsimile request
In addition, for a copy of each additional 10.00
document required
Official searches (General Register of Deeds)

13 On requisition for a search, or the continuation of 200.00
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)
In addition, for each quarter-hour or part of a 50.00
quarter-hour occupied in the search or
continuation of the search after the first hour
14 On request for a copy of an official search 75.00
Search for writs, orders or legal proceedings

15 For a search against each name (other than a 10.00
search in response to a facsimile request)

2004 No 350

Conveyancing (General) Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$

16 For a search in response to a facsimile request, in 22.00
respect of a search for 1 or 2 names
In addition, for a search of each additional name 10.00
in excess of 2
Plans
17 On lodgment for registration or recording of a 800.00
plan, other than a plan prepared solely for the
purpose of placing survey information on public
record
In addition, for each quarter-hour or part of a 50.00
quarter-hour in excess 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 75.00
(b) for the management statement 150.00
accompanying the community, precinct or
neighbourhood plan, including any
associated plans or sketches
(c) for any development contract 150.00
accompanying the community, precinct or
neighbourhood plan

In addition, for each lot, allotment or portion 80.00
shown or separately defined on the plan
And, if the plan is accompanied by a section 88B 75.00

instrument, for each easement, restriction on the use of land, positive covenant or profit à prendre to be created, irrespective of the number of lots
burdened or benefited, an additional

2004 No 350

Conveyancing (General) Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$

And, if the plan is accompanied by a section 88B 75.00

instrument, for each easement or profit à prendre to be released, irrespective of the number of lots burdened or benefited, an additional
And, if the plan is accompanied by a building 150.00
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

18 On lodgment of an additional or replacement 75.00
sheet in conjunction with an application to amend
a registered community, precinct or
neighbourhood plan under the Community Land
Development Act 1989
19 For recording a plan prepared solely for the 75.00
purpose of placing survey information on public
record
20 For examining a plan if survey information has 75.00
been added to an original compiled plan as a
result of a requisition
21 For pre-examination of a plan 880.00
In addition, for each quarter-hour or part of a 55.00
quarter-hour in excess of the first 4 hours
occupied in the examination of the plan
22 For preparation and supply of a plan 200.00

2004 No 350

Conveyancing (General) Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$

In addition, for each quarter-hour or part of a 50.00
quarter-hour in excess of the first hour occupied
in the preparation of the plan

23 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

24 On lodgment of a substituted plan or any sheet of 75.00
such a plan or an additional sheet of a plan

25 On lodgment of a section 88B instrument in Such fee as would be

substitution for another such instrument or part of appropriate to the
such instrument instrument as an
original lodgment

26 On lodgment of an application to amend a plan 75.00

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 75.00
(b) for each subsequent grant, certificate or 10.00
folio

27 On lodgment of an application for an order 75.00
terminating a neighbourhood scheme under
section 72 of the Community Land Development
Act 1989
In addition, for each quarter-hour or part of a 50.00
quarter-hour occupied in examining the
application

2004 No 350

Conveyancing (General) Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$

Miscellaneous

28 For furnishing a certificate of ownership (Local 50.00
Government Act 1993—section 700 (2) or
Environmental Planning and Assessment Act
1979—section 151 (2))
In addition, for each quarter-hour or part of a 50.00
quarter-hour occupied in preparing the certificate
of ownership after the first quarter-hour
29 On depositing a document or documents pursuant 22.00
to section 64 of the Act
In addition, for each document in excess of 4 3.30
30 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
31 For inspection of a packet containing a document 22.00
or documents deposited pursuant to section 64 of
the Act
32 For production of documents at the Office of State 20.00
Revenue
33 On request for entry of a marginal note 75.00
evidencing a discrepancy between an original
instrument and a registered copy of the instrument

BY AUTHORITY

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Conveyancing (General) Amendment (Fees) Regulation 2004 (NSW)

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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	20.00
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
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	20.00
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
6	For recording or registering any instrument not	71.00
otherwise provided for in this Schedule

7	On request for preparation of a registration copy	10.00 for up to 4 pages, and then 10.00 for each additional 4 pages or part of that
of an instrument or part of an instrument

In addition, for preparation of the copy	Such reasonable fee (determined by the
Registrar-General) as is warranted by the work involved

