Real Property Amendment (Fees) Regulation 2003 (NSW)

No judgment structure available for this case.

2003 No 412

New South Wales

Real Property Amendment (Fees)

Regulation 2003

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.

ANTHONY BERNARD KELLY, M.L.C.,

Minister Assisting the Minister for Natural Resources (Lands)

Explanatory note
The object of this Regulation is to increase certain fees payable to the Registrar-General under the Real Property Act 1900. The fee increases are in line with movements 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).

Published in Gazette No 104 of 27 June 2003, page 6184	Page 1
2003 No 412
Clause 1	Real Property Amendment (Fees) Regulation 2003

Real Property Amendment (Fees) Regulation 2003

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees)
Regulation 2003.

2 Commencement

This Regulation commences on 1 July 2003.

3 Amendment of Real Property Regulation 1998
The Real Property Regulation 1998 is amended as set out in
Schedule 1.

Page 2

2003 No 412

Real Property Amendment (Fees) Regulation 2003

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 64.00
registered instrument or part of it affecting land under the
provisions of the Act—for each copy
2 For supplying a copy of a document or part of a document 4.00
available from the Document Copy Service
Advertisements

3 On advertisement, pursuant to section 12 (1) (h1) of the Such fee as the

Act, of the intended exercise or performance of any Registrar-

power, authority, duty or function conferred or imposed on General

the Registrar-General by the Act determines
having regard to
the cost of the
advertisement

Production of documents

4 For each Crown grant, certificate of title or other 16.50
document produced for the purpose of any application,
request, dealing or plan to be subsequently lodged
Applications, requests and dealings

5 On lodgment of an application to bring land under the Act 128.00
Page 3

2003 No 412

Real Property Amendment (Fees) Regulation 2003

Schedule 1

Amendment

$

6 On lodgment of an application under section 45D of the 64.00

Act by a person in possession of land to be recorded as proprietor of an estate or interest in that land
In addition, for each hour or part of an hour occupied in 106.00
examining the application
7 On lodgment of an application, request or dealing for 64.00
which no fee is otherwise provided
8 On lodgment of an application or request for amendment 64.00
of a folio of the Register, Crown grant or certificate of title
9 On lodgment of an application under section 81A of the 64.00
Act for the extinguishment of a restrictive covenant
In addition:

(a) for each hour or part of an hour occupied in 106.00
examining the application

(b) for the Registrar-General’s costs of serving notice Such fee as the

under section 81D of the Act by way of registered Registrar-

post General
determines
having regard to
the cost of
posting the
notice

10 On lodgment of an application under section 49 of the Act 64.00
for the cancellation of an easement that has been
abandoned
In addition, for each hour or part of an hour occupied in 106.00
examining the application
11 On lodgment of an application for the determination under 64.00

Part 14A of the Act of the position of the common boundary of adjoining lands

Page 4

2003 No 412

Real Property Amendment (Fees) Regulation 2003

Amendment

Schedule 1

$

12 On lodgment of a building management statement (within 64.00
the meaning of the Conveyancing Act 1919)
13 For every plan, sketch or diagram accompanying a 64.00
dealing, application, request or instrument
Caveats

14 On lodgment or recording of a caveat 64.00
15 On withdrawal or partial withdrawal of a caveat pursuant 64.00
to section 74M (1) of the Act
16 On lodgment of a request for withdrawal or partial 64.00
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)
17 On lodgment of a request for the Registrar-General to 64.00
direct the manner of service of a notice on a caveator
pursuant to section 74N (1) (e) of the Act
18 On lodgment of an application for preparation of a notice 64.00
for service on a caveator pursuant to section 74C (3),
74I (1) or (2) or 74J (1) of the Act
19 On lodgment of a notice of a change of name of a caveator 64.00
or of the address for service of a notice on a caveator
Authentication of forms

