Conveyancing (General) Amendment (Fees) Regulation 2009 (NSW)

No judgment structure available for this case.

2009 No 231

New South Wales

Conveyancing (General) Amendment

(Fees) Regulation 2009

under the

Conveyancing Act 1919

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

ANTHONY KELLY, MLC

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.
This Regulation is made under the Conveyancing Act 1919, including sections 64 (1) and 202

(the general regulation-making power) and, in particular, section 202 (1) (d).

Published LW 12 June 2009	Page 1
2009 No 231
Clause 1	Conveyancing (General) Amendment (Fees) Regulation 2009

Conveyancing (General) Amendment (Fees) Regulation

2009

under the

Conveyancing Act 1919

1 Name of Regulation
This Regulation is the Conveyancing (General) Amendment (Fees)
Regulation 2009.

2 Commencement
This Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.

2009 No 231

Conveyancing (General) Amendment (Fees) Regulation 2009

Amendment of Conveyancing (General) Regulation 2008	Schedule 1
Schedule 1	Amendment of Conveyancing (General) Regulation 2008

Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clauses 4, 5, 6, 12, 23, 25, 45, 46 and 47)

$

Registration in the General Register of Deeds

1 For each registration, or renewal or vacation of 91.00
registration, of any writ, order or legal proceedings
made under Division 2 of Part 23 of the Act
2 For each registration of an agricultural goods 91.00
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 91.00
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 91.00
otherwise provided for in this Schedule

5 On request for preparation of a registration copy of an 13.00 for up to

instrument or part of an instrument 4 pages, and then
13.00 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

2009 No 231

Conveyancing (General) Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Conveyancing (General) Regulation 2008

$

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 13.00
Department of Lands

(b) by electronic means to any agent licensed by 6.50
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 95.00
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 Lands (determined by the

that, in the opinion of the Registrar-General, is a Registrar-General the requesting party) as is warranted by the cost incurred in providing the copy

request for a copy for which the above schedule of fees in negotiation with
is not appropriate

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 Lands as is warranted by
the work involved in
preparing the copy

Official searches (General Register of Deeds)
10 On requisition under section 197 of the Act:

(a) for an official search (including an office copy 200.00
of the certificate of the result of the search)

2009 No 231

Conveyancing (General) Amendment (Fees) Regulation 2009

Amendment of Conveyancing (General) Regulation 2008

Schedule 1

$

(b) for the continuation of an official search from 200.00
the date of the prior certificate of the result of
the search (including an office copy of the
certificate of the result of 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 an office copy of the certificate of the 95.00
result of an official search or continuation of an
official search
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 24.00

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 13.00
required
Search for writs, orders or legal proceedings

14 For a search against each name (other than a search in 13.00
response to a facsimile request)
15 For a search in response to a facsimile request, in 24.00
respect of a search for 1 or 2 names
In addition, for a search of each additional name in 13.00
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 13.00
Department of Lands

(b) by electronic means to any agent licensed by 6.50
the Department of Lands

2009 No 231

Conveyancing (General) Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Conveyancing (General) Regulation 2008

$

(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
(other than a community, precinct or neighbourhood
plan under the Community Land Development
On lodgment for registration or recording of a plan 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 examination of 50.00
a plan referred to in paragraph (a) above

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

On lodgment for registration of a community, precinct 1,640.00
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 95.00
(b) for the management statement accompanying 310.00
the community, precinct or neighbourhood
plan, including any associated plans or
sketches
(c) for any development contract accompanying 205.00
the community, precinct or neighbourhood
plan

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

2009 No 231

Conveyancing (General) Amendment (Fees) Regulation 2009

Amendment of Conveyancing (General) Regulation 2008

Schedule 1

$

In addition, if the plan is accompanied by a section 95.00

88B 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
In addition, if the plan is accompanied by a section 95.00
88B instrument, for each easement or profit à prendre
to be released, irrespective of the number of lots
burdened or benefited
In addition, if the plan is accompanied by a building 310.00
management statement
In addition, 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
In addition, if a plan lodged in connection with an 17.00
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

18 On lodgment of an additional or replacement sheet in 95.00

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 of 95.00
placing survey information on public record
20 For examining a plan if survey information has been 95.00
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 1,127.50
(b) comprising more than 2 lots 1,353.00
In addition, for each quarter-hour or part of a quarter-hour in excess of:

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

2009 No 231

Conveyancing (General) Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Conveyancing (General) Regulation 2008

$

22 For pre-examination of a community, precinct or 1,804.00
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 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 such 95.00
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 such be appropriate to

instrument the instrument as
an original lodgment

27 On lodgment of an application to amend a plan 95.00

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 95.00

(b) for each subsequent grant, certificate or folio
terminating a neighbourhood scheme under section 72
of the Community Land Development Act 1989
13.00

28 On lodgment of an application for an order 95.00
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))
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

2009 No 231

Conveyancing (General) Amendment (Fees) Regulation 2009

Amendment of Conveyancing (General) Regulation 2008

Schedule 1

$

30 On depositing a document or documents pursuant to 24.00
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 24.00
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 24.00
documents deposited pursuant to section 64 of the Act
33 For production of documents at the Office of State 24.00
Revenue
34 On request for entry of a marginal note evidencing a 95.00
discrepancy between an original instrument and a
registered copy of the instrument

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Conveyancing (General) Amendment (Fees) Regulation 2009 (NSW)

Cases Citing This Decision

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1	For each registration, or renewal or vacation of	91.00
registration, of any writ, order or legal proceedings made under Division 2 of Part 23 of the Act
2	For each registration of an agricultural goods	91.00
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	91.00
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	91.00
otherwise provided for in this Schedule
5	On request for preparation of a registration copy of an	13.00 for up to

instrument or part of an instrument	4 pages, and then 13.00 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	6.50
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

7	On lodgment of an application for a certified copy of	95.00
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 Lands	(determined by the

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

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)

(b)	for the continuation of an official search from	200.00
the date of the prior certificate of the result of the search (including an office copy of the certificate of the result of 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 an office copy of the certificate of the	95.00
result of an official search or continuation of an official search

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	24.00
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	13.00
required

14	For a search against each name (other than a search in	13.00
response to a facsimile request)
15	For a search in response to a facsimile request, in	24.00
respect of a search for 1 or 2 names
In addition, for a search of each additional name in	13.00
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

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

On lodgment for registration of a community, precinct	1,640.00
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	95.00
(b)	for the management statement accompanying	310.00
the community, precinct or neighbourhood plan, including any associated plans or sketches
(c)	for any development contract accompanying	205.00
the community, precinct or neighbourhood plan

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

In addition, if the plan is accompanied by a section	95.00
88B 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
In addition, if the plan is accompanied by a section	95.00
88B instrument, for each easement or profit à prendre to be released, irrespective of the number of lots burdened or benefited
In addition, if the plan is accompanied by a building	310.00
management statement
In addition, 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
In addition, if a plan lodged in connection with an	17.00
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

18	On lodgment of an additional or replacement sheet in	95.00
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 of	95.00
placing survey information on public record
20	For examining a plan if survey information has been	95.00
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	1,127.50
(b)	comprising more than 2 lots	1,353.00

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

22	For pre-examination of a community, precinct or	1,804.00
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 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 such	95.00
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 such	be appropriate to

27	On lodgment of an application to amend a plan	95.00
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	95.00
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	24.00
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	24.00
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	24.00
documents deposited pursuant to section 64 of the Act
33	For production of documents at the Office of State	24.00
Revenue
34	On request for entry of a marginal note evidencing a	95.00
discrepancy between an original instrument and a registered copy of the instrument