Real Property Act 1900 Regulation relating to fees (1991-310) [GG No 98 of 28.6.1991] (NSW)
1991—No. 310
REAL PROPERTY ACT 1900—REGULATION
(Relating to fees)
NEW SOUTH WALES
[Published in Gazette No. 98 of 28 June 1991]
HIS Excellency the Governor, with the advice of the Executive Council,
and in pursuance of the Real Property Act 1900, has been pleased to
make the Regulation set forth hereunder.
GARRY WEST
Minister for Conservation and Land Management.
Commencement
1. This Regulation commences on 1 July 1991.
Amendment
2. The Real Property Act Regulations 1970 are amended by omitting
Schedule 3 and by inserting instead the following Schedule:
SCHEDULE 3
(Reg. 48)
Copies
$
1.
On lodgment of an application for a certified copy of any registered instrument or part of it affecting land under the provisions of the Act
48.50
And, in addition, if the application is received by post:
1991—No. 310
$
(i)
for each application if no more than 20 instruments or any part of them are to be copied
8.50
(ii)
for the first 100 instruments or any part of that number if more than 20 instruments or any part of them are to be copied pursuant to that application
17.00
(iii)
for each 100 instruments or any part of that number after the first 100 instruments if more than 100 instruments or any part of them are to be copied pursuant to that application
17.00
2.
For supplying a copy, available from the Departmental Copy Services, of a document or part of a document pursuant to Regulation 45 (1) (b) (i), (ii) or (iii)
3.80
And, 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 application to bring land under the Act, possessory application or application for 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 OF plan to be subsequently lodged
12.50
Applications, Requests and Dealings
5. On lodgment of application to bring land under
the Act 85.00 1991—No. 310
$
6. On lodgment of any application, request or dealing
for which no fee is otherwise provided 48.50 7.
On lodgment of an application or request for amendment of a folio of the Register, Crown grant or certificate of title 48.50
| 7A. | On lodgment of an application for the determination under Part 14A of the Act of the position of the common boundary of adjoining lands | 105.00 |
| 7B. | 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 | 500.00 |
Caveats
| 8. | On lodgment or recording of caveat | 48.50 |
| 9. | On lodgment or withdrawal or partial withdrawal of a private caveat pursuant to section 74M (1) of the Act | 48.50 |
| 10. | On lodgment of request for withdrawal or partial withdrawal of Registrar-General’s caveat (no fee is payable for withdrawal or partial withdrawal of Registrar-General’s caveat consequent upon lodgment and registration of a dealing) | 48.50 |
| 11. | On lodgment of request for the Registrar-General to direct service of notice on caveator pursuant to section 74N (1) (e) of the Act | 48.50 |
| 12. | On lodgment of application for preparation of notice for service on caveator pursuant to section 74C (3), 74I (1) or (2) or 74J (1) of the Act | 48.50 |
| 13. | On lodgment of notice of change of name of caveator or of address for service of notice on caveator | 48.50 |
Orders of Court
On lodgment or service of an order or injunction restraining the bringing of land under the Act, or
registration of a dealing 48.50
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$
15.
On lodgment or service or written notice being given of any Order of Court not otherwise provided for
48.50
Sealing of Forms
16. For examination and sealing of any dealing which is
required by any Act to be in the approved form and
is not sealed with the seal of the Registrar-General 48.50 17.
On lodgment of request for sealing a printed form 48.50 And, in addition, for every 100 forms or any part of
that number to be sealed 6.00 18.
For licensing any person to print approved forms sealed with the seal of the Registrar-General in accordance with a specimen form approved by the Registrar- General 60.00
Official Searches
19. On requisition for 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 search)
42.00
And, in addition, for each half-hour or part of a
half-hour occupied in the search after the first hour 26.00
Searches of Computer Folios of the Register
20.
On lodgment of a requisition for a computer folio certificate, final search of computer folio or search of historical record
3.80
Searches pursuant to Regulation 45 (1) (c)
21 .
On lodgment of a requisition for information contained in the Register pursuant to Regulation 45
(1) (c): 1991—No. 310
$
(a) for an initial search of a folio of the Register
including investigation as to title reference, a copy of-the relevant folio and transmission fee 26.00
And, in addition, for inclusion in the initial search of any additional document forming part of the Register (per document) 3.80 (b) for a final search of a folio of the Register including a copy of the search and the
transmission fee 17.00 (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 17 .00 And, in addition, for inclusion of each
additional document required 3.80 (d)
for an historical search of a folio of the Register including a copy of the search and the transmission fee 17.00 (e)
for providing copies of an instrument or a plan only including a copy of the document and the transmission fee 17 .00 And, in addition, for inclusion of each
additional document required 3.80 (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:
(i) within the Sydney telephone area
covered by the 02 code 1.00 (ii) outside the Sydney telephone area but
within New South Wales 1.20
(iii) outside New South Wales 2.00
Searches Generally
22. In the case of a requisition for an official search of a
manual folio, a computer folio certificate, final search of computer folio or search of historical record which, in the opinion of the Registrar-General, is a search for which the 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 preparing the search.