(b)	by electronic means to any agent licensed	4.50
by the Department of Lands
(c)	to any person by some other means	Such reasonable fee (determined by the
Registrar-General) as is warranted by the work involved in providing the service

9	On lodgment of an application for a certified copy	75.00
of a document or part of a document in the custody of the Registrar-General

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

10	In the case of a requisition for a copy available to	Such reasonable fee
any person attending an office of the Department	(determined by the
of Lands that, in the opinion of the Registrar-	Registrar-General in

General, is a request for a copy for which the	negotiation with the requesting party) as is warranted by the cost incurred in providing
above schedule of fees is not appropriate

11	On lodgment of an application for a copy of a	Such reasonable fee
document in the custody of the Registrar-General,	(determined by the
other than a certified copy or a copy available to	Registrar-General) as

any person attending an office of the Department	is warranted by the
of Lands	work involved in preparing the copy

12	For supplying a copy (other than a certified copy)	22.00
of a document in response to a facsimile request
In addition, for a copy of each additional	10.00
document required

13	On requisition for a search, or the continuation of	200.00
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)
In addition, for each quarter-hour or part of a	50.00
quarter-hour occupied in the search or continuation of the search after the first hour
14	On request for a copy of an official search	75.00

15	For a search against each name (other than a	10.00
search in response to a facsimile request)

16	For a search in response to a facsimile request, in	22.00
respect of a search for 1 or 2 names
In addition, for a search of each additional name	10.00
in excess of 2
Plans
17	On lodgment for registration or recording of a	800.00
plan, other than a plan prepared solely for the purpose of placing survey information on public record
In addition, for each quarter-hour or part of a	50.00
quarter-hour in excess 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	75.00
(b)	for the management statement	150.00
accompanying the community, precinct or neighbourhood plan, including any associated plans or sketches
(c)	for any development contract	150.00
accompanying the community, precinct or neighbourhood plan

In addition, for each lot, allotment or portion	80.00
shown or separately defined on the plan
And, if the plan is accompanied by a section 88B	75.00
instrument, for each easement, restriction on the use of land, positive covenant or profit à prendre to be created, irrespective of the number of lots
burdened or benefited, an additional

And, if the plan is accompanied by a section 88B	75.00
instrument, for each easement or profit à prendre to be released, irrespective of the number of lots burdened or benefited, an additional
And, if the plan is accompanied by a building	150.00
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

18	On lodgment of an additional or replacement	75.00
sheet in conjunction with an application to amend a registered community, precinct or neighbourhood plan under the Community Land Development Act 1989
19	For recording a plan prepared solely for the	75.00
purpose of placing survey information on public record
20	For examining a plan if survey information has	75.00
been added to an original compiled plan as a result of a requisition
21	For pre-examination of a plan	880.00
In addition, for each quarter-hour or part of a	55.00
quarter-hour in excess of the first 4 hours occupied in the examination of the plan
22	For preparation and supply of a plan	200.00

In addition, for each quarter-hour or part of a	50.00
quarter-hour in excess of the first hour occupied in the preparation of the plan

23	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
24	On lodgment of a substituted plan or any sheet of	75.00
such a plan or an additional sheet of a plan
25	On lodgment of a section 88B instrument in	Such fee as would be

substitution for another such instrument or part of	appropriate to the
such instrument	instrument as an original lodgment

26	On lodgment of an application to amend a plan	75.00
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	75.00
(b)	for each subsequent grant, certificate or	10.00
folio

27	On lodgment of an application for an order	75.00
terminating a neighbourhood scheme under section 72 of the Community Land Development Act 1989
In addition, for each quarter-hour or part of a	50.00
quarter-hour occupied in examining the application

28	For furnishing a certificate of ownership (Local	50.00
Government Act 1993—section 700 (2) or Environmental Planning and Assessment Act 1979—section 151 (2))
In addition, for each quarter-hour or part of a	50.00
quarter-hour occupied in preparing the certificate of ownership after the first quarter-hour
29	On depositing a document or documents pursuant	22.00
to section 64 of the Act
In addition, for each document in excess of 4	3.30
30	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
31	For inspection of a packet containing a document	22.00
or documents deposited pursuant to section 64 of the Act
32	For production of documents at the Office of State	20.00
Revenue
33	On request for entry of a marginal note	75.00
evidencing a discrepancy between an original instrument and a registered copy of the instrument