Conveyancing (General) Amendment (Fees) Regulation 2012 (NSW)

No judgment structure available for this case.

2012 No 281

New South Wales

Conveyancing (General) Amendment

(Fees) Regulation 2012

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.

GREG PEARCE, MLC

Minister for Finance and Services

Explanatory note
The objects of this Regulation are:

(a)

to increase the fees that are payable to the Registrar-General under the Conveyancing Act 1919, and

(b)

to clarify the fees that are payable to the Registrar-General under that Act in respect of a building management statement where:

(i)	the statement is included in the 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), and
(ii)	the statement is lodged in its own right (the fee for this service is being removed from the Real Property Regulation 2008), and

(c)

to remove a number of fees for services that are now obsolete.

The fee increases are generally in line with movements in the Consumer Price Index.
This Regulation is made under the Conveyancing Act 1919, including sections 64 (1) and 202

(the general regulation-making power).

Published LW 29 June 2012	Page 1
2012 No 281
Clause 1	Conveyancing (General) Amendment (Fees) Regulation 2012

Conveyancing (General) Amendment (Fees) Regulation

2012

under the

Conveyancing Act 1919

1 Name of Regulation
This Regulation is the Conveyancing (General) Amendment (Fees)
Regulation 2012.

2 Commencement
This Regulation commences on 1 July 2012 and is required to be published on the NSW legislation website.

2012 No 281

Conveyancing (General) Amendment (Fees) Regulation 2012

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 98.00
registration, of any writ, order or legal proceedings
made under Division 2 of Part 23 of the Act
2 For recording or registering any instrument not 98.00
otherwise provided for in this Schedule

3 On request for preparation of a registration copy of an 13.60 for up to

instrument or part of an instrument 4 pages, and then
13.60 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
Copies
4 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 Land and 13.60
Property Information Division, Department of
Finance and Services

(b) by electronic means to any agent licensed by the 7.05
Land and Property Information Division,
Department of Finance and Services

2012 No 281

Conveyancing (General) Amendment (Fees) Regulation 2012

Schedule 1

Amendment of Conveyancing (General) Regulation 2008

$

(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

5 On lodgment of an application for a certified copy of a 102.00
document or part of a document in the custody of the
Registrar-General

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

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

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

attending an office of the Land and Property as is warranted by the

Information Division, Department of Finance and work involved in

Services preparing the copy
Official searches (General Register of Deeds)
8 On requisition under section 197 of the Act:

(a) for an official search (including an office copy of 208.00
the certificate of the result of the search)

(b) for the continuation of an official search from the 208.00
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 52.00
quarter-hour occupied in the search or continuation of
the search after the first hour

9 On request for an office copy of the certificate of the 102.00
result of an official search or continuation of an official
search

2012 No 281

Conveyancing (General) Amendment (Fees) Regulation 2012

Amendment of Conveyancing (General) Regulation 2008

Schedule 1

$

Public searches (General Register of Deeds)

10 On requisition for a search, or the continuation of a 114.40
search, of the General Register of Deeds
In addition, for each quarter-hour or part of a 57.20
quarter-hour occupied in the search or continuation of
the search after the first half-hour
Search for writs, orders or legal proceedings

11 For a search against each name 13.60
Search for security interests in goods (General Register of Deeds)
12 For a search against each name:

(a) by any person attending an office of the Land and 13.60
Property Information Division, Department of
Finance and Services

(b) by electronic means to any agent licensed by the 7.05
Land and Property Information Division,
Department of Finance and Services

(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
13 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 1,100.00
(b) comprising more than 2 lots 1,321.00

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 a 52.00
plan referred to in paragraph (a) above

(b) the first 6 hours occupied in the examination of a 52.00

plan referred to in paragraph (b) above In addition, if the plan is accompanied by a building

336.00
management statement

2012 No 281

Conveyancing (General) Amendment (Fees) Regulation 2012

Schedule 1

Amendment of Conveyancing (General) Regulation 2008

$

14 On lodgment for registration of a community, precinct 1,763.00
or neighbourhood plan under the Community Land
Development Act 1989

