Real Property Amendment (Fees) Regulation 2007 (NSW)

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2007 No 297

New South Wales

Real Property Amendment (Fees)

Regulation 2007

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 KELLY, M.L.C.,

Minister for Lands

Explanatory note

under the Real Property Act 1900.
The Regulation also changes the basis on which a fee is charged for lodgment of a primary
application to bring land under the Act pursuant to section 14 of the Act, with the proposed
fee incorporating all time spent on examination of the application (rather than just the first 3
hours, with an additional fee chargeable for any excess time spent on examination, as is
currently the case).

The object of this Regulation is to increase certain fees payable to the Registrar-General regulation-making power) and, in particular, section 144 (1) (a).

Published in Gazette No 83 of 29 June 2007, page 4102

Page 1

2007 No 297

Clause 1

Real Property Amendment (Fees) Regulation 2007

Real Property Amendment (Fees) Regulation 2007

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees) Regulation
2007.

2 Commencement
This Regulation commences on 1 July 2007.

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

2007 No 297

Real Property Amendment (Fees) Regulation 2007

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clauses 4 (2), 11 (4), 12 (c) and 13 (1))

$

Copies

1 On lodgment of an application for a certified copy of 90.00
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 12.50
Department of Lands
(b) by electronic means to any agent licensed by 6.20
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

person attending an office of the Department of is warranted by the
Lands work 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

imposed on the Registrar-General by the Act is warranted by the cost
incurred in publishing
the advertisement

2007 No 297

Real Property Amendment (Fees) Regulation 2007

Schedule 1

Amendment

$

Production of documents

5 For each Crown grant, certificate of title or other 38.00

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 1200.00
under the Act pursuant to section 14 of the Act
7 On lodgment of a resumption application to bring 200.00
land under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a 50.00
quarter-hour in excess of the first hour occupied in
examining the application
8 On lodgment of an application under section 45D of 90.00
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 50.00
quarter-hour occupied in examining the application
9 On lodgment of an application, request or dealing for 90.00
which no fee is otherwise provided
10 On lodgment of an application (other than an 90.00
application to dispose of Crown land arising from
the closing of a public road under the Roads Act
1993), request or dealing that will result in more than
one recording on a folio of the Register, for each
additional recording
11 On lodgment of an application to dispose of Crown 90.00
land arising from the closing of a public road under
the Roads Act 1993, regardless of how many
recordings will ensue
12 On lodgment of an application or request for 90.00
amendment of a folio of the Register, Crown grant or
certificate of title

2007 No 297

Real Property Amendment (Fees) Regulation 2007

Amendment

Schedule 1

$

13 On lodgment of an application to record in the 90.00
Register an appurtenant easement created by a deed
In addition, for each quarter-hour or part of a 50.00
quarter-hour occupied in processing the application
14 On lodgment of an application under section 81A of 90.00
the 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 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

15 On lodgment of an application under section 49 of the 90.00

Act for the cancellation of an easement that has been abandoned or extinguished
In addition, for each quarter-hour or part of a 50.00
quarter-hour occupied in examining the application
16 On lodgment of an application for the determination 90.00
under Part 14A of the Act of the position of the
common boundary of adjoining lands
17 On lodgment of a building management statement 300.00
(within the meaning of the Conveyancing Act 1919)
18 For every plan, sketch or diagram accompanying an 90.00
application, request or dealing
19 For the creation of a certificate of title on any 90.00
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 90.00
21 On withdrawal or partial withdrawal of a caveat 90.00
pursuant to section 74M (1) of the Act

2007 No 297

Real Property Amendment (Fees) Regulation 2007

Schedule 1

Amendment

$

22 On lodgment of a request for withdrawal or partial 90.00
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)
23 On lodgment of a request for the Registrar-General to 90.00
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 90.00
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 90.00
caveator or of the address for service of a notice on a
caveator
Authentication of forms

26 For examination and authentication of any dealing, 90.00

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 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 50.00
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, 55.00
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 55.00
quarter-hour occupied in the search after the
first quarter-hour

2007 No 297

Real Property Amendment (Fees) Regulation 2007

Amendment

Schedule 1

$

In addition, for inclusion in the initial search 12.50
of any additional document forming part of
the Register (per document)

(b) for providing a copy of a document in the 23.50
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 12.50
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 requesting party) as is warranted by the cost
schedule of fees is not appropriate
incurred in carrying out
the search

