Real Property Act 1900 Real Property Amendment (Fees) Regulation 2000 (2000-226) [GG No 66 of 2.6.2000, p 4522] (NSW)
2000 No 226
| Real Property Amendment (Fees) | New South Wales |
Regulation 2000
under the
Real Property Act 1990
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Real Property Act 1990.
KIMBERLEY MAXWELL YEADON, M.P.,
Minister for Information Technology
Explanatory note
The objects of this Regulation are:
| (a) | to increase certain fees payable to the Registrar-General under the Real Property Act 1900, and | |||
| (b) | to introduce new fees for the lodgment (and examination) of an application under section 49 of the Real Property Act 1900 for the cancellation of an easement that has been abandoned, and | |||
| (c) | to remove certain fees that are now obsolete, being: | |||
|
This Regulation is made under the Real Property Act 1900, including section 144
(the general regulation-making power) and, in particular, section 144 (1) (a).
| Published in Gazette No 66 of 2 June 2000, page 4522 | Page 1 |
| [12] | |
| 2000 No 226 | |
| Clause 1 | Real Property Amendment (Fees) Regulation 2000 |
Real Property Amendment (Fees) Regulation 2000
1 Name of Regulation
This Regulation is the Real Property Amendment (Fees) Regulation
2000.
2 Commencement
This Regulation commences on 1 July 2000.
3 Amendment of Real Property Regulation 1998
The Real Property Regulation 1998 is amended as set out in
Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
2000 No 226
Real Property Amendment (Fees) Regulation 2000
| Amendment | Schedule 1 |
| Schedule 1 | Amendment |
(Clause 3)
Schedule 5
Omit the Schedule. Insert instead:
Schedule 5 Fees (Clause 13) $
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 . . . . . . . . . . . . . . . . . . . . . . 58.00 In addition, if the application is received by post and:
(a) no more than 20 instruments are to be
copied . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.00
(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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.00
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Real Property Amendment (Fees) Regulation 2000
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$
In addition, in the case of a document containing Such reasonable fee 20 or more pages, or if an application is made for (determined by the multiple copies of a document containing 10 or Registrar-General)
more pages
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
as is warranted by the cost incurred in preparing the copy or copies.
Advertisements
3 On advertisement, pursuant to section 12 (1) (h1) Such fee as the of the Act, of the intended exercise or Registrar-General performance of any power, authority, duty or determines having function conferred or imposed on the regard to the cost of Registrar-General by the Act. . . . . . . . . . . . . . . . the advertisement. Production of documents
4 For each Crown grant, certificate of title or other
document produced for the purpose of any
application, request, dealing or plan to be
subsequently lodged . . . . . . . . . . . . . . . . . . . . . . 16.50
Applications, requests and dealings
5 On lodgment of an application to bring land
under the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 116.00 6 On lodgment of an application, request or dealing
for which no fee is otherwise provided . . . . . . . . 58.00 7
On lodgment of an application or request for amendment of a folio of the Register, Crown grant or certificate of title . . . . . . . . . . . . . . . . . . 58.00 8 On lodgment of an application under section 81A of the Act for the extinguishment of a restrictive
covenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.00 In addition:
(a) for each hour or part of an hour occupied in
examining the application . . . . . . . . . . . . . . 100. 00 2000 No 226
Real Property Amendment (Fees) Regulation 2000
| Amendment | Schedule 1 |
$
(b) for the Registrar-General’s costs of serving Such fee as the notice under section 81D of the Act by way Registrar-General
of registered post . . . . . . . . . . . . . . . . . . . . determines having
regard to the cost of
posting the notice.
9 On lodgment of an application under section 49 of the Act for the cancellation of an easement
that has been abandoned . . . . . . . . . . . . . . . . . . 58.00 In addition, for each hour or part of an hour
occupied in examining the application . . . . . . . . 100.00 10 On lodgment of an application for the
determination under Part 14A of the Act of the position of the common boundary of adjoining lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.00 11 For every plan, sketch or diagram accompanying
a dealing, application, request or instrument . . . . 58.00 12 In addition, for any dealing, application or
request mentioned in items 5–10 that the
Registrar-General allows to be lodged by post . . 11.00 Caveats 13
On lodgment or recording of a caveat . . . . . . . . 58.00 14 On withdrawal or partial withdrawal of a caveat
pursuant to section 74M (1) of the Act . . . . . . . . 58.00 15 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.00 16 On lodgment of a request for the
Registrar-General to direct the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act . . . . . . . . . . . . . . . . . . . . . . . .
