Land Amendment Regulations 1996 (WA)

3054	GOVERNMENT GAZETTE, WA	[28 June 1996
LA301

2. These regulations come into operation on 1 July 1996.

LAND ACT 1933

LAND AMENDMENT REGULATIONS 1996

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Land	Amendment
Regulations 1996.
Commencement

28 June 19961 GOVERNMENT GAZETTE, WA 3055

Principal regulations

3. In these regulations the Land Regulations 1968* are referred to as the

principal regulations.

[* Reprinted as at 1 July 1993. For amendments to 29 May 1996 see 1995 Index to Legislation of Western Australia, Table 4, p. 162.1

Schedule to regulation 5 repealed and a Schedule substituted

4.     The Schedule to regulation 5 of the principal regulations is repealed and

the following Schedule is substituted -

SCHEDULE

Division 1 - Services

$

1.      For the preparation of a lease a licence, a substitute

section 142 (2) of the Act destroyed) or a permit to occupy issued under duplicate lease or licence (where duplicate lost or

60.00

2.       For registration of a discharge of a mortgage - for each

holding affected 60.00

3.      For registration or recording of a transfer of mortgage -

for the first mortgage	60.00
for a subsequent mortgage	13.00

4.      Forregistration of any instrument not specifically

provided for 60.00

5. For any entering up 60.00

6.	For an application for the amendment of boundaries of a pastoral lease or for a change of name as to the holder of a holding or any other application not specifically provided for	60.00
7.	For the lodging of a caveat or for a total or partial
withdrawal of a caveat

60.00

8.       For serving notice on a caveator under section 153 (3) of

the Act 60.00

9. For the reinstatement of a forfeited holding 60.00

10.    For the issue of a Crown grant under section 41 (4) or

142 (1) of the Act 60.00

11.    For the issue of a closed road certificate under section

118F (2) of the Act 60.00

Division 2- Searches

$

1.      Of the register of leases, licences or reserves - each

holding 4.00
2.	Of a names index - each name 4.00
3.	Of the register of Crown reserves (including hard copy print-out) - each reserve 8.00

3056 GOVERNMENT GAZETTE, WA 128 June 1996

4.	Of a lease, licence, plan diagram or other document not specifically provided or other than a field book (including electrostatic photocopy)	8.00
5.	Of a field book where a photocopy is requested	8.00
6.	For photocopies of plans, diagrams or field books obtained by a customer using self-service equipment -

per A4 page	1.40
per A3 page	2.10

Division 3— Miscellaneous

$

1. For a report on an entry in the register of Crown
reserves -

report not requiring special computer

programming	37.50
print of output as to each report - per page	2.30
report requiring special computer programming..	37.50

plus pre-programming for the report - per

whole or part hour 75.00

2.	Minimum charge for a Crown register report	90.00
3.	For the lodgment of a plan or diagram (drawn externally) other than a survey plan or diagram -

(a) that is lodged on behalf of a local government in

respect of Crown land; or

(b) in respect of land to be disposed under section 118A of the Act if the land is valued for the

purposes of that section at an amount less than the total of fees that would otherwise be payable under this item and regulation 8 -

general fee	110.00
for each lot or part lot on such plan or diagram or for each lot or part lot burdened by an easement drawn on	such plan or diagram and for each lot or part lot	included in a road or road widening drawn on such plan
or diagram	45.00

4.      For advertising -

minimum fee (payable on lodgment of application	etc.)	60.00
cost is known).

plus actual cost above $60.00 (payable when actual For the certification under section 65 of the Evidence Act 1906 of a copy of a plan, diagram or other document (excluding documents created for a customer)

5.

60.00

6.      For posting by request search information or any

document 9.00

7.       For posting material weighing over 50 grams or material

assessed in each case by an officer of the Department overseas - $9.00 plus such additional costs as are

who is authorized to do so.

28 June 19961 GOVERNMENT GAZETTE, WA 3057

8.       For requisitions raised by an authorized land officer on a

plan, diagram or other survey document 80.00

Division 4— Fees to be assessed

The fees payable in respect of the following services are the fees assessed in each case by an officer of the Department who is authorized to do so but which shall not exceed the cost of providing the service.

1.      For a diagram drawn or certified on a transfer, surrender, mortgage, application or other instrument.

2.      For the creation, registration and certification of a plan, diagram or other document.

3.       For a map or a colouring of a map on a copy of a plan, diagram or other document.

4.      For a copy of a document by a process other than by electrostatic copier.

5.       For amendments made by an authorized land officer to a plan, diagram or other survey document in respect of which requisitions have been raised.

6.       For the performance, for the purposes of the Act, of any service not mentioned in this Schedule.

Regulation 8 amended

5.     (1) Regulation 8 (1) of the principal regulations is repealed the

following subregulation is substituted -

"

(1) The cost of survey of land shall be payable in accordance with

the First Schedule to this regulation except that -

(a)	in special cases approved by the Minister the cost of survey shall be charged at the actual cost incurred in
survey as certified in writing by the Surveyor General, and shall be payable accordingly; and
(b)	the cost of survey shall not be charged for the

preparation of a survey plan or diagram -

that is to be lodged on behalf of a local

(a) government in respect of Crown land; or

(b)	section 118A of the Act if the land is valued
in respect of land to be disposed under
for the purposes of that section at an amount less than the total of fees that would otherwise be payable under this regulation and item 3 of Division 3 of the Schedule to regulation 5. ,,

(2) Regulation 8 (4) of the principal regulations is amended by deleting

"full cost of the survey" and substituting the following -

" cost of survey, as assessed under this regulation, ".

Regulation 12 amended

6.     Regulation 12 (6) of the principal regulations is repealed and the

following subregulation is substituted -

"

may be made before a person who has authority under the Declarations (6) Declarations, setting out particulars required by the Board,

and Attestations Act 1913 to take declarations and any statement shall

be supported by documentary evidence if so required by the Board. ,,

3058 GOVERNMENT GAZETTE, WA [28 June 1996

Schedule amended

7. (1) The Schedule to the principal regulations is amended in Form 19

by deleting "Shire Council" and substituting the following —

" Local Government ".

(2) The Schedule to the principal regulations is amended in Form 21 by

deleting the sentence commencing "Under the Declarations and Attestations

Act 1913" and substituting the following —

44

(A person authorized to take declarations under the

Declarations and Attestations Act 1913)

(3) The Schedule to the principal regulations is amended in Form 28 by

deleting "City" and substituting the following —

a • a city .

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.