Conveyancing (General) Amendment (Fees) Regulation 2008 (NSW)

No judgment structure available for this case.

2008 No 161

New South Wales

Conveyancing (General) Amendment

(Fees) Regulation 2008

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 fee increases are generally 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 66 of 6 June 2008, page 4633	Page 1
2008 No 161
Clause 1	Conveyancing (General) Amendment (Fees) Regulation 2008

Conveyancing (General) Amendment (Fees) Regulation

2008

under the

Conveyancing Act 1919

1 Name of Regulation
This Regulation is the Conveyancing (General) Amendment (Fees)
Regulation 2008.

2 Commencement
This Regulation commences on 1 July 2008.

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

2008 No 161

Conveyancing (General) Amendment (Fees) Regulation 2008

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 88.00
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 88.00

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 88.00

Act 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 88.00
otherwise provided for in this Schedule

5 On request for preparation of a registration copy 12.50 for up to 4 pages,

of an instrument or part of an instrument 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

2008 No 161

Conveyancing (General) Amendment (Fees) Regulation 2008

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 6.35
licensed 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

7 On lodgment of an application for a certified 92.00
copy 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 (determined by the Registrar-General) as is warranted by the work involved in preparing
photocopying process

the copy

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

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

which the above schedule of fees is not requesting party) as is

appropriate

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 (determined by the

Registrar-General, other than a certified copy or Registrar-General) as is
a copy available to any person attending an warranted by the work
office of the Department of Lands involved in preparing
the copy

Official searches (General Register of Deeds)

10 On requisition for a search, or the continuation 200.00

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)

2008 No 161

Conveyancing (General) Amendment (Fees) Regulation 2008

Amendment

Schedule 1

$

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 92.00
Public searches (General Register of Deeds)

12 On requisition for a search, or the continuation 110.00
of a 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 24.00
copy) in 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 12.50
document required
Search for writs, orders or legal proceedings

14 For a search against each name (other than a 12.50
search in response to a facsimile request)
15 For a search in response to a facsimile request, 24.00
in respect of a search for 1 or 2 names
In addition, for a search of each additional name 12.50
in 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 6.35
licensed by the Department of Lands

(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

2008 No 161

Conveyancing (General) Amendment (Fees) Regulation 2008

Schedule 1

Amendment

$

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 1,025.00
(b) comprising more than 2 lots 1,230.00

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

(a) the first 4 hours occupied in the 50.00
examination of the plan referred to in
paragraph (a) above

(b) the first 6 hours occupied in the 50.00
examination of the plan referred to in
paragraph (b) above

On lodgment for registration of a community, 1,640.00

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 92.00
(b) for the management statement 307.50
accompanying the community, precinct
or neighbourhood plan, including any
associated plans or sketches
(c) for any development contract 205.00
accompanying the community, precinct
or neighbourhood plan

In addition, for each lot, allotment or portion 123.00
shown or separately defined on the plan

2008 No 161

Conveyancing (General) Amendment (Fees) Regulation 2008

Amendment

Schedule 1

$

And, if the plan is accompanied by a section 88B 92.00

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 92.00

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 307.50
management statement, an additional
And, if the plan is lodged for the purpose of 17.00
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 17.00

application to bring land under the Real 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 92.00

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 92.00
purpose of placing survey information on public
record
20 For examining a plan if survey information has 92.00
been 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 1,127.50
(b) comprising more than 2 lots 1,353.00

2008 No 161

Conveyancing (General) Amendment (Fees) Regulation 2008

Schedule 1

Amendment

$

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

(a) the first 4 hours occupied in the 55.00
examination of the plan referred to in
paragraph (a) above
(b) the first 6 hours occupied in the 55.00
examination of the plan referred to in
paragraph (b) above

22 For pre-examination of a community, precinct 1,804.00
or neighbourhood plan under the Community
Land Development Act 1989

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 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 92.00
of 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 appropriate to the

of such instrument instrument as an original
lodgment

27 On lodgment of an application to amend a plan 92.00

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 92.00
(b) for each subsequent grant, certificate or 12.50
folio

28 On lodgment of an application for an order 92.00
terminating a neighbourhood scheme under
section 72 of the Community Land Development
Act 1989

2008 No 161

Conveyancing (General) Amendment (Fees) Regulation 2008

Amendment

Schedule 1

$

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
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
30 On depositing a document or documents 24.00
pursuant to 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 24.00
documents 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 24.00
document or documents deposited pursuant to
section 64 of the Act
33 For production of documents at the Office of 22.00
State Revenue
34 On request for entry of a marginal note 92.00
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 2008 (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	88.00
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	88.00
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	88.00
Act 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	88.00
otherwise provided for in this Schedule
5	On request for preparation of a registration copy	12.50 for up to 4 pages,

of an instrument or part of an instrument	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

(b)	by electronic means to any agent	6.35
licensed by the Department of Lands
(c)	to any person by some other means	Such reasonable fee (determined by the

7	On lodgment of an application for a certified	92.00
copy 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 (determined by the Registrar-General) as is warranted by the work involved in preparing
photocopying process

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

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

9	On lodgment of an application for a copy of a	Such reasonable fee
document in the custody of the	(determined by the

Registrar-General, other than a certified copy or	Registrar-General) as is
a copy available to any person attending an	warranted by the work
office of the Department of Lands	involved in preparing the copy

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

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

12	On requisition for a search, or the continuation	110.00
of a 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	24.00
copy) in 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	12.50
document required

14	For a search against each name (other than a	12.50
search in response to a facsimile request)
15	For a search in response to a facsimile request,	24.00
in respect of a search for 1 or 2 names
In addition, for a search of each additional name	12.50
in excess of 2

(b)	the first 6 hours occupied in the	50.00
examination of the plan referred to in paragraph (b) above

On lodgment for registration of a community,	1,640.00
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	92.00
(b)	for the management statement	307.50
accompanying the community, precinct or neighbourhood plan, including any associated plans or sketches
(c)	for any development contract	205.00
accompanying the community, precinct or neighbourhood plan

In addition, for each lot, allotment or portion	123.00
shown or separately defined on the plan

And, if the plan is accompanied by a section 88B	92.00
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	92.00
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	307.50
management statement, an additional
And, if the plan is lodged for the purpose of	17.00
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	17.00
application to bring land under the Real 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	92.00
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	92.00
purpose of placing survey information on public record
20	For examining a plan if survey information has	92.00
been 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	1,127.50
(b)	comprising more than 2 lots	1,353.00

(a)	the first 4 hours occupied in the	55.00
examination of the plan referred to in paragraph (a) above
(b)	the first 6 hours occupied in the	55.00
examination of the plan referred to in paragraph (b) above

22	For pre-examination of a community, precinct	1,804.00
or neighbourhood plan under the Community Land Development Act 1989

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	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	92.00
of 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	appropriate to the
of such instrument	instrument as an original lodgment

27	On lodgment of an application to amend a plan	92.00
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	92.00
(b)	for each subsequent grant, certificate or	12.50
folio

28	On lodgment of an application for an order	92.00
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

29	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
30	On depositing a document or documents	24.00
pursuant to 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	24.00
documents 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	24.00
document or documents deposited pursuant to section 64 of the Act
33	For production of documents at the Office of	22.00
State Revenue
34	On request for entry of a marginal note	92.00
evidencing a discrepancy between an original instrument and a registered copy of the instrument