20 For examination and authentication of any dealing, 64.00

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

Page 5

2003 No 412

Real Property Amendment (Fees) Regulation 2003

Schedule 1

Amendment

$

Official searches

21 On requisition for an official search of a manual folio of 64.00

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)
In addition, for each half-hour or part of a half-hour 32.00
occupied in the search after the first hour
Computer folios

22 On the lodgment of a requisition for a computer folio 4.00
certificate or search of a historical record
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, 35.20
including investigation as to title reference, a copy
of the relevant folio and the transmission fee

In addition, for each half-hour or part of a half-hour 35.20
occupied in the search after the first half-hour
In addition, for inclusion in the initial search of any 4.00
additional document forming part of the Register
(per document)

(b) for providing copies of a folio or dealing if no 22.00
investigation as to title reference is required,
including a copy of the folio or dealing and the
transmission fee
In addition, for inclusion of each additional 4.00
document required
(c) for a historical search of a folio of the Register, 22.00
including a copy of the search and the transmission
fee

Page 6

2003 No 412

Real Property Amendment (Fees) Regulation 2003

Amendment

Schedule 1

$

(d) for providing copies of an instrument or a plan 22.00
only, including a copy of the document and the
transmission fee
In addition, for inclusion of each additional 4.00
document required

Searches generally

24 In the case of a requisition for an official search of a Such reasonable
manual folio, a computer folio certificate or a search of a fee (determined
historical record that, in the opinion of the Registrar- by the Registrar-

General, is a search for which the above schedule of fees General in

is not appropriate negotiation with
the 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 64.00
application
Miscellaneous

26 On depositing an instrument declaratory of trusts or other 64.00
instrument not specified
27 On lodgment of an application for a statement of reasons 64.00
under section 121 of the Act
28 On lodgment of a request for the issue of a summons 64.00
under section 12 of the Act
29 On lodgment of a request for the issue of a notice under 64.00
section 136 of the Act

Page 7

2003 No 412

Real Property Amendment (Fees) Regulation 2003

Schedule 1

Amendment

$

30 For recording of any memorial or notification not 64.00
otherwise provided for
31 On lodgment of a request for delivery of a document or 15.00

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)
32 For furnishing a certificate of ownership (Local 32.00

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
In addition, for supplying each additional document 4.00
forming part of the Register

33 For supplying information in response to a written inquiry Such reasonable
as to the manner in which a proposed dealing or plan fee (determined
should be drawn, or as to whether a proposed dealing or by the Registrar-

plan is entitled to registration, or in response to a written General) as is

inquiry that necessitates any searching or investigation warranted by the
cost incurred in
supplying the
information,
searching or
investigating

34 For production of documents at the Office of State 20.00
Revenue
35 For supplying details of lots created on the registration of 2.00
a deposited plan or strata plan (within the meaning of the
Conveyancing (General) Regulation 1998)

36 In addition, for any dealing, application, request or caveat 64.00 for each

that refers to more than 20 folios of the Register group of 20 folio
references or
part of that
number

BY AUTHORITY

Page 8

Actions

Download as PDF Download as Word Document

Citations

Real Property Amendment (Fees) Regulation 2003 (NSW)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

1	On lodgment of an application for a certified copy of a	64.00
registered instrument or part of it affecting land under the provisions of the Act—for each copy
2	For supplying a copy of a document or part of a document	4.00
available from the Document Copy Service

Act, of the intended exercise or performance of any	Registrar-
power, authority, duty or function conferred or imposed on	General
the Registrar-General by the Act	determines having regard to the cost of the advertisement

4	For each Crown grant, certificate of title or other	16.50
document produced for the purpose of any application, request, dealing or plan to be subsequently lodged

5	On lodgment of an application to bring land under the Act	128.00
Page 3

6	On lodgment of an application under section 45D of the	64.00
Act by a person in possession of land to be recorded as proprietor of an estate or interest in that land
In addition, for each hour or part of an hour occupied in	106.00
examining the application
7	On lodgment of an application, request or dealing for	64.00
which no fee is otherwise provided
8	On lodgment of an application or request for amendment	64.00
of a folio of the Register, Crown grant or certificate of title
9	On lodgment of an application under section 81A of the	64.00
Act for the extinguishment of a restrictive covenant
In addition:

