Real Property Amendment (Fees) Regulation 2004 (NSW)

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2004 No 373

New South Wales

Real Property Amendment (Fees)

Regulation 2004

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 for 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 Act). The increases include charging a fee:

(a)	for examining an application by a person in possession of land to be recorded as proprietor of an estate or interest in that land based on a quarter-hour or part of a quarter-hour occupied in the examination of the application instead of on an hour or part of an hour, and
(b)	for examining an application for the extinguishment of a restrictive covenant or an application for the cancellation of an easement that has been abandoned based on a quarter-hour or part of a quarter-hour occupied in the examination of the application instead of on an hour or part of an hour, and
(c)	for searching or continuing an official search of the Register based on a quarter- hour or part of a quarter-hour occupied in the search after the first hour instead of on a half-hour or part of a half-hour after that first-hour period, and
(d)	for an initial search of the Register based on a quarter-hour or part of a quarter- hour occupied in the search after the first quarter-hour instead of on a half-hour or part of a half-hour after that first half-hour period.

This Regulation also:

(a)

introduces the following new fees:

(i)	for each quarter-hour or part of a quarter-hour after the first 3 hours occupied in examining an application to bring land under the Act,

Published in Gazette No 104 of 25 June 2004, page 4604

Page 1

2004 No 373

Real Property Amendment (Fees) Regulation 2004
Explanatory note

(ii) for each quarter-hour or part of a quarter-hour after the first quarter-hour occupied in the preparation of a certificate of ownership under section 700 (2) of the Local Government Act 1993 or section 151 (2) of the Environmental Planning and Assessment Act 1979,
(iii) for the lodgment of an application, request or dealing that results in more than one recording on a folio of the Register kept under the Act, and

(b)	itemises fees for the supply of copies of documents in the custody of the Registrar-General (other than certified copies) according to the means of delivery of the copies, and
(c)	removes the fee for supplying details of lots on registration of a deposited plan or strata plan (these details will be supplied at no charge)

This Regulation is made under the Real Property Act 1900, including section144 (the general regulation-making power) and, in particular, section 144 (1) (a).

2004 No 373

Real Property Amendment (Fees) Regulation 2004

Clause 1

Real Property Amendment (Fees) Regulation 2004

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees)
Regulation 2004.

2 Commencement

This Regulation commences on 1 July 2004.

3 Amendment of Real Property Regulation 2003
The Real Property Regulation 2003 is amended as set out in
Schedule 1.

2004 No 373

Real Property Amendment (Fees) Regulation 2004

Schedule 1

Amendment

Schedule 1 Amendment

(Clause 3)

Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Fees

(Clauses 4 (2), 11 (4), 12 (c) and 13)

$

Copies

1 On lodgment of an application for a certified copy of a 75.00
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 in the custody of the Registrar-General:

(a) to any person attending an office of the 10.00
Department of Lands
(b) by electronic means to any agent licensed by the 4.50
Department of Lands

(c)

to any person by some other means

Such reasonable fee (determined by the Registrar-
General) as is
warranted by the
work involved in
providing the
service
2004 No 373

Real Property Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$

3 On lodgment of an application for a copy of a document Such reasonable
in the custody of the Registrar-General, other than a fee (determined
certified copy or a copy available to any person attending by the Registrar-
an office of the Department of Lands General) as is
warranted by the
work involved in
preparing the
copy
Advertisements

4 On advertisement, pursuant to section 12 (1) (h1) of the Such reasonable
Act, of the intended exercise or performance of any fee (determined
power, authority, duty or function conferred or imposed by the Registrar-
on the Registrar-General by the Act General) as is
warranted by the
cost incurred in
publishing the
advertisement
Production of documents

5 For each Crown grant, certificate of title or other 35.00
document produced for the purpose of any application,
request, dealing or plan to be subsequently lodged
Applications, requests and dealings

6 On lodgment of an application to bring land under the 600.00
Act
In addition, for each quarter-hour or part of a quarter- 50.00
hour in excess of the first three hours occupied in
examining the application
7 On lodgment of an application under section 45D of the 75.00

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 quarter-hour or part of a 50.00
quarter-hour occupied in examining the application

2004 No 373

Real Property Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$

8 On lodgment of an application, request or dealing for 75.00
which no fee is otherwise provided
9 On lodgment of an application or request for amendment 75.00
of a folio of the Register, Crown grant or certificate of
title
10 On lodgment of an application under section 81A of the 75.00
Act for the extinguishment of a restrictive covenant
In addition:

