Real Property Act 1900 Regulation relating to fees (1992-315) [GG No 72 of 19.6.1992] (NSW)
1992—No. 315
REAL PROPERTY ACT 1900—REGULATION
(Relating to fees)
NEW SOUTH WALES
[Published in Gazette No. 72 of 19 June 1992]
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 1992.
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 Iand under the provisions of the Act ...............
50.00
1992—No. 315
$
And, in addition, if the application is received by post:
(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 of any part of them are to
be copied pursuant to that application .............. 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) ....................................................................
17.00
2.
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
Register-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 ..................................
12.50
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$
Applications, Requests and Dealings
5. On lodgment of application to bring land under
the Act ......................................................................... 85.00 6. On lodgment of any application, request or dealing
for which no fee is otherwise provided ....................... 50.00 7.
On lodgment of an application or request for amendment of a folio of the Register, Crown grant or certificate of title ..................................................... 50.00 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 ....................... 50.00 9.
On lodgment of a request under section 135J of the Act for referring a matter to the Land and Environment Court for detemination of the position of a boundary of land ................................................ 500.00
Caveats
| 10. | On lodgment or recording of caveat ............................ | 50.00 |
| 11. | On lodgment or withdrawl or partial withdrawl of a private caveat pursuant to section 74M (1) of the Act ............................................................................... | 50.00 |
| 12. | 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 on lodgment and registration of a dealing)...................................... | 50.00 |
| 13. | On lodgment of request for the Register-General to direct service of notice on caveator pursuant to section 74N (1) (e) of the Act .................................... | 50.00 |
| 14. | 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.............................. | 50.08 |
| 15. | On lodgment of notice of change of name of caveator or of address for service of notice on caveator ....................................................................... | 50.80 |
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$
Orders of Court
16.
On lodgment or service of an order or injunction restraining the bringing of land under the Act, or registration of a dealing ..............................................
50.00
17.
On lodgment or service or written notice being given of any Order Of Court not otherwise provided for ...............................................................................
50.00
Sealing of Form
18.
For examination and sealing of my dealing which is required by any Act to be in the approved form an is not sealed with the seal of the Registrar-General
50.00
19. On lodgment of request for sealing a printed form 50.00 And, in addition, for every 100 forms or any part of that number to be sealed ............................................. 6.00 20.
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
21.
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
22.
On lodgment of a requisition for a computer folio certificate, final search of computer folio or search of historical record .....................................................
3.80
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$
Searches pursuant to Regulation 45 (1) (c)
23. On lodgment of a requisition for information contained in the Register pursuant to Regulation 45 (1) (c):
(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 histoical 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 ....................................
19.00
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....................... (iii) outside New South Wales .....................
1.20
2.00
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$
Searches Generally
24. In the case of a requisition for an official search of a manual folio, a cornputer 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
25. 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 50.00
Plans
26.
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 .............
360.00
And, in addition, for each lot, allotment or portion shown or separately defined on the plan ....................... 50.00
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 .................................................................... 50.00 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
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$
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 27. For recording of a plan prepared solely for the
purpose of placing survey information on public
record ........................................................................... 50.00 28.
For re-investigating a plan if survey information has been added to an original compiled plan as a result of a requisition ............................................................. 53.00 29. For every plan, sketch or diagram accompanying a
dealing, application, request or instrument ................. 50.00 30.
For investigating plan before lodgment ...................... 360.00 And, in addition, for each half-hour or part of a half-hour in excess of the first 4 hours occupied in the investigation ........................................................ 26.00 31.
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 ................................................................... 26.00 32. 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.
33. On lodgment of a substituted plan or any sheet of
such a plan or an additional sheet of a plan ................ 50.00 34. 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
| 35. |
|
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 .................... 50.80 (b) for each folio, grant or certificate after the
first ........................................................................ 6.00 1992—No. 315
$
Miscellaneous
34. On depositing an instrument declaratory of trusts or
other instrument not specified ................................... 50.00 37. On lodgment of requisition for statement of grounds
under section 121 of the Act ....................................... 50.00 38. On lodgment of request for the issue of a summons
under section 12 of the Act ........................................ 50.00 39. On lodgment of request for the issue of a notice
under section 136 of the Act ....................................... 50.00 40. For recording of any memorial or notification not
otherwise provided for ................................................ 50.00 41.
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 42. For furnishing certificate of ownership (Local
Government Act 1919—section 622 (2)) and incorporating in it any infornation as to subsisting encumbrances or interests ............................................ 26.00 And, in addition, for supplying each additional
document forming part of the Register ...................... 3.80 43. For supplying infornation 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 my searching or investigation—a reasonable fee determinded by the Registrar-General.
44. For production of documents at Office of State
Revenue ..................................................................... 16.00 45.
On subpoena served on the Registrar-General to produce documents in the Registrar-General's custody ...................................................................... 50.00
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.
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46. For supplying computer listing of plans registered on or after 23 January 1961:
(a)
in specified Local Government areas, for each such area ........................................................... 77.00
(b) in specified parishes, for up to 30 parishes 148.00
And, in addition, for each additional garish after the
first 30 parishes .......................................................... 3.0047. For supplying computer listing of plans regstered 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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