Real Property Act 1900 Real Property Amendment (Fees) Regulation 1996 (1996-213) [GG No 67 of 7.6.1996] (NSW)
1996 No 213
New South Wales
Real Property Amendment (Fees)
Regulation 1996
under the
Real Property Act 1900
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Real Property Act 1900.
Kim Yeadon MP
Minister for Land and Water Conservation
Explanatory note
The object of this Regulation is to increase and rationalise certain fees
payable to the Registrar-General under the Real Property Act 1900.The Regulation is made under the Real Property Act 1900, including sections 96B, 96J and 144 (the general regulation making power, in particular, section 144 (1) (a)).
Published in Gazette No 67 of 7 June 1996, page 2900 Page 1
1996 No 213
| Clause 1 | Real Property Amendment (Fees) Regulation 1996 |
Real Property Amendment (Fees) Regulation
1996
1 Name of Regulation
This Regulation is the Real Property Amendment (Fees)
Regulation 1996.
2 Commencement
This Regulation commences on 1 July 1996.
3 Amendment of Real Property Regulation 1993
The Real Property Regulation 1993 is amended as set out in
Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
| Schedule 1 | Amendment of Real Property Regulation 1993 |
(Clause 3)
Schedule 5 Fees
Omit the Schedule. Insert instead:
Schedule 5 Fees
(Clause 14)
$
Copies
1
On lodgment of an application for a certified copy of a registered instrument or part of i t affecting land under the provisions of the Act—for each........................................... copy
53.00
In addition, if the application is received by post and:
(a) no more than 20 instruments are to be copied ... 9.00
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Real Property Amendment (Fees) Regulation 1996
Amendment of Real Property Regulation 1993 Schedule 1
$
(b) more than 20 instruments are to be copied—for the
first 1 0 0 instruments or any part of that number 18.00 (c)
more than 100 instruments are to be copied—for each 1 0 0 instruments or any part of that number after the first 1 0 0 instruments.. ......................... 18.00 2 For supplying a copy of a document or part of a document
available from the Document Copy Service .................. 3.90 In addition, in the case of a document containing 20 or more pages, or if an application is made for multiple copies of a document containing 10 or more pages, such reasonable fee (determined by the Registrar-General) as is warranted by the cost incurred in preparing the copy or copies.
Advertisements
3 On advertisement of an application to bring land under the Act, a possessory application or an application for an order for foreclosure, such fee as the Registrar-General determines having regard to the cost of the advertisement.
Production of Documents
4
For each grant, certificate of title, duplicate registered dealing or other document produced for the purpose of any application, request, dealing or plan to be subsequently lodged ......................................................................
13.00
Applications, Requests and Dealings
5 On lodgment of an application to bring land under the Act 90.00 6 On lodgment of an application, request or dealing for which no fee is otherwise provided ............................. 53.00 7 On lodgment of an application or request for amendment of a folio of the Register, Crown grant or certificate of title 53.00 8
On lodgment of an application for the determination under Part 14A of the Act of the position of the common boundary of adjoining lands .......................................
53.00
9 On lodgment of a request under section 135J of the Act for referring a matter to the Land and Environment Court for determination of the position of a boundary of land ..... 530.00 10 For every plan, sketch or diagram accompanying a dealing, application, request or instrument ................................ 53.00
1996 No 213
Real Property Amendment (Fees) Regulation 1996
| Schedule 1 | Amendment of Real Property Regulation 1993 |
| 11 | On lodgment or recording of a caveat ......................... | 53.00 |
| 12 | On lodgment or withdrawal or partial withdrawal of a | |
| caveat pursuant to section 74M (1) of the Act ............. | 53.00 | |
| 13 | On lodgment of a request for withdrawal or partial withdrawal of a Registrar-General’s caveat (no fee is payable for withdrawal or partial withdrawal of a Registrar-General’s caveat consequent on lodgment and registration of a dealing) ............................................ | 53.00 |
| 14 | On lodgment of a request for the Registrar-General to direct service of a notice on a caveator pursuant to section | |
| 74N (1) (e) of the Act. ............................................. | 53.00 | |
| 15 | On lodgment of an application for preparation of a notice for service on a caveator pursuant to section 74C (3), 74I | |
| (1) or (2) or 74J (1) of the Act ................................. | 53.00 | |
| 16 | On lodgment of a notice of change of name of a caveator or | |
| of the address for service of a notice on a caveator ..... | 53.00 |
Sealing of Forms
17
For examination and sealing of any dealing that is required by any Act to be in the approved form and is not sealed with the seal of the Registrar-General .........................