(a) for each quarter-hour or part of a quarter-hour 50.00
occupied in examining the application

(b) for the Registrar-General’s costs of serving notice Such reasonable
under section 81D of the Act by way of registered fee (determined

post by the Registrar-
General) as is
warranted by the
cost incurred in
posting the notice

11 On lodgment of an application under section 49 of the 75.00

Act for the cancellation of an easement that has been abandoned
In addition, for each quarter-hour or part of a quarter- 50.00
hour occupied in examining the application
12 On lodgment of an application for the determination 75.00
under Part 14A of the Act of the position of the common
boundary of adjoining lands
13 On lodgment of a building management statement 150.00
(within the meaning of the Conveyancing Act 1919)
14 For every plan, sketch or diagram accompanying a 75.00
dealing, application, request or instrument

2004 No 373

Real Property Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$

15 On lodgment of an application, request or dealing that 75.00
will result in more than one recording on a folio of the
Register, for each additional recording
Caveats

16 On lodgment or recording of a caveat 75.00
17 On withdrawal or partial withdrawal of a caveat pursuant 75.00
to section 74M (1) of the Act
18 On lodgment of a request for withdrawal or partial 75.00

payable for withdrawal or partial withdrawal of a

withdrawal of a Registrar-General’s caveat (no fee is registration of a dealing)
19 On lodgment of a request for the Registrar-General to 75.00
direct the manner of service of a notice on a caveator
pursuant to section 74N (1) (e) of the Act
20 On lodgment of an application for preparation of a notice 75.00
for service on a caveator pursuant to section 74C (3),
74I (1) or (2), 74J (1) or 74JA (2) of the Act
21 On lodgment of a notice of a change of name of a 75.00
caveator or of the address for service of a notice on a
caveator
Authentication of forms

22 For examination and authentication of any dealing, 75.00
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

2004 No 373

Real Property Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$

Official searches

23 On requisition for an official search of a folio of the 200.00

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 quarter-hour or part of a quarter- 50.00
hour occupied in the search after the first hour
Computer folios
24 On the lodgment of a requisition for a computer folio certificate or search of a historical record in the custody of the Registrar-General:

(a) in person at an office of the Department of Lands 10.00
(b) to be delivered electronically to any agent 4.50
licensed by the Department of Lands

(c) to be delivered to any person by some other Such reasonable

means

fee (determined by the Registrar-
General) as is
warranted by the
work involved in
providing the
service

Public searches
25 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, 55.00
including investigation as to title reference, a
copy of the relevant folio and the transmission fee

2004 No 373

Real Property Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$

In addition, for each quarter-hour or part of a 55.00
quarter-hour occupied in the search after the first
quarter-hour
In addition, for inclusion in the initial search of 10.00
any 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 10.00
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 10.00
document required

Searches generally

26 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

2004 No 373

Real Property Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$

Certificates of title

27 For the issue of a certificate of title on any request or 150.00
application
Miscellaneous

28 On depositing an instrument declaratory of trusts or other 75.00
instrument not specified
29 On lodgment of an application for a statement of reasons 75.00
under section 121 of the Act
30 On lodgment of a request for the issue of a summons 75.00
under section 12 of the Act
31 On lodgment of a request for the issue of a notice under 75.00
section 136 of the Act
32 For recording of any memorial or notification not 75.00
otherwise provided for
33 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)
34 For furnishing a certificate of ownership (Local 50.00

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 each quarter-hour or part of a quarter- 50.00
hour occupied in preparing the certificate of ownership
after the first quarter-hour
In addition, for supplying each additional document 10.00
forming part of the Register

2004 No 373

Real Property Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$

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

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

to a written inquiry that necessitates any searching or warranted by the

investigation

cost incurred in supplying the information, searching or investigating

36 For production of documents at the Office of State 20.00
Revenue

37

In addition, for any dealing, application, request or

75.00 for each group of 20 folio references or part
caveat that refers to more than 20 folios of the Register

of that number

BY AUTHORITY

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Citations

Real Property Amendment (Fees) Regulation 2004 (NSW)

Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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1	On lodgment of an application for a certified copy of a	75.00
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 in the custody of the Registrar-General:

