Crown Lands (Fees) Variation Regulations 2006 (SA)

Case

South Australia

Crown Lands (Fees) Variation Regulations 2006

under the Crown Lands Act 1929

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Crown Lands Regulations 1996

  1. Substitution of Schedule 2

    Schedule 2—Fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Crown Lands (Fees) Variation Regulations 2006.

2—Commencement

These regulations will come into operation on 1 July 2006.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Crown Lands Regulations 1996

4—Substitution of Schedule 2

Schedule 2—delete the Schedule and substitute:

Schedule 2—Fees

Part 1—Application fees

1

Application for consent—

    (a)    to transfer, assign, mortgage, encumber or sublet a lease, agreement or land grant (or part of a lease)

$300.00

    (b)    to transfer, assign or sublet a licence where the licence is held inseparable with other Crown leasehold land being transferred

$148.00

    (c)     to transfer, assign or sublet a licence in any other case

$300.00

2

Application to surrender a lease for other tenure

$318.00

3

Application to surrender a perpetual lease and purchase fee simple

$286.00

4

Application to surrender absolutely a miscellaneous lease endorsed "non-acceptable" and for the issue of a new miscellaneous lease to a nominated party

$300.00

5

Application to convert a licence to other tenure

$319.00

6

Application for a duplicate or amended consent to transfer, assign, mortgage, encumber or sublet a lease, agreement or land grant

$21.50

7

The cost of publishing a notice in the Gazette where required under section 222 of the Act is payable in addition to the fees in this Part.

Part 2—Document fees

8

For preparing—

    (a)    a land grant

$201.00

    (b)    a lease or agreement

$395.00

    (c)     a surrender of a lease or agreement

$237.00

    (d)    a surrender of part of a lease or agreement

$395.00

    (e)     a certificate under section 66A or 66B of the Act

$201.00

     (f)     a certificate where a lease or agreement is altered, renewed or revived

$201.00

    (g)     a determination of a lease or agreement on completion of purchase

$237.00

    (h)    a resumption of a lease or agreement

$237.00

     (i)     a resumption of part of a lease or agreement

$395.00

     (j)     a request by the Minister to alter or cancel a land grant or certificate of title on behalf of another party

$201.00

    (k)    a grant of easement or an extinguishment of a grant of easement

$201.00

     (l)     a mortgage or discharge of mortgage

$201.00

9

For correcting by registration an error in the name or other particulars supplied by or on behalf of a lessee, purchaser or other party

$201.00

Part 3—Miscellaneous fees

10

For processing a transaction (other than a transaction in respect of which an application fee has been paid) under the Act at the request of any person for the benefit of that person or some other person nominated by that person

Note—

Document fees are payable in addition to the fee for processing a transaction.

$300.00

11

For production in the Lands Titles Office of land grants, certificates of title, leases and agreements held as security irrespective of the number of documents involved in the one transaction

$119.00

12

For preparing or checking definitions for proclamations or notices under the Act—

    (a)    where the time spent in preparing or checking definitions exceeds two and a half hours (per hour)

$82.00

    (b)    minimum fee

$207.00

Note—

1           Lands Titles Office fees and stamp duty are not included in the fees in this Schedule but will, in appropriate circumstances, be payable.

2           This Schedule of fees also applies in relation to the Irrigation (Land Tenure) Act 1930. The Irrigation (Land Tenure) Act 1930 is, under section 3 of that Act, incorporated with the Crown Lands Act 1929.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 15 June 2006

No 76 of 2006

EHCS06/0004

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