58.00
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17 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.00 18 On lodgment of a notice of a change of name of a
caveator or of the address for service of a notice
on a caveator . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.00
Licensing of forms
19 For examination and licensing 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 . . . . . . . . . . . . . . . . . . . . . . . . 58.00 20 For licensing any person to print approved forms
containing a licence number issued by the
Registrar-General . . . . . . . . . . . . . . . . . . . . . . . . 58.00
Official searches
21 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) . . . . . . . . . . . . . 58.00 In addition, for each half-hour or part of a half-hour occupied in the search after the first
hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.00
Computer folios
22
On the lodgment of a requisition for a computer folio certificate, final search of a computer folio or search of a historical record . . . . . . . . . . . . . .
4.00
Public searches
23 On the lodgment of a requisition requiring dispatch of information by post, facsimile or other approved means:
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(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 . . . . . . . . . . . . . . . . . . . . . 29.70 In addition, for inclusion in the initial search of any additional document forming part of the Register (per document) . . . . . . . . . . . . 4.00 (b) for a final search of a folio of the Register, including a copy of the search and the
transmission fee . . . . . . . . . . . . . . . . . . . . . 22.00 (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 . . . . . . . . . 22.00 In addition, for inclusion of each additional
document required . . . . . . . . . . . . . . . . . . . 4.00 (d) for a historical search of a folio of the Register, including a copy of the search and
the transmission fee . . . . . . . . . . . . . . . . . . 22.00 (e) for providing copies of an instrument or a plan only, including a copy of the document
and the transmission fee . . . . . . . . . . . . . . . 22.00 In addition, for inclusion of each additional
document required . . . . . . . . . . . . . . . . . . . 4.00 (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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.10
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Searches generally
24 In the case of a requisition for an official search Such reasonable fee of a manual folio, a computer folio certificate, a (determined by the final search of a computer folio or a search of a Registrar-General in historical record that, in the opinion of the negotiation with the Registrar-General, is a search for which the above requesting party) as schedule of fees is not appropriate is warranted by the
cost incurred in
carrying out the
search.Certificates of title
25 For the issue of a certificate of title on any
request or application . . . . . . . . . . . . . . . . . . . . . 58.00
Miscellaneous
26 On depositing an instrument declaratory of trusts
or other instrument not specified . . . . . . . . . . . . 58.00 27 On lodgment of a requisition for statement of
grounds under section 121 of the Act . . . . . . . . . 58.00 28 On lodgment of a request for the issue of a
summons under section 12 of the Act . . . . . . . . 58.00 29 On lodgment of a request for the issue of a notice
under section 136 of the Act . . . . . . . . . . . . . . . 58.00 30 For recording of any memorial or notification not
otherwise provided for . . . . . . . . . . . . . . . . . . . . 58.00 31 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 32 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 . . . . . . . . . 28.00
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In addition, for supplying each additional
document forming part of the Register . . . . . . . . 4.00
33 For supplying information in response to a Such reasonable fee written inquiry as to the manner in which a (determined by the proposed dealing or plan should be drawn, or as Registrar-General) to whether a proposed dealing or plan is entitled as is warranted by to registration, or in response to a written inquiry the cost incurred in that necessitates any searching or investigation . .
supplying the information, searching or investigating.
34 For production of documents at the Office of
State Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 35 For supplying details of lots created on the
registration of a deposited plan or strata plan
(within the meaning of the Conveyancing
(General) Regulation 1998) . . . . . . . . . . . . . . . . 2.00 36
In addition, for any dealing, application, request or caveat that refers to more than 20 folios of the Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.00 for each
group of 20 folio
references or part
of that number.
BY AUTHORITY
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