Conveyancing (General) Amendment (Fees) Regulation 2013 (NSW)

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2013 No 298

New South Wales

Conveyancing (General) Amendment

(Fees) Regulation 2013

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.

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 remove the GST component from the 2 fees relating to a public search of the General Register of Deeds.

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 21 June 2013 Page 1
2013 No 298
Clause 1 Conveyancing (General) Amendment (Fees) Regulation 2013

Conveyancing (General) Amendment (Fees) Regulation

2013

under the

Conveyancing Act 1919

1      Name of Regulation

This Regulation is the Conveyancing (General) Amendment (Fees)
Regulation 2013.

2      Commencement

This Regulation commences on 1 July 2013 and is required to be published on the NSW legislation website.

2013 No 298

Conveyancing (General) Amendment (Fees) Regulation 2013

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)

Item Matter for which fee payable Fee

Registration in the General Register of Deeds

1 For each registration, or renewal or vacation of $100.50
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 $100.50
otherwise provided for in this Schedule
3 On request for preparation of a registration copy of an $13.90 for up to
instrument or part of an instrument 4 pages, and then
$13.90 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 $13.90

and Property Information Division, Department

of Finance and Services

(b) by electronic means to any agent licensed by the $7.20
Land and Property Information Division,
Department of Finance and Services

2013 No 298

Conveyancing (General) Amendment (Fees) Regulation 2013

Schedule 1 Amendment of Conveyancing (General) Regulation 2008
Item Matter for which fee payable Fee

(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 $104.50
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 requesting party) as
fees is not appropriate is warranted by the
cost incurred in
providing the copy
7 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 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 $212.00

of the certificate of the result of the search)

(b) for the continuation of an official search from $212.00
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 $53.00
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 $104.50
result of an official search or continuation of an official
search

Public searches (General Register of Deeds)

10 On requisition for a search, or the continuation of a $106.00
search, of the General Register of Deeds

2013 No 298

Conveyancing (General) Amendment (Fees) Regulation 2013

Amendment of Conveyancing (General) Regulation 2008 Schedule 1
Item Matter for which fee payable Fee
In addition, for each quarter-hour or part of a $53.00
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 $13.90

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 $13.90

and Property Information Division, Department

of Finance and Services

(b) by electronic means to any agent licensed by the $7.20
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 $1,127.50
(b) comprising more than 2 lots $1,354.00

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 $53.00

a plan referred to in paragraph (a) above

(b) the first 6 hours occupied in the examination of $53.00
a plan referred to in paragraph (b) above
In addition, if the plan is accompanied by a building $344.40
management statement
14 On lodgment for registration of a community, precinct $1,807.00
or neighbourhood plan under the Community Land
Development Act 1989

2013 No 298

Conveyancing (General) Amendment (Fees) Regulation 2013

Schedule 1 Amendment of Conveyancing (General) Regulation 2008
Item Matter for which fee payable Fee
In addition, for each quarter-hour or part of a $53.00
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 $104.50
(b) for the management statement accompanying $344.40
the community, precinct or neighbourhood
plan, including any associated plans or sketches
(c) for any development contract accompanying the $225.50

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

$135.00

separately defined on the plan
In addition, if the plan is accompanied by a section 88B $104.50

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 $104.50

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 $344.40
management statement
In addition, if the plan is lodged for the purpose of $17.80
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 $17.80
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 $104.50

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 $104.50
placing survey information on public record
17 For examining a plan if survey information has been $104.50
added to an original compiled plan as a result of a
requisition

2013 No 298

Conveyancing (General) Amendment (Fees) Regulation 2013

Amendment of Conveyancing (General) Regulation 2008 Schedule 1
Item Matter for which fee payable Fee

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 $1,240.25
(b) comprising more than 2 lots $1,489.40

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 $58.30
the plan referred to in paragraph (a) above
(b) the first 6 hours occupied in the examination of $58.30
the plan referred to in paragraph (b) above
19 For pre-examination of a community, precinct or $1,987.70
neighbourhood plan under the Community Land
Development Act 1989
In addition, for each quarter-hour or part of a $58.30
quarter-hour in excess of the first 8 hours occupied in
the examination of the plan
20 For preparation and supply of a plan $212.00
In addition, for each quarter-hour or part of a $53.00
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
previously rejected or withdrawn appropriate to the
plan as a new
lodgment
22 On lodgment of a substituted plan or any sheet of such $104.50
a plan or an additional sheet of a plan
23 On lodgment of a section 88B instrument in Such fee as would be
substitution for another such instrument or part of such appropriate to the
instrument instrument as an
original lodgment
24 On lodgment of an application to amend a plan $104.50

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 $104.50
(b) for each subsequent grant, certificate or folio $13.90

2013 No 298

Conveyancing (General) Amendment (Fees) Regulation 2013

Schedule 1 Amendment of Conveyancing (General) Regulation 2008
Item Matter for which fee payable Fee
25 On lodgment of an application for an order terminating $104.50
a neighbourhood scheme under section 72 of the
Community Land Development Act 1989
In addition, for each quarter-hour or part of a $53.00
quarter-hour occupied in examining the application
26 On lodgment of a building management statement $344.40
(other than a building management statement lodged
with a plan under item 13 or 14)

Miscellaneous

27 For furnishing a certificate of ownership (Local $53.00
Government Act 1993—section 700 (2) or section 151 (2))
In addition, for each quarter-hour or part of a $53.00
quarter-hour occupied in preparing the certificate of
ownership after the first quarter-hour
28 On depositing a document or documents pursuant to $25.20
section 64 of the Act
In addition, for each document in excess of 4 $4.20
29 On application for return of a document or documents $25.20
deposited pursuant to section 64 of the Act
In addition, for each document in excess of 4 $4.20
30 For inspection of a packet containing a document or $25.20
documents deposited pursuant to section 64 of the Act
31 For production of documents at the Office of State $25.20
Revenue
32 On request for entry of a marginal note evidencing a $104.50
discrepancy between an original instrument and a
registered copy of the instrument
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