Real Property Amendment (Fees) Regulation 2002 (NSW)
2002 No 842
New South Wales
Real Property Amendment (Fees)
Regulation 2002
under the
Real Property Act 1900
His Excellency the Lieutenant-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 (the Act), and | |||||||
| (b) | to introduce new fees: | |||||||
| ||||||||
| (c) | to remove certain additional fees: | |||||||
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| Published in Gazette No 220 of 15 November 2002, page 9635 | Page 1 | |||||||
| 2002 No 842 | ||||||||
| 2002 No 842 | ||||||||
| Real Property Amendment (Fees) Regulation 2002 Explanatory note | ||||||||
| (d) | to remove obsolete fees, being fees for final searches of a computer folio. |
These fee increases take account of the annual increase in the Consumer Price Index.
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).
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2002 No 842
| Real Property Amendment (Fees) Regulation 2002 | Clause 1 |
Real Property Amendment (Fees) Regulation 2002
under the
Real Property Act 1900
1 Name of Regulation
This Regulation is the Real Property Amendment (Fees)
Regulation 2002.
2 Commencement
This Regulation commences on 1 December 2002.
3 Amendment of Real Property Regulation 1998
The Real Property Regulation 1998 is amended as set out in
Schedule 1.
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2002 No 842
Real Property Amendment (Fees) Regulation 2002
| Schedule 1 | Amendment |
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 62.00 2 For supplying a copy of a document or part of a
document available from the Document Copy
Service 4.00
Advertisements
3 On advertisement, pursuant to section 12 (1) (h1) Such fee as the of the Act, of the intended exercise or performance Registrar-General of any power, authority, duty or function conferred determines having or imposed on the Registrar-General by the Act regard to the cost of
the advertisementProduction 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 124.00
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2002 No 842
Real Property Amendment (Fees) Regulation 2002
| Amendment | Schedule 1 |
$
6 On lodgment of an application under section 45D of the Act by a person in possession of land to be recorded as proprietor of an estate or interest in that
land 62.00 In addition, for each hour or part of an hour
occupied in examining the application 103.00 7 On lodgment of an application, request or dealing
for which no fee is otherwise provided 62.00 8 On lodgment of an application or request for
amendment of a folio of the Register, Crown grant
or certificate of title 62.00 9
On lodgment of an application under section 81A of the Act for the extinguishment of a restrictive covenant 62.00 In addition:
(a) for each hour or part of an hour occupied in
examining the application 103.00
(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 notice
10
On lodgment of an application under section 49 of the Act for the cancellation of an easement that has been abandoned
62.00
In addition, for each hour or part of an hour occupied in examining the application 103.00 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
62.00
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2002 No 842
Real Property Amendment (Fees) Regulation 2002
| Schedule 1 | Amendment |
$
12 On lodgment of a building management statement
(within the meaning of the Conveyancing
Act 1919) 62.00 13 For every plan, sketch or diagram accompanying a
dealing, application, request or instrument 62.00
Caveats
14 On lodgment or recording of a caveat 62.00 15 On withdrawal or partial withdrawal of a caveat pursuant to section 74M (1) of the Act 62.00 16
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) 62.00 17 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 62.00 18
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
62.00
19
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
62.00
Authentication of forms
20 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
62.00
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2002 No 842
Real Property Amendment (Fees) Regulation 2002
| Amendment | Schedule 1 |
$
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)
62.00
In addition, for each half-hour or part of a half-
hour occupied in the search after the first hour 31.00
Computer folios
22 On the lodgment of a requisition for a computer
folio certificate 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:
(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 34.10 In addition, for each half-hour or part of a half-hour occupied in the search after the first half-hour
34.10
In addition, for inclusion in the initial search of any additional document forming part of the Register (per document)
4.00
(b) 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
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2002 No 842
Real Property Amendment (Fees) Regulation 2002
| Schedule 1 | Amendment |
$
(c) for a historical search of a folio of the Register, including a copy of the search and
the transmission fee 22.00 (d) 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
Searches generally
24 In the case of a requisition for an official search of Such reasonable fee a manual folio, a computer folio certificate or a (determined by the search of a historical record that, in the opinion of Registrar-General in the Registrar-General, is a search for which the negotiation with the above schedule of fees is not appropriate
requesting party) as 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 62.00
Miscellaneous
26 On depositing an instrument declaratory of trusts
or other instrument not specified 62.00 27 On lodgment of an application for a statement of
reasons under section 121 of the Act 62.00 28 On lodgment of a request for the issue of a
summons under section 12 of the Act 62.00 29 On lodgment of a request for the issue of a notice
under section 136 of the Act 62.00
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2002 No 842
Real Property Amendment (Fees) Regulation 2002
| Schedule 1 | Amendment |
$
30 For recording of any memorial or notification not
otherwise provided for 62.00 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) or
Environmental Planning and Assessment Act
1979—section 151 (2)) and incorporating in it any
information as to subsisting encumbrances or
interests 31.00 In addition, for supplying each additional
document forming part of the Register 4.00 33
For supplying information in response to a written Such reasonable fee inquiry as to the manner in which a proposed (determined by the dealing or plan should be drawn, or as to whether a Registrar-General) as proposed dealing or plan is entitled to registration, is warranted by the or in response to a written inquiry that necessitates cost incurred in any searching or investigation supplying the
information, searching
or investigating34 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 62.00 for each group caveat that refers to more than 20 folios of the of 20 folio references Register or part of that number
BY AUTHORITY
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