In addition, for each quarter-hour or part of a 52.00
quarter-hour in excess of the first 8 hours occupied in
the examination of the plan
In addition:

(a) for each additional sheet in excess of 4 102.00
(b) for the management statement accompanying the 336.00
community, precinct or neighbourhood plan,
including any associated plans or sketches
(c) for any development contract accompanying the 220.00

community, precinct or neighbourhood plan In addition, for each lot, allotment or portion shown or

131.70
separately defined on the plan
In addition, if the plan is accompanied by a section 88B 102.00

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
In addition, if the plan is accompanied by a section 88B 102.00

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 336.00
management statement
In addition, if the plan is lodged for the purpose of 17.40
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 17.40
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

15 On lodgment of an additional or replacement sheet in 102.00

conjunction with an application to amend a registered community, precinct or neighbourhood plan under the Community Land Development Act 1989
16 For recording a plan prepared solely for the purpose of 102.00
placing survey information on public record

2012 No 281

Conveyancing (General) Amendment (Fees) Regulation 2012

Amendment of Conveyancing (General) Regulation 2008

Schedule 1

$

17 For examining a plan if survey information has been 102.00
added to an original compiled plan as a result of a
requisition

18

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 1,210.00
(b) comprising more than 2 lots 1,453.10
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 57.20
the plan referred to in paragraph (a) above
(b) the first 6 hours occupied in the examination of 57.20
the plan referred to in paragraph (b) above

19 For pre-examination of a community, precinct or 1,939.30
neighbourhood plan under the Community Land
Development Act 1989

In addition, for each quarter-hour or part of a 57.20
quarter-hour in excess of the first 8 hours occupied in
the examination of the plan

20 For preparation and supply of a plan 208.00
In addition, for each quarter-hour or part of a 52.00
quarter-hour in excess of the first hour occupied in the
preparation of the plan

21

On lodgment of an application for revival of a plan

Such fee as would be appropriate to the plan as a new lodgment
previously rejected or withdrawn

22 On lodgment of a substituted plan or any sheet of such a 102.00
plan or an additional sheet of a plan

23 On lodgment of a section 88B instrument in substitution Such fee as would

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

2012 No 281

Conveyancing (General) Amendment (Fees) Regulation 2012

Schedule 1

Amendment of Conveyancing (General) Regulation 2008

$

24 On lodgment of an application to amend a plan 102.00

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 102.00

(b) for each subsequent grant, certificate or folio
a neighbourhood scheme under section 72 of the
Community Land Development Act 1989
13.60

25 On lodgment of an application for an order terminating 102.00
In addition, for each quarter-hour or part of a 52.00
quarter-hour occupied in examining the application
26 On lodgment of a building management statement 336.00
(other than a building management statement lodged
with a plan under item 13 or 14)
Miscellaneous

27 For furnishing a certificate of ownership (Local 52.00

Government Act 1993—section 700 (2) or section 151 (2))
In addition, for each quarter-hour or part of a 52.00
quarter-hour occupied in preparing the certificate of
ownership after the first quarter-hour
28 On depositing a document or documents pursuant to 24.60
section 64 of the Act
In addition, for each document in excess of 4 4.10
29 On application for return of a document or documents 24.60
deposited pursuant to section 64 of the Act
In addition, for each document in excess of 4 4.10
30 For inspection of a packet containing a document or 24.60
documents deposited pursuant to section 64 of the Act
31 For production of documents at the Office of State 24.60
Revenue

32 On request for entry of a marginal note evidencing a 102.00
discrepancy between an original instrument and a
registered copy of the instrument

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Conveyancing (General) Amendment (Fees) Regulation 2012 (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	98.00
registration, of any writ, order or legal proceedings made under Division 2 of Part 23 of the Act
2	For recording or registering any instrument not	98.00
otherwise provided for in this Schedule
3	On request for preparation of a registration copy of an	13.60 for up to

instrument or part of an instrument	4 pages, and then 13.60 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 the	7.05
Land and Property Information Division, Department of Finance and Services

