Real Property Act 1900 Real Property Amendment (Fees) Regulation 2001 (2001-488) [GG No 103 of 29.6.2001, p 4703] (NSW)
2001 No 488
| Real Property Amendment (Fees) | New South Wales |
Regulation 2001
under the
Real Property Act 1900
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Real Property Act 1900.
KIM 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: | |||
| ||||
| (c) | to correct the description of a fee item relating to the examination and authentication of certain dealings etc to better reflect the nature of the service provided, and | |||
| (d) | to remove an obsolete fee, being the fee for licensing any person to print approved forms containing a licence number issued by the Registrar-General. |
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 103 of 29 June 2001, page 4703 | Page 1 |
| [12] | |
| 2001 No 488 | |
| Clause 1 | Real Property Amendment (Fees) Regulation 2001 |
Real Property Amendment (Fees) Regulation 2001
1 Name of Regulation
This Regulation is the Real Property Amendment (Fees)
Regulation 2001.
2 Commencement
This Regulation commences on 1 July 2001.
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.
2001 No 488
Real Property Amendment (Fees) Regulation 2001
| 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 60.00 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
2001 No 488
Real Property Amendment (Fees) Regulation 2001
| Schedule 1 | Amendment |
$
2 For supplying a copy of a document or part of a
document available from the Document Copy
Service 4.00 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 5 In addition, 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 that the Registrar-General
allows to be produced by post 11.00
Applications, requests and dealings
6 On lodgment of an application to bring land
under the Act 120.00 7 On lodgment of an application, request or dealing
for which no fee is otherwise provided 60.00 8
On lodgment of an application or request for amendment of a folio of the Register, Crown grant or certificate of title 60.00
2001 No 488
Real Property Amendment (Fees) Regulation 2001
| Amendment | Schedule 1 |
$
9 On lodgment of an application under section 81A
of the Act for the extinguishment of a restrictive
covenant 60.00 In addition:
(a) for each hour or part of an hour occupied in
examining the application 100.00
(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 notice10 On lodgment of an application under section 49
of the Act for the cancellation of an easement that
has been abandoned 60.00 In addition, for each hour or part of an hour
occupied in examining the application 100.00 11 On lodgment of an application for the
determination under Part 14A of the Act of the position of the common boundary of adjoining lands 60.00 12
On lodgment of a building management statement 60.00 13 For every plan, sketch or diagram accompanying
a dealing, application, request or instrument 60.00 14 In addition, for any dealing, application or
request mentioned in items 6–11 that the
Registrar-General allows to be lodged by post 11.00 Caveats 15
On lodgment or recording of a caveat 60.00 16 On withdrawal or partial withdrawal of a caveat
pursuant to section 74M (1) of the Act 60.00
2001 No 488
Real Property Amendment (Fees) Regulation 2001
| Schedule 1 | Amendment |
$
17 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) 60.00 18
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 60.00 19 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 60.00 20 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 60.00
Authentication of forms
21 For examination and authentication of any
dealing, application, request or caveat that is
required by any Act to be in an approved form
which contains departures from the approved form and which is not a form licensed by the Registrar-General, an additional
60.00
Official searches
22 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) 60.00 In addition, for each half-hour or part of a half-hour occupied in the search after the first
hour 30.00
2001 No 488
Real Property Amendment (Fees) Regulation 2001
| Amendment | Schedule 1 |
$
Computer folios
23
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
24 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 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
2001 No 488
Real Property Amendment (Fees) Regulation 2001
| Schedule 1 | Amendment |
$
(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
Searches generally
25 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
searchCertificates of title
26 For the issue of a certificate of title on any
request or application 60.00
Miscellaneous
27 On depositing an instrument declaratory of trusts
or other instrument not specified 60.00 28 On lodgment of a requisition for statement of
grounds under section 121 of the Act 60.00 29 On lodgment of a request for the issue of a
summons under section 12 of the Act 60.00 30 On lodgment of a request for the issue of a notice
under section 136 of the Act 60.00 31 For recording of any memorial or notification not
otherwise provided for 60.00 32 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
2001 No 488
Real Property Amendment (Fees) Regulation 2001
| Amendment | Schedule 1 |
$
33 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 30.00 In addition, for supplying each additional
document forming part of the Register 4.00 34
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 35 For production of documents at the Office of
State Revenue 20.00 36 For supplying details of lots created on the
registration of a deposited plan or strata plan
(within the meaning of the Conveyancing 2.00 (General) Regulation 1998)
37
In addition, for any dealing, application, request or caveat that refers to more than 20 folios of the Register
60.00 for each
group of 20 folio
references or part
of that number
BY AUTHORITY
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