Conveyancing (General) Amendment (Fees) Regulation 2007 (NSW)

No judgment structure available for this case.

2007 No 279

New South Wales

Conveyancing (General) Amendment

(Fees) Regulation 2007

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 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 Regulation also provides for separate (increased) fees:

(a)	for lodgment for registration of plans under the Community Land Development Act 1989 and for lodgment for registration or recording of other plans comprising no more than 2 lots or more than 2 lots (instead of having the same fee apply to lodgment of all of these categories of plan), and
(b)	for the pre-examination of such plans (instead of having the same fee apply to pre-examination of all of these categories of plan).

These proposed fees incorporate:

(a)	the first 8 hours (instead of the first 4 hours) of examination of lodged plans or pre-examination of plans in the case of plans under the Community Land Development Act 1989, and
(b)	the first 4 hours of examination of lodged plans or pre-examination of plans in the case of other plans comprising no more than 2 lots, and
(c)	the first 6 hours (instead of the first 4 hours) of examination of lodged plans or pre-examination of plans in the case of other plans comprising more than 2 lots.

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 83 of 29 June 2007, page 4000	Page 1
2007 No 279
Clause 1	Conveyancing (General) Amendment (Fees) Regulation 2007

Conveyancing (General) Amendment (Fees) Regulation

2007

under the

Conveyancing Act 1919

1 Name of Regulation
This Regulation is the Conveyancing (General) Amendment (Fees)
Regulation 2007.

2 Commencement
This Regulation commences on 1 July 2007.

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

2007 No 279

Conveyancing (General) Amendment (Fees) Regulation 2007

Amendment	Schedule 1
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 86.00
registration, of any writ, order or legal proceeding
made under Division 2 of Part 23 of the Act
2 For each registration of an agricultural goods 86.00
mortgage or other security instrument within the
meaning of the Security Interests in Goods Act 2005,
or any other instrument relating to a registered
security interest within the meaning of that Act,
made under the Security Interests in Goods Act 2005
3 For registration under Division 5 of Part 6 of the Act 86.00
of a memorandum containing provisions that are
capable of being covenants that may be included in a
security instrument that is registered under the
Security Interests in Goods Act 2005
4 For recording or registering any instrument not 86.00
otherwise provided for in this Schedule

5 On request for preparation of a registration copy of an 12.50 for up to

instrument or part of an instrument 4 pages, and then
12.50 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

2007 No 279

Conveyancing (General) Amendment (Fees) Regulation 2007

Schedule 1

Amendment

$

Copies
6 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 12.50
Department of Lands

(b) by electronic means to any agent licensed by 6.20
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

7 On lodgment of an application for a certified copy of 90.00
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 fee

process

(determined by the Registrar-General) as is warranted by

the work involved in

preparing the copy

8 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

9 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

Lands the work involved in
preparing the copy

2007 No 279

Conveyancing (General) Amendment (Fees) Regulation 2007

Amendment

Schedule 1

$

Official searches (General Register of Deeds)

10 On requisition for a search, or the continuation of a 200.00

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 50.00
quarter-hour occupied in the search or continuation
of the search after the first hour
11 On request for a copy of an official search 90.00
Public searches (General Register of Deeds)

12 On requisition for a search, or the continuation of a 110.00
search, of the General Register of Deeds
In addition, for each quarter-hour or part of a 55.00
quarter-hour occupied in the search or continuation
of the search after the first half-hour
13 For supplying a copy (other than a certified copy) in 23.50

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 12.50
required
Search for writs, orders or legal proceedings

14 For a search against each name (other than a search in 12.50
response to a facsimile request)
15 For a search in response to a facsimile request, in 23.50
respect of a search for 1 or 2 names
In addition, for a search of each additional name in 12.50
excess of 2
Search for security interests in goods (General Register of Deeds)
16 For a search against each name:

(a) by any person attending an office of the 12.50
Department of Lands

(b) by electronic means to any agent licensed by 6.20
the Department of Lands

2007 No 279

Conveyancing (General) Amendment (Fees) Regulation 2007

Schedule 1

Amendment

$

(c)

by 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

Plans
17 On lodgment for registration or recording of a plan (other than a community, precinct or neighbourhood plan under the Community Land Development Act

1989 or a plan prepared solely for the purpose of
placing survey information on public record):

(a) comprising no more than 2 lots 1000.00
(b) comprising more than 2 lots 1200.00

In addition, for each quarter-hour or part of a quarter-hour in excess of:

(a) the first 4 hours occupied in the examination 50.00

of the plan referred to in paragraph (a) above

(b) the first 6 hours occupied in the examination 50.00

of the plan referred to in paragraph (b) above On lodgment for registration of a community,

1600.00

precinct or neighbourhood plan under the Community Land Development Act 1989

In addition, for each quarter-hour or part of a 50.00
quarter-hour in excess of the first 8 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 90.00
(b) for the management statement accompanying 300.00
the community, precinct or neighbourhood
plan, including any associated plans or
sketches
(c) for any development contract accompanying 200.00
the community, precinct or neighbourhood
plan

In addition, for each lot, allotment or portion shown 120.00
or separately defined on the plan

2007 No 279

Conveyancing (General) Amendment (Fees) Regulation 2007

Amendment

Schedule 1

$

And, if the plan is accompanied by a section 88B 90.00
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 90.00
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 300.00
management statement, an additional
And, if the plan is lodged for the purpose of 16.50
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 16.50
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 sheet 90.00
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 purpose 90.00
of placing survey information on public record
20 For examining a plan if survey information has been 90.00
added to an original compiled plan as a result of a
requisition

