Real Property Amendment (Fees) Regulation 2008 (NSW)

No judgment structure available for this case.

2008 No 163

New South Wales

Real Property Amendment (Fees)

Regulation 2008

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
The object of this Regulation is to increase certain fees payable to the Registrar-General under the Real Property Act 1900. Most of 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 66 of 6 June 2008, page 4645	Page 1
2008 No 163
Clause 1	Real Property Amendment (Fees) Regulation 2008

Real Property Amendment (Fees) Regulation 2008

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees) Regulation
2008.

2 Commencement
This Regulation commences on 1 July 2008.

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

2008 No 163

Real Property Amendment (Fees) Regulation 2008

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 92.00
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 6.35
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 Lands is warranted by the
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

2008 No 163

Real Property Amendment (Fees) Regulation 2008

Schedule 1

Amendment

$

Production of documents

5 For each Crown grant, certificate of title or other 39.00

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 1,230.00
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 92.00
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 92.00
which no fee is otherwise provided
10 On lodgment of an application (other than an 92.00
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 92.00
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 92.00
amendment of a folio of the Register, Crown grant or
certificate of title
13 On lodgment of an application to record in the 92.00
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

2008 No 163

Real Property Amendment (Fees) Regulation 2008

Amendment

Schedule 1

$

14 On lodgment of an application under section 81A of 92.00
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 92.00

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 92.00
under Part 14A of the Act of the position of the
common boundary of adjoining lands
17 On lodgment of a building management statement 307.50
(within the meaning of the Conveyancing Act 1919)
18 For every plan, sketch or diagram accompanying an 92.00
application, request or dealing
19 For the creation of a certificate of title on any 92.00
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 92.00
21 On withdrawal or partial withdrawal of a caveat 92.00
pursuant to section 74M (1) of the Act
22 On lodgment of a request for withdrawal or partial 92.00
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 92.00
direct the manner of service of a notice on a caveator
pursuant to section 74N (1) (e) of the Act

2008 No 163

Real Property Amendment (Fees) Regulation 2008

Schedule 1

Amendment

$

24 On lodgment of an application for preparation of a 92.00
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 92.00
caveator or of the address for service of a notice on a
caveator
Authentication of forms

26 For examination and authentication of any dealing, 92.00

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

(b) for providing a copy of a document in the 24.00
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

2008 No 163

Real Property Amendment (Fees) Regulation 2008

Amendment

Schedule 1

$

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 184.00
title under section 111 of the Act
Miscellaneous

31 On depositing an instrument declaratory of trusts or 92.00
other instrument not specified
32 On lodgment of an application for a statement of 92.00
reasons under section 121 of the Act
33 For recording of any memorial or notification not 92.00
otherwise provided for
34 On lodgment of a request for delivery of a document 24.00

or documents pursuant to section 23A (3) (c) of 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

2008 No 163

Real Property Amendment (Fees) Regulation 2008

Schedule 1

Amendment

$

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

response to a written inquiry that necessitates any cost incurred in

searching or investigation supplying the
information, searching
or investigating

37 For production of documents at the Office of State 22.00
Revenue

38 In addition, for any dealing, application, request or 92.00 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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Real Property Amendment (Fees) Regulation 2008 (NSW)

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1	On lodgment of an application for a certified copy of	92.00
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	6.35
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 Lands	is warranted by the 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	39.00
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	1,230.00
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	92.00
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	92.00
which no fee is otherwise provided
10	On lodgment of an application (other than an	92