Real Property Amendment (Fees) Regulation 2005 (NSW)

2005 No 242

New South Wales

Real Property Amendment (Fees)

Regulation 2005

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). All but one of the fee increases are in line with movements in the Consumer Price Index.
This Regulation also:

(a)

applies a different fee for an application to bring land under the Act:

(i)	pursuant to section 14 of the Act, and
(ii)	pursuant to section 31A of the Act (resumption or acquisition of land by government authorities), and

(b)

applies a different fee in relation to certificates of title:

(i)	for the creation of new certificates of title on any request or application (other than an application under section 111 of the Act), and
(ii)	for lodging an application for a new certificate of title under section 111 of the Act, where certificates of title have been mislaid, destroyed or stolen, and

(c)

introduces fees for the following items:

(i)	lodging an application to record in the Register an appurtenant easement created by a deed and processing the application,
(ii)	registered mail postage where an application, request or dealing includes a direction for the documents to be delivered to a street address following registration,

Published in Gazette No 73 of 17 June 2005, page 2421

Page 1

2005 No 242

2005 No 242

Real Property Amendment (Fees) Regulation 2005
Explanatory note

(iii)      providing a copy of a document in the custody of the Registrar-General if no initial search is required, including a copy of the document and the transmission fee, and

(d)

removes the following fees:

(i)	for the lodgment of a requisition for a computer folio certificate or the search of a historical record in the custody of the Registrar-General,
(ii)	for a historical search of a folio of the Register, including a copy of the search and transmission fee,
(iii)	for providing copies of an instrument or a plan only, including a copy of the document and the transmission fee,
(iv)	for the lodgment of a request for the issue of a summons,
(v)	for the lodgment of a request for the issue of a notice.

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).

2005 No 242

Real Property Amendment (Fees) Regulation 2005 Clause 1

Real Property Amendment (Fees) Regulation 2005

under the

Real Property Act 1900

1      Name of Regulation

This Regulation is the Real Property Amendment (Fees) Regulation
2005.

2      Commencement

This Regulation commences on 1 July 2005.

3 Amendment of Real Property Regulation 2003

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

2005 No 242

Real Property Amendment (Fees) Regulation 2005

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	77.25
of a 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	10.30
Department of Lands
(b)	by electronic means to any agent licensed by	4.65
the 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
3	On lodgment of an application for a copy of a	Such reasonable fee
document in the custody of the Registrar-General,	(determined by the
other than a certified copy or a copy available to any	Registrar-General) as is
person attending an office of the Department of	warranted by the work
Lands	involved in preparing the copy

Advertisements

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

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Real Property Amendment (Fees) Regulation 2005

Amendment Schedule 1

$

Production of documents

5	For each Crown grant, certificate of title or other	36.00
document produced for the purpose of any application, request, dealing or plan to be subsequently lodged

Applications, requests and dealings

6	On lodgment of a primary application to bring land	618.00
under the Act pursuant to section 14 of the Act
In addition, for each quarter-hour or part of a	51.50
quarter-hour in excess of the first three hours occupied in examining the application
7	On lodgment of a resumption application to bring	206.00
land under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a	51.50
quarter-hour in excess of the first hour occupied in examining the application
8	On lodgment of an application under section 45D of	77.25
the 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	51.50
quarter-hour occupied in examining the application
9	On lodgment of an application, request or dealing for	77.25
which no fee is otherwise provided
10	On lodgment of an application or request for	77.25
amendment of a folio of the Register, Crown grant or certificate of title
11	On lodgment of an application to record in the	77.25
Register an appurtenant easement created by a deed
In addition, for each quarter-hour or part of a	51.50
quarter-hour occupied in processing the application
12	On lodgment of an application under section 81A of	77.25
the Act for the extinguishment of a restrictive covenant
In addition:
(a)	for each quarter-hour or part of a quarter-hour	51.50
occupied in examining the application

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Real Property Amendment (Fees) Regulation 2005