21

For pre-examination of a plan (other than a community, precinct or neighbourhood plan under the Community Land Development Act 1989):

(a) comprising no more than 2 lots 1100.00
(b) comprising more than 2 lots 1320.00
In addition, for each quarter-hour or part of a quarter-hour in excess of:

(a) the first 4 hours occupied in the examination 55.00
of the plan referred to in paragraph (a) above

2007 No 279

Conveyancing (General) Amendment (Fees) Regulation 2007

Schedule 1

Amendment

$

(b) the first 6 hours occupied in the examination 55.00
of the plan referred to in paragraph (b) above

neighbourhood plan under the Community Land
Development Act 1989

22 For pre-examination of a community, precinct or 1760.00

In addition, for each quarter-hour or part of a 55.00
quarter-hour in excess of the first 8 hours occupied in
the examination of the plan

23 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

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 90.00
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 90.00

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 90.00

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

12.50

28 On lodgment of an application for an order 90.00
In addition, for each quarter-hour or part of a 50.00
quarter-hour occupied in examining the application
Miscellaneous

29 For furnishing a certificate of ownership (Local 50.00

Government Act 1993—section 700 (2) or section 151 (2))

2007 No 279

Conveyancing (General) Amendment (Fees) Regulation 2007

Amendment

Schedule 1

$

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

30 On depositing a document or documents pursuant to 23.50
section 64 of the Act
In addition, for each document in excess of 4 4.00
31 On application for return of a document or documents 23.50
deposited pursuant to section 64 of the Act
In addition, for each document in excess of 4 4.00
32 For inspection of a packet containing a document or 23.50
documents deposited pursuant to section 64 of the
Act
33 For production of documents at the Office of State 21.50
Revenue
34 On request for entry of a marginal note evidencing a 90.00
discrepancy between an original instrument and a
registered copy of the instrument

BY AUTHORITY

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Conveyancing (General) Amendment (Fees) Regulation 2007 (NSW)

Cases Citing This Decision

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Statutory Material Cited

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1	For each registration, or renewal or vacation of	86.00
registration, of any writ, order or legal proceeding made under Division 2 of Part 23 of the Act
2	For each registration of an agricultural goods	86.00
mortgage or other security instrument within the meaning of the Security Interests in Goods Act 2005, or any other instrument relating to a registered security interest within the meaning of that Act, made under the Security Interests in Goods Act 2005
3	For registration under Division 5 of Part 6 of the Act	86.00
of a memorandum containing provisions that are capable of being covenants that may be included in a security instrument that is registered under the Security Interests in Goods Act 2005
4	For recording or registering any instrument not	86.00
otherwise provided for in this Schedule
5	On request for preparation of a registration copy of an	12.50 for up to

instrument or part of an instrument	4 pages, and then 12.50 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

(b)	by electronic means to any agent licensed by	6.20
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

7	On lodgment of an application for a certified copy of	90.00
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 fee
process	(determined by the Registrar-General) as is warranted by

8	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

9	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

10	On requisition for a search, or the continuation of a	200.00
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	50.00
quarter-hour occupied in the search or continuation of the search after the first hour
11	On request for a copy of an official search	90.00

12	On requisition for a search, or the continuation of a	110.00
search, of the General Register of Deeds
In addition, for each quarter-hour or part of a	55.00
quarter-hour occupied in the search or continuation of the search after the first half-hour
13	For supplying a copy (other than a certified copy) in	23.50
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	12.50
required

14	For a search against each name (other than a search in	12.50
response to a facsimile request)
15	For a search in response to a facsimile request, in	23.50
respect of a search for 1 or 2 names
In addition, for a search of each additional name in	12.50
excess of 2

(c)	by 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

of the plan referred to in paragraph (b) above On lodgment for registration of a community,	1600.00
precinct or neighbourhood plan under the Community Land Development Act 1989
In addition, for each quarter-hour or part of a	50.00
quarter-hour in excess of the first 8 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	90.00
(b)	for the management statement accompanying	300.00
the community, precinct or neighbourhood plan, including any associated plans or sketches
(c)	for any development contract accompanying	200.00
the community, precinct or neighbourhood plan

In addition, for each lot, allotment or portion shown	120.00
or separately defined on the plan

And, if the plan is accompanied by a section 88B	90.00
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	90.00
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	300.00
management statement, an additional
And, if the plan is lodged for the purpose of	16.50
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	16.50
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 sheet	90.00
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 purpose	90.00
of placing survey information on public record
20	For examining a plan if survey information has been	90.00
added to an original compiled plan as a result of a requisition
21	For pre-examination of a plan (other than a community, precinct or neighbourhood plan under the Community Land Development Act 1989):

(a)	comprising no more than 2 lots	1100.00
(b)	comprising more than 2 lots	1320.00

(a)	the first 4 hours occupied in the examination	55.00
of the plan referred to in paragraph (a) above

23	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
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	90.00
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	90.00
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:

28	On lodgment of an application for an order	90.00
In addition, for each quarter-hour or part of a	50.00
quarter-hour occupied in examining the application

29	For furnishing a certificate of ownership (Local	50.00
Government Act 1993—section 700 (2) or 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

30	On depositing a document or documents pursuant to	23.50
section 64 of the Act
In addition, for each document in excess of 4	4.00
31	On application for return of a document or documents	23.50
deposited pursuant to section 64 of the Act
In addition, for each document in excess of 4	4.00
32	For inspection of a packet containing a document or	23.50
documents deposited pursuant to section 64 of the Act
33	For production of documents at the Office of State	21.50
Revenue
34	On request for entry of a marginal note evidencing a	90.00
discrepancy between an original instrument and a registered copy of the instrument