Certificates of title

30 On lodgment of an application for a new certificate of 180.00
title under section 111 of the Act
Miscellaneous

31 On depositing an instrument declaratory of trusts or 90.00
other instrument not specified
32 On lodgment of an application for a statement of 90.00
reasons under section 121 of the Act
33 For recording of any memorial or notification not 90.00
otherwise provided for
34 On lodgment of a request for delivery of a document 23.50

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)

2007 No 297	Real Property Amendment (Fees) Regulation 2007
Schedule 1	Amendment

$

35 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 50.00
quarter-hour occupied in preparing the certificate of
ownership after the first quarter-hour
In addition, for supplying each additional document 12.50
forming part of the Register

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

dealing or plan is entitled to registration, or in is 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 21.50
Revenue

38 In addition, for any dealing, application, request or 90.00 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

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Real Property Amendment (Fees) Regulation 2007 (NSW)

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1	On lodgment of an application for a certified copy of	90.00
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	12.50
Department of Lands
(b)	by electronic means to any agent licensed by	6.20
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
person attending an office of the Department of	is warranted by the
Lands	work involved in preparing the copy

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
imposed on the Registrar-General by the Act	is warranted by the cost incurred in publishing the advertisement

5	For each Crown grant, certificate of title or other	38.00
document produced for the purpose of any application, request, dealing or plan to be subsequently lodged

6	On lodgment of a primary application to bring land	1200.00
under the Act pursuant to section 14 of the Act
7	On lodgment of a resumption application to bring	200.00
land under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a	50.00
quarter-hour in excess of the first hour occupied in examining the application
8	On lodgment of an application under section 45D of	90.00
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	50.00
quarter-hour occupied in examining the application
9	On lodgment of an application, request or dealing for	90.00
which no fee is otherwise provided
10	On lodgment of an application (other than an	90.00
application to dispose of Crown land arising from the closing of a public road under the Roads Act 1993), request or dealing that will result in more than one recording on a folio of the Register, for each additional recording
11	On lodgment of an application to dispose of Crown	90.00
land arising from the closing of a public road under the Roads Act 1993, regardless of how many recordings will ensue
12	On lodgment of an application or request for	90.00
amendment of a folio of the Register, Crown grant or certificate of title

13	On lodgment of an application to record in the	90.00
Register an appurtenant easement created by a deed
In addition, for each quarter-hour or part of a	50.00
quarter-hour occupied in processing the application
14	On lodgment of an application under section 81A of	90.00
the 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 giving	Such reasonable fee
notice under section 81D of the Act by way of	(determined by the

15	On lodgment of an application under section 49 of the	90.00
Act for the cancellation of an easement that has been abandoned or extinguished
In addition, for each quarter-hour or part of a	50.00
quarter-hour occupied in examining the application
16	On lodgment of an application for the determination	90.00
under Part 14A of the Act of the position of the common boundary of adjoining lands
17	On lodgment of a building management statement	300.00
(within the meaning of the Conveyancing Act 1919)
18	For every plan, sketch or diagram accompanying an	90.00
application, request or dealing
19	For the creation of a certificate of title on any	90.00
application, request or dealing (other than pursuant to section 111 of the Act), for each certificate, an additional

20	On lodgment or recording of a caveat	90.00
21	On withdrawal or partial withdrawal of a caveat	90.00
pursuant to section 74M (1) of the Act

22	On lodgment of a request for withdrawal or partial	90.00
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)
23	On lodgment of a request for the Registrar-General to	90.00
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	90.00
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	90.00
caveator or of the address for service of a notice on a caveator

26	For examination and authentication of any dealing,	90.00
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

27	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	50.00
quarter-hour occupied in the search after the first hour

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	12.50
of any additional document forming part of the Register (per document)

(b)	for providing a copy of a document in the	23.50
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	12.50
document required

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 requesting party) as is warranted by the cost
schedule of fees is not appropriate
incurred in carrying out the search

30	On lodgment of an application for a new certificate of	180.00
title under section 111 of the Act

31	On depositing an instrument declaratory of trusts or	90.00
other instrument not specified
32	On lodgment of an application for a statement of	90.00
reasons under section 121 of the Act
33	For recording of any memorial or notification not	90.00
otherwise provided for
34	On lodgment of a request for delivery of a document	23.50
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	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	50.00
quarter-hour occupied in preparing the certificate of ownership after the first quarter-hour
In addition, for supplying each additional document	12.50
forming part of the Register
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
dealing or plan is entitled to registration, or in	is 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	21.50
Revenue
38	In addition, for any dealing, application, request or	90.00 for each group of

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