Real Property Act 1900 Real Property Amendment (Fees) Regulation 1998 (1998-279) [GG No 90 of 5.6.1998, p 4052] (NSW)

New South Wales

under the

eal 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.

R. S. Amery MP

Minister for Land and Water Conservation

The object of this Regulation is to increase certain fees payable to the sections 96B, 96J and 144 (the general regulation-making power, in particular, section 144 (1) (a)).

Registrar-General under the Real Property Act 1900.

Clause 1	Real Property Amendment (Fees) Regulation 1998
1 Name of Regulation

This Regulation is the Real Property Amendment (Fees)

Regulation 1998.

2 Commencement

This Regulation commences on 1 July 1998.

3 Amendment of Real Property Regulation 1993

The Real Property Regulation 1993 is amended as set out in

Schedule 1.

4 Note

The explanatory note does not form part of this Regulation.

(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 it affecting land under the

provisions of the Act–for each copy .......................... 56.00
In addition. if the application is received by post and:

(a) no more than 20 instruments are to be copied ... 10.00

Real Property Amendment (Fees) Regulation 1998

Amendment of Real Property Regulation 1993 Schedule 1

$

(b)	more than 20 instruments are to be copied-for the
first 100 instruments or any part of that number 20.00
(c)	more than 100 instruments are to be copied-for each 100 instruments or any part of that number after the first 100 instruments ........................... 20.00

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.. .................................................................... 15.00

Applications, Requests and Dealings

5	On lodgment of an application to bring land under the Act	112.00
6	On lodgment of an application, request or dealing for
which no fee is otherwise provided .............................	56.00
7	On lodgment of an application or request for amendment of
a folio of the Register, Crown grant or certificate of title	56.00
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 .......................................	56.00
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 .....	560.00
10	For every plan, sketch or diagram accompanying a dealing,
application, request or instrument ................................	56.00

Real Property Amendment (Fees) Regulation 1998

Schedule 1 Amendment of Real Property Regulation 1993

$

Caveats

1 1	On lodgment or recording of a caveat .........................	56.00
12	On lodgment or withdrawal or partial withdrawal of a
caveat pursuant to section 74M ( 1) of the Act.. ...........	56.00
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) ............................................	56.00
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.. ............................................	56.00
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 .................................	56.00
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. ....	56.00

Licensing of Forms etc

17	For examination of any dealing that is required by any Act to be in the approved form and is not a form licensed by the Registrar-General.. .....................................................	56.00
18	For licensing any person to print approved forms .......	56.00

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) ...........	56.00
In addition. for each half-hour or part of a half-hour
occupied i n the search after the first hour ...................	28.00

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

Real Property Amendment (Fees) Regulation 1998

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:

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. ....	27.00
In addition, for inclusion in the initial search of any
additional document forming part of the Register

(per document). ............................................... 3.90

for a final search of a folio of the Register, including a copy of the search and the transmission fee .................................................................	20.00
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 ..............................................	20.00
In addition, for inclusion of each additional
document required ...........................................	3.90
for an historical search of a folio of the Register, including a copy of the search and the transmission fee .................................................................	20.00
for providing copies of an instrument or a plan only, including a copy of the document and the transmission fee ..............................................	20.00
In addition, for inclusion of each additional
document required ...........................................	3.90

and for supplying additional documents or copies,

if no transmission cost is included in the initial fee for supplying documents by facsimile transmission

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 in negotiation with the requesting party) as is warranted by the cost incurred in carrying out the search.

Real Property Amendment (Fees) Regulation 1998

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 ......................... 56.00

Miscellaneous

24       On depositing an instrument declaratory of trusts or other

instrument not specified ............................................. 56.00

25        On lodgment of a requisition for statement of grounds

under section 121 of the Act ..................................... 56.00

26        On lodgment of a request for the issue of a summons under

section 12 of the Act ................................................ 56.00

27        On lodgment of a request for the issue of a notice under

section 136 of the Act .............................................. 56.00

28        For recording of any memorial or notification not

otherwise provided for.. ............................................. 56.00
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). ............................................ 15.00

30       For furnishing a certificate of ownership (Local

Government Act 1993—section 700 (2) (b)) and

incorporating in i t any information as to subsisting

encumbrances or interests ........................................... 28.00

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 ................................................................... 20.00
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 .......................... 200.00
34	For supplying a computer listing of plans registered, prior to 23 January 1961, in respect of specified parishes, for each such parish ....................................................... 200.00