53.00
18 For licensing any person to print approved forms sealed with the seal of the Registrar-General ........................ 53.00 Official Searches
19
On requisition for an official search of a manual folio of the Register (whether or not requiring the continuation of a search from the date of a previous search of that folio or the date of a prior certificate of result of a search) ...........
53.00
In addition, for each half-hour or part of a half-hour occupied i n the search after the first hour ................... 26.00 Computer Folios
20
On the lodgment of a requisition for a computer folio certificate, final search of a computer folio or search of an historical record ........................................................
3.90
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Real Property Amendment (Fees) Regulation 1996
Amendment of Real Property Regulation 1993 Schedule 1 Public Searches
21 On the lodgment of a requisition requiring dispatch of information by post, facsimile or other approved means:
(a) for an initial search of a folio of the Register, including investigation as to title reference, a copy
of the relevant folio and the transmission fee. .... 26.00 In addition, for inclusion in the initial search of any additional document forming part of the Register
(per document) ................................................ 3.90 (b)
for a final search of a folio of the Register, including a copy of the search and the transmission fee ................................................................. 18.00 (c)
for providing copies of a folio or dealing if no investigation as to title reference is required, including a copy of the folio or dealing and the transmission fee .............................................. 18.00 In addition, for inclusion of each. additional
document required ........................................... 3.90 (d)
for an historical search of a folio of the Register, including a copy of the search and the transmission fee ................................................................. 18.00 (e)
for providing copies of an instrument or a plan only, including a copy of the document and the transmission fee .............................................. 18.00 In addition, for inclusion of each additional
document required ........................................... 3.90 (f)
for supplying documents by facsimile transmission if no transmission cost is included in the initial fee and for supplying additional documents or copies, for each sheet ................................................. 1.00
Searches Generally 22 In the case of a requisition for an official search of a manual folio, a computer folio certificate, a final search of a computer folio or a search of an historical record that, in the opinion of the Registrar-General, is a search for which the above scale of fees is not appropriate. such reasonable fee (determined by the Registrar-General i n negotiation with the requesting party) as is warranred by the cost incurred in carrying out the search.
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Real Property Amendment (Fees) Regulation 1996
Schedule 1 Amendment of Real Property Regulation 1993
Certificates of Title
23 For the issue of a certificate of title on any request or
application where an existing grant or certificate of title is capable of containing further endorsements and would otherwise have remained fully current .........................
53.00
Miscellaneous
24 On depositing an instrument declaratory of trusts or other
instrument not specified ............................................. 53.00 25 On lodgment of a requisition for statement of grounds
under section 121 of the Act ..................................... 53.00 26 On lodgment of a request for the issue of a summons under
section 12 of the Act ................................................ 53.00 27 On lodgment of a request for the issue of a notice under
section 136 of the Act .............................................. 53.00 28 For recording of any memorial or notification no t
otherwise provided for.. ............................................. 53.00 29 On lodgment of a request for delivery of a document or documents pursuant to section 23A (3) (c) of the Act (no fee is payable if the request is made during the currency of
the primary application) ............................................. 13.00 30 For furnishing a certificate of ownership (Local
Government Act 1993—section 700 (2)) and incorporating
in it any information as to subsisting encumbrances or
interests ................................................................... 26.00 In addition, for supplying each additional document
forming part of the Register ....................................... 3.90 31 For supplying information in response to a written inquiry as to the manner in which a proposed dealing or plan should be drawn, or as to whether a proposed dealing or plan is entitled to registration, or in response to a written inquiry that necessitates any searching or investigation-a reasonable fee determined by the Registrar-General.
32 For production of documents at the Office of State
Revenue ................................................................... 18.00 33
For supplying a computer listing of plans registered, on or after 23 January 1961, in respect of specified local government areas, for each such area... ....................... 150.00
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Real Property Amendment (Fees) Regulation 1996
Amendment of Real Property Regulation 1993 Schedule 1
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34 For supplying a computer listing of plans registered, prior to 23 January 1961, in respect of specified parishes, for the
first 10 parishes ........................................................ 200.00 In addition, for each additional parish after the first 10
parishes .................................................................... 10.00
0
0
0