Conveyancing (General) Amendment (Fees) Regulation 2005 (NSW)

No judgment structure available for this case.

2005 No 230

New South Wales

Conveyancing (General) Amendment

(Fees) Regulation 2005

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. Some of the fee increases are in line with movements in the Consumer Price Index.
Fees are being increased from $20 to $73.25 relating to the following:

(a)	the registration, or renewal or vacation of registration, of writs, orders and certain legal proceedings,
(b)	the registration of crop liens and wool liens, stock mortgages and any other instruments relating to such liens or mortgages,
(c)	the registration of bills of sale and any other instruments relating to bills of sale,
(d)	the removal of caveats in relation to bills of sale,
(e)	the registration of memoranda containing provisions that are capable of being covenants that may be included in bills of sale, crop liens, wool liens and stock mortgages.

These documents are registered in the General Register of Deeds under the same process as that used to register Old System land transactions and powers of attorney, for which the fee is currently $71 (to be increased to $73.25). The $20 fee has applied since 1998.

This Regulation also:

(a)	introduces new fees for public searches of the General Register of Deeds, complementing existing fees for official searches of the General Register of Deeds, and
Published in Gazette No 73 of 17 June 2005, page 2348	Page 1
2005 No 230
2005 No 230
Conveyancing (General) Amendment (Fees) Regulation 2005 Explanatory note
(b)	clarifies the circumstances under which fees are incurred when a public search is carried out and a copy or a copy of each additional document (other than a certified copy) is supplied in response to a facsimile request for a document in the custody of the Registrar-General if no initial search is required.

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

2005 No 230

Clause 1

Conveyancing (General) Amendment (Fees) Regulation 2005

Conveyancing (General) Amendment (Fees)

Regulation 2005

under the

Conveyancing Act 1919

1 Name of Regulation
This Regulation is the Conveyancing (General) Amendment (Fees)
Regulation 2005.

2 Commencement
This Regulation commences on 1 July 2005.

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

2005 No 230

Conveyancing (General) Amendment (Fees) Regulation 2005

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 73.25
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 73.25

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 73.25
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 73.25
5 For registration under Division 5 of Part 6 of the Act 73.25
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 73.25
otherwise provided for in this Schedule

7 On request for preparation of a registration copy of 10.30 for up to 4

an instrument or part of an instrument

pages, and then 10.30 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

2005 No 230

Conveyancing (General) Amendment (Fees) Regulation 2005

Amendment

Schedule 1

$

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 10.30
Department of Lands

(b) by electronic means to any agent licensed by 4.65
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 of 77.25
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 fee

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 any Such reasonable fee
person attending an office of the Department of (determined by the

Lands that, in the opinion of the Registrar-General, is Registrar-General in
a request for a copy for which the above schedule of negotiation with the

fees is not appropriate

requesting party) as is warranted by the
cost incurred in
providing 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 any Registrar-General)

person attending an office of the Department of as is warranted by the

Lands work involved in
preparing the copy

Official searches (General Register of Deeds)

12 On requisition for a search, or the continuation of a 206.00

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)

2005 No 230

Conveyancing (General) Amendment (Fees) Regulation 2005

Schedule 1

Amendment

$

In addition, for each quarter-hour or part of a 51.50
quarter-hour occupied in the search or continuation
of the search after the first hour

13 On request for a copy of an official search 77.25
Public searches (General Register of Deeds)

14 On requisition for a search, or the continuation of a 113.30
search, of the General Register of Deeds
In addition, for each quarter-hour or part of a 56.65
quarter-hour occupied in the search or continuation
of the search after the first half-hour
15 For supplying a copy (other than a certified copy) in 22.65

response to a facsimile request for a document in the custody of the Registrar-General if no initial search is required
In addition, for a copy of each additional document 10.30
required
Search for writs, orders or legal proceedings

16 For a search against each name (other than a search 10.30
in response to a facsimile request)
17 For a search in response to a facsimile request, in 22.65
respect of a search for 1 or 2 names
In addition, for a search of each additional name in 10.30
excess of 2
Plans
18 On lodgment for registration or recording of a plan, 823.00
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 51.50
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 77.25
(b) for the management statement accompanying 154.50
the community, precinct or neighbourhood
plan, including any associated plans or
sketches

2005 No 230

Conveyancing (General) Amendment (Fees) Regulation 2005

Amendment

Schedule 1

$

(c) for any development contract accompanying 154.50
the community, precinct or neighbourhood
plan

In addition, for each lot, allotment or portion shown 82.30
or separately defined on the plan
And, if the plan is accompanied by a section 88B 77.25
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 77.25
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 154.50
management statement, an additional
And, if the plan is lodged for the purpose of 15.45
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 15.45
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 77.25
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 77.25
of placing survey information on public record
21 For examining a plan if survey information has been 77.25
added to an original compiled plan as a result of a
requisition
22 For pre-examination of a plan 905.30
In addition, for each quarter-hour or part of a 56.65
quarter-hour in excess of the first 4 hours occupied in
the examination of the plan