(a)	for each hour or part of an hour occupied in	106.00
examining the application
(b)	for the Registrar-General’s costs of serving notice	Such fee as the

under section 81D of the Act by way of registered	Registrar-
post	General determines having regard to the cost of posting the notice

10	On lodgment of an application under section 49 of the Act	64.00
for the cancellation of an easement that has been abandoned
In addition, for each hour or part of an hour occupied in	106.00
examining the application
11	On lodgment of an application for the determination under	64.00
Part 14A of the Act of the position of the common boundary of adjoining lands

12	On lodgment of a building management statement (within	64.00
the meaning of the Conveyancing Act 1919)
13	For every plan, sketch or diagram accompanying a	64.00
dealing, application, request or instrument

14	On lodgment or recording of a caveat	64.00
15	On withdrawal or partial withdrawal of a caveat pursuant	64.00
to section 74M (1) of the Act
16	On lodgment of a request for withdrawal or partial	64.00
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)
17	On lodgment of a request for the Registrar-General to	64.00
direct the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act
18	On lodgment of an application for preparation of a notice	64.00
for service on a caveator pursuant to section 74C (3), 74I (1) or (2) or 74J (1) of the Act
19	On lodgment of a notice of a change of name of a caveator	64.00
or of the address for service of a notice on a caveator

20	For examination and authentication of any dealing,	64.00
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

21	On requisition for an official search of a manual folio of	64.00
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)
In addition, for each half-hour or part of a half-hour	32.00
occupied in the search after the first hour

22	On the lodgment of a requisition for a computer folio	4.00
certificate or search of a historical record

In addition, for each half-hour or part of a half-hour	35.20
occupied in the search after the first half-hour
In addition, for inclusion in the initial search of any	4.00
additional document forming part of the Register (per document)

(b)	for providing copies of a folio or dealing if no	22.00
investigation as to title reference is required, including a copy of the folio or dealing and the transmission fee
In addition, for inclusion of each additional	4.00
document required
(c)	for a historical search of a folio of the Register,	22.00
including a copy of the search and the transmission fee

(d)	for providing copies of an instrument or a plan	22.00
only, including a copy of the document and the transmission fee
In addition, for inclusion of each additional	4.00
document required

24	In the case of a requisition for an official search of a	Such reasonable
manual folio, a computer folio certificate or a search of a	fee (determined
historical record that, in the opinion of the Registrar-	by the Registrar-

General, is a search for which the above schedule of fees	General in
is not appropriate	negotiation with the requesting party) as is warranted by the cost incurred in carrying out the search

25	For the issue of a certificate of title on any request or	64.00
application

26	On depositing an instrument declaratory of trusts or other	64.00
instrument not specified
27	On lodgment of an application for a statement of reasons	64.00
under section 121 of the Act
28	On lodgment of a request for the issue of a summons	64.00
under section 12 of the Act
29	On lodgment of a request for the issue of a notice under	64.00
section 136 of the Act

30	For recording of any memorial or notification not	64.00
otherwise provided for
31	On lodgment of a request for delivery of a document or	15.00
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)
32	For furnishing a certificate of ownership (Local	32.00
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
In addition, for supplying each additional document	4.00
forming part of the Register
33	For supplying information in response to a written inquiry	Such reasonable
as to the manner in which a proposed dealing or plan	fee (determined
should be drawn, or as to whether a proposed dealing or	by the Registrar-

plan is entitled to registration, or in response to a written	General) as is
inquiry that necessitates any searching or investigation	warranted by the cost incurred in supplying the information, searching or investigating

34	For production of documents at the Office of State	20.00
Revenue
35	For supplying details of lots created on the registration of	2.00
a deposited plan or strata plan (within the meaning of the Conveyancing (General) Regulation 1998)
36	In addition, for any dealing, application, request or caveat	64.00 for each