Schedule 1 Amendment

$

(b)	for the Registrar-General’s costs of giving	Such reasonable fee
notice under section 81D of the Act by way of	(determined by the
registered post	Registrar-General) as is warranted by the cost incurred in posting the notice
13	On lodgment of an application under section 49 of the	77.25
Act for the cancellation of an easement that has been abandoned or extinguished
In addition, for each quarter-hour or part of a	51.50
quarter-hour occupied in examining the application
14	On lodgment of an application for the determination	77.25
under Part 14A of the Act of the position of the common boundary of adjoining lands
15	On lodgment of a building management statement	154.50
(within the meaning of the Conveyancing Act 1919)
16	For every plan, sketch or diagram accompanying an	77.25
application, request or dealing
17	On lodgment of an application, request or dealing	77.25
that will result in more than one recording on a folio of the Register, for each additional recording
18	For an application, request or dealing that includes a	5.00
direction for documents to be delivered to a street address following registration, for postage by registered mail, an additional
19	For the creation of a certificate of title on any	77.25
application, request or dealing (other than pursuant to section 111 of the Act), for each certificate, an additional

Caveats

20	On lodgment or recording of a caveat	77.25
21	On withdrawal or partial withdrawal of a caveat	77.25
pursuant to section 74M (1) of the Act
22	On lodgment of a request for withdrawal or partial	77.25
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)

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23	On lodgment of a request for the Registrar-General to	77.25
direct the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act
24	On lodgment of an application for preparation of a	77.25
notice for service on a caveator pursuant to section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act
25	On lodgment of a notice of a change of name of a	77.25
caveator or of the address for service of a notice on a caveator

Authentication of forms

26	For examination and authentication of any dealing,	77.25
application, request or caveat that is required by any departures from the approved form and which is not a form licensed by the Registrar-General, an additional

Official searches

27	On requisition for an official search of a folio of the	206.00
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	51.50
quarter-hour occupied in the search after the first hour

Public searches

28       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, 56.65

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

In addition, for each quarter-hour or part of a	56.65
quarter-hour occupied in the search after the first quarter-hour
In addition, for inclusion in the initial search	10.30
of any additional document forming part of the Register (per document)

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Schedule 1 Amendment

$

(b)	for providing a copy of a document in the	22.65
custody of the Registrar-General if no initial search is required, including a copy of the document and the transmission fee
In addition, for inclusion of each additional	10.30
document required

Searches generally

29	In the case of a requisition for an official search of a	Such reasonable fee
manual folio, a computer folio certificate or a search	(determined by the
of a historical record that, in the opinion of the	Registrar-General in
Registrar-General, is a search for which the above	negotiation with the
schedule of fees is not appropriate	requesting party) as is warranted by the cost incurred in carrying out
the search

Certificates of title

30	On lodgment of an application for a new certificate of	154.50
title under section 111 of the Act

Miscellaneous

31	On depositing an instrument declaratory of trusts or	77.25
other instrument not specified
32	On lodgment of an application for a statement of	77.25
reasons under section 121 of the Act
33	For recording of any memorial or notification not	77.25
otherwise provided for
34	On lodgment of a request for delivery of a document	22.65
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)
35	For furnishing a certificate of ownership (Local	51.50
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	51.50
quarter-hour occupied in preparing the certificate of ownership after the first quarter-hour
In addition, for supplying each additional document	10.30
forming part of the Register

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Real Property Amendment (Fees) Regulation 2005

Amendment Schedule 1

$

36	For supplying information in response to a written	Such reasonable fee
inquiry as to the manner in which a proposed dealing	(determined by the
or plan should be drawn, or as to whether a proposed	Registrar-General) as is
dealing or plan is entitled to registration, or in	warranted by the cost
response to a written inquiry that necessitates any	incurred in supplying
searching or investigation	the information, searching or investigating
37	For production of documents at the Office of State	20.60
Revenue
38	In addition, for any dealing, application, request or	77.25 for each group of
caveat that refers to more than 20 folios of the	20 folio references or
Register	part of that number

BY AUTHORITY