(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
5	On lodgment of an application for a certified copy of a	102.00
document or part of a document in the custody of the Registrar-General
6	In the case of a requisition for a copy available to any	Such reasonable fee
person attending an office of the Land and Property	(determined by the

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

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

attending an office of the Land and Property	as is warranted by the
Information Division, Department of Finance and	work involved in
Services	preparing the copy

(b)	for the continuation of an official search from the	208.00
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	52.00
quarter-hour occupied in the search or continuation of the search after the first hour

9	On request for an office copy of the certificate of the	102.00
result of an official search or continuation of an official search

10	On requisition for a search, or the continuation of a	114.40
search, of the General Register of Deeds
In addition, for each quarter-hour or part of a	57.20
quarter-hour occupied in the search or continuation of the search after the first half-hour

plan referred to in paragraph (b) above In addition, if the plan is accompanied by a building	336.00
management statement

14	On lodgment for registration of a community, precinct	1,763.00
or neighbourhood plan under the Community Land Development Act 1989

In addition, for each quarter-hour or part of a	52.00
quarter-hour in excess of the first 8 hours occupied in the examination of the plan
In addition:

(a)	for each additional sheet in excess of 4	102.00
(b)	for the management statement accompanying the	336.00
community, precinct or neighbourhood plan, including any associated plans or sketches
(c)	for any development contract accompanying the	220.00

community, precinct or neighbourhood plan In addition, for each lot, allotment or portion shown or	131.70
separately defined on the plan
In addition, if the plan is accompanied by a section 88B	102.00
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
In addition, if the plan is accompanied by a section 88B	102.00
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	336.00
management statement
In addition, if the plan is lodged for the purpose of	17.40
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	17.40
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

15	On lodgment of an additional or replacement sheet in	102.00
conjunction with an application to amend a registered community, precinct or neighbourhood plan under the Community Land Development Act 1989
16	For recording a plan prepared solely for the purpose of	102.00
placing survey information on public record

17	For examining a plan if survey information has been	102.00
added to an original compiled plan as a result of a requisition
18	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	1,210.00
(b)	comprising more than 2 lots	1,453.10

(a)	the first 4 hours occupied in the examination of	57.20
the plan referred to in paragraph (a) above
(b)	the first 6 hours occupied in the examination of	57.20
the plan referred to in paragraph (b) above
19	For pre-examination of a community, precinct or	1,939.30
neighbourhood plan under the Community Land Development Act 1989

20	For preparation and supply of a plan	208.00
In addition, for each quarter-hour or part of a	52.00
quarter-hour in excess of the first hour occupied in the preparation of the plan
21	On lodgment of an application for revival of a plan	Such fee as would be appropriate to the plan as a new lodgment
previously rejected or withdrawn
22	On lodgment of a substituted plan or any sheet of such a	102.00
plan or an additional sheet of a plan
23	On lodgment of a section 88B instrument in substitution	Such fee as would

24	On lodgment of an application to amend a plan	102.00
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	102.00

25	On lodgment of an application for an order terminating	102.00
In addition, for each quarter-hour or part of a	52.00
quarter-hour occupied in examining the application
26	On lodgment of a building management statement	336.00
(other than a building management statement lodged with a plan under item 13 or 14)

27	For furnishing a certificate of ownership (Local	52.00
Government Act 1993—section 700 (2) or section 151 (2))
In addition, for each quarter-hour or part of a	52.00
quarter-hour occupied in preparing the certificate of ownership after the first quarter-hour
28	On depositing a document or documents pursuant to	24.60
section 64 of the Act
In addition, for each document in excess of 4	4.10
29	On application for return of a document or documents	24.60
deposited pursuant to section 64 of the Act
In addition, for each document in excess of 4	4.10
30	For inspection of a packet containing a document or	24.60
documents deposited pursuant to section 64 of the Act
31	For production of documents at the Office of State	24.60
Revenue
32	On request for entry of a marginal note evidencing a	102.00
discrepancy between an original instrument and a registered copy of the instrument