Certificates of Title
23. For the issue of a certificate of title on any request
or application if an existing grant or certificate of
title is capable of containing further endorsements
and would otherwise have remained fully current 48.50
Plans
24. On lodgment for registration or recording of a plan
other than a plan prepared solely for the purpose of
placing survey information on public record 290.00 And, in addition, for each lot, allotment or portion
shown or separately defined on the plan 48.50 And, if the plan is accompanied by an instrument referred to in Regulation 33 in which only 1 easement or only 1 restriction on the use of land or only 1 positive covenant is identified, irrespective of the number of lots burdened or benefited, an additional
48.50
And, if the plan is accompanied by an instrument referred to in Regulation 33 in which the combined number of easements, restrictions on the use of land
or positive covenants is 2 or more, an additional 100.00 And, if the plan is lodged for the purpose of consolidation—for each folio of the Register to be consolidated, an additional
12.50
$
And, if a plan lodged in connection with an application to bring land under the Act includes land already under the Act and a consolidated folio of the Register is to be created—for each folio to be consolidated, an additional 12.50 25. For recording of a plan prepared solely for the
purpose of placing survey information on public
record 48.50 26.
For re-investigating a plan if survey information has been added to an original compiled plan as a result of a requisition 53.00 27. For every plan, sketch or diagram accompanying a
dealing, application, request or instrument 48.50 28.
For investigating plan before lodgment 290.00 And, in addition, for each half-hour or part of a half-hour in excess of the first 4 hours occupied in the investigation 24.00 29.
For preparation and supply of plan 80.00 And, in addition, for each half-hour or part of a half-hour in excess of the first hour occupied in the preparation 24.00 30. On lodgment of application for revival of a plan previously rejected or withdrawn—such fee as would be appropriate to the plan as a new lodgment.
31. On lodgment of a substituted plan or any sheet of
such a plan or an additional sheet of a plan 48.50 32. On lodgment of an instrument referred to in
Regulation 33, in substitution for another such instrument or part of it—such fee as would be appropriate to the instrument as an original lodgment.
33.
On lodgment of an application to mend a plan 48.50 And, in addition, if the application involves the amendment of a folio of the Register, Crown grant or certificate of title:
(a) for the first folio, grant or certificate 48.50 (b) for each folio, grant or certificate after the
first 6.00
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$
Miscellaneous
34. On depositing an instrument declaratory of trusts or
other instrument not specified 48.50 35. On lodgment of requisition for statement of grounds
under section 121 of the Act 48.50 36. On lodgment of request for the issue of a summons
under section 12 of the Act 48.50 37. On lodgment of request for the issue of a notice
under section 136 of the Act 48.50 38. For recording of any memorial or notification not
otherwise provided for 48.50 39.
On lodgment of request for delivery of document or documents pursuant to section 23A (3) (c) of the Act (no fee is payable if request is made during currency of the primary application) 12.50 40.
For furnishing certificate of ownership (Local Government Act 1919—section 622 (2)) and incorporating in it any information as to subsisting encumbrances or interests 26.00 And, in addition, for supplying each additional
document forming part of the Register 3.80 41. For supplying information in response to a written inquiry as to the manner in which a proposed dealing or plan should be drawn, or whether a proposed dealing or plan should be entitled to registration, or if the inquiry necessitates any
searching or investigation—a reasonable fee
determined by the Registrar-General.
42.
For production of documents at Stamp Duties Office 16.00 43.
On subpoena served on the Registrar-General to produce documents in the Registrar-General’s custody 48.50
And, in addition, for each document in excess of 5 5.00 And, in addition, if the Registrar-General so requires, such other expenses as are reasonably incurred in the production of the documents.
44. For supplying computer listing of plans registered on or after 23 January 1961:
1991—No. 310
$
(a) in specified Local Government areas, for each
such area 77.00
(b) in specified parishes, for up to 30 parishes And, in addition, for each additional parish after the
140.00
first 30 parishes 3.00
| 45. | For supplying computer listing of plans registered prior to 23 January 1961 in specified parishes, for the first 10 parishes | 325.00 |
| And, in addition, for each additional parish after the |
first 10 parishes 3.00 EXPLANATORY NOTE
The object of this Regulation is to amend the Real Property Act Regulations
1970 so as to increase certain charges presently payable to the Registrar-General.
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