(a)	to any person attending an office of the	10.00
Department of Lands
(b)	by electronic means to any agent licensed by the	4.50
Department of Lands
(c)	to any person by some other means	Such reasonable fee (determined by the Registrar-
General) as is warranted by the work involved in providing the service
2004 No 373

3	On lodgment of an application for a copy of a document	Such reasonable
in the custody of the Registrar-General, other than a	fee (determined
certified copy or a copy available to any person attending	by the Registrar-
an office of the Department of Lands	General) as is warranted by the work involved in preparing the copy

4	On advertisement, pursuant to section 12 (1) (h1) of the	Such reasonable
Act, of the intended exercise or performance of any	fee (determined
power, authority, duty or function conferred or imposed	by the Registrar-
on the Registrar-General by the Act	General) as is warranted by the cost incurred in publishing the advertisement

5	For each Crown grant, certificate of title or other	35.00
document produced for the purpose of any application, request, dealing or plan to be subsequently lodged

6	On lodgment of an application to bring land under the	600.00
Act
In addition, for each quarter-hour or part of a quarter-	50.00
hour in excess of the first three hours occupied in examining the application
7	On lodgment of an application under section 45D of the	75.00
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 quarter-hour or part of a	50.00
quarter-hour occupied in examining the application

8	On lodgment of an application, request or dealing for	75.00
which no fee is otherwise provided
9	On lodgment of an application or request for amendment	75.00
of a folio of the Register, Crown grant or certificate of title
10	On lodgment of an application under section 81A of the	75.00
Act for the extinguishment of a restrictive covenant
In addition:

(a)	for each quarter-hour or part of a quarter-hour	50.00
occupied in examining the application
(b)	for the Registrar-General’s costs of serving notice	Such reasonable
under section 81D of the Act by way of registered	fee (determined

11	On lodgment of an application under section 49 of the	75.00
Act for the cancellation of an easement that has been abandoned
In addition, for each quarter-hour or part of a quarter-	50.00
hour occupied in examining the application
12	On lodgment of an application for the determination	75.00
under Part 14A of the Act of the position of the common boundary of adjoining lands
13	On lodgment of a building management statement	150.00
(within the meaning of the Conveyancing Act 1919)
14	For every plan, sketch or diagram accompanying a	75.00
dealing, application, request or instrument

15	On lodgment of an application, request or dealing that	75.00
will result in more than one recording on a folio of the Register, for each additional recording

16	On lodgment or recording of a caveat	75.00
17	On withdrawal or partial withdrawal of a caveat pursuant	75.00
to section 74M (1) of the Act
18	On lodgment of a request for withdrawal or partial	75.00
payable for withdrawal or partial withdrawal of a
withdrawal of a Registrar-General’s caveat (no fee is registration of a dealing)
19	On lodgment of a request for the Registrar-General to	75.00
direct the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act
20	On lodgment of an application for preparation of a notice	75.00
for service on a caveator pursuant to section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act
21	On lodgment of a notice of a change of name of a	75.00
caveator or of the address for service of a notice on a caveator

22	For examination and authentication of any dealing,	75.00
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

23	On requisition for an official search of a folio of the	200.00
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 quarter-hour or part of a quarter-	50.00
hour occupied in the search after the first hour

(c)	to be delivered to any person by some other	Such reasonable
means	fee (determined by the Registrar-
General) as is warranted by the work involved in providing the service

In addition, for each quarter-hour or part of a	55.00
quarter-hour occupied in the search after the first quarter-hour
In addition, for inclusion in the initial search of	10.00
any 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	10.00
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	10.00
document required

26	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

27	For the issue of a certificate of title on any request or	150.00
application

28	On depositing an instrument declaratory of trusts or other	75.00
instrument not specified
29	On lodgment of an application for a statement of reasons	75.00
under section 121 of the Act
30	On lodgment of a request for the issue of a summons	75.00
under section 12 of the Act
31	On lodgment of a request for the issue of a notice under	75.00
section 136 of the Act
32	For recording of any memorial or notification not	75.00
otherwise provided for
33	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)
34	For furnishing a certificate of ownership (Local	50.00
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 each quarter-hour or part of a quarter-	50.00
hour occupied in preparing the certificate of ownership after the first quarter-hour
In addition, for supplying each additional document	10.00
forming part of the Register

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

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

36	For production of documents at the Office of State	20.00
Revenue
37	In addition, for any dealing, application, request or	75.00 for each group of 20 folio references or part
caveat that refers to more than 20 folios of the Register