2005 No 230

Conveyancing (General) Amendment (Fees) Regulation 2005

Schedule 1

Amendment

$

23 For preparation and supply of a plan 206.00
In addition, for each quarter-hour or part of a 51.50
quarter-hour in excess 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 be

previously rejected or withdrawn appropriate to the
plan as a new
lodgment

25 On lodgment of a substituted plan or any sheet of 77.25
such a plan or an additional sheet of a plan

26 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

27 On lodgment of an application to amend a plan 77.25

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 77.25

(b) for each subsequent grant, certificate or folio terminating a neighbourhood scheme under section 72 of the Community Land Development Act 1989

10.30

28 On lodgment of an application for an order 77.25
In addition, for each quarter-hour or part of a 51.50
quarter-hour occupied in examining the application
Miscellaneous

29 For furnishing a certificate of ownership (Local 51.50
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 51.50
quarter-hour occupied in preparing the certificate of
ownership after the first quarter-hour
30 On depositing a document or documents pursuant to 22.65
section 64 of the Act
In addition, for each document in excess of 4 3.40

2005 No 230

Conveyancing (General) Amendment (Fees) Regulation 2005

Amendment

Schedule 1

$

31 On application for return of a document or 22.65
documents deposited pursuant to section 64 of the
Act
In addition, for each document in excess of 4 3.40
32 For inspection of a packet containing a document or 22.65
documents deposited pursuant to section 64 of the
Act
33 For production of documents at the Office of State 20.60
Revenue
34 On request for entry of a marginal note evidencing a 77.25
discrepancy between an original instrument and a
registered copy of the instrument

BY AUTHORITY

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Conveyancing (General) Amendment (Fees) Regulation 2005 (NSW)

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1	For each registration, or renewal or vacation of	73.25
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	73.25
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	73.25
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	73.25
5	For registration under Division 5 of Part 6 of the Act	73.25
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	73.25
otherwise provided for in this Schedule
7	On request for preparation of a registration copy of	10.30 for up to 4
an instrument or part of an instrument	pages, and then 10.30 for each

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 by	4.65
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 of	77.25
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 fee
process	(determined by the Registrar-General)

10	In the case of a requisition for a copy available to any	Such reasonable fee
person attending an office of the Department of	(determined by the

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

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

12	On requisition for a search, or the continuation of a	206.00
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 quarter-hour or part of a	51.50
quarter-hour occupied in the search or continuation of the search after the first hour

14	On requisition for a search, or the continuation of a	113.30
search, of the General Register of Deeds
In addition, for each quarter-hour or part of a	56.65
quarter-hour occupied in the search or continuation of the search after the first half-hour
15	For supplying a copy (other than a certified copy) in	22.65
response to a facsimile request for a document in the custody of the Registrar-General if no initial search is required
In addition, for a copy of each additional document	10.30
required

16	For a search against each name (other than a search	10.30
in response to a facsimile request)
17	For a search in response to a facsimile request, in	22.65
respect of a search for 1 or 2 names
In addition, for a search of each additional name in	10.30
excess of 2
Plans
18	On lodgment for registration or recording of a plan,	823.00
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	51.50
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	77.25
(b)	for the management statement accompanying	154.50
the community, precinct or neighbourhood plan, including any associated plans or sketches

(c)	for any development contract accompanying	154.50
the community, precinct or neighbourhood plan

In addition, for each lot, allotment or portion shown	82.30
or separately defined on the plan
And, if the plan is accompanied by a section 88B	77.25
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	77.25
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	154.50
management statement, an additional
And, if the plan is lodged for the purpose of	15.45
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	15.45
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	77.25
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	77.25
of placing survey information on public record
21	For examining a plan if survey information has been	77.25
added to an original compiled plan as a result of a requisition
22	For pre-examination of a plan	905.30
In addition, for each quarter-hour or part of a	56.65
quarter-hour in excess of the first 4 hours occupied in the examination of the plan

23	For preparation and supply of a plan	206.00
In addition, for each quarter-hour or part of a	51.50
quarter-hour in excess 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 be

25	On lodgment of a substituted plan or any sheet of	77.25
such a plan or an additional sheet of a plan
26	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

27	On lodgment of an application to amend a plan	77.25
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:

28	On lodgment of an application for an order	77.25
In addition, for each quarter-hour or part of a	51.50
quarter-hour occupied in examining the application

29	For furnishing a certificate of ownership (Local	51.50
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	51.50
quarter-hour occupied in preparing the certificate of ownership after the first quarter-hour
30	On depositing a document or documents pursuant to	22.65
section 64 of the Act
In addition, for each document in excess of 4	3.40

31	On application for return of a document or	22.65
documents deposited pursuant to section 64 of the Act
In addition, for each document in excess of 4	3.40
32	For inspection of a packet containing a document or	22.65
documents deposited pursuant to section 64 of the Act
33	For production of documents at the Office of State	20.60
Revenue
34	On request for entry of a marginal note evidencing a	77.25
discrepancy between an original instrument and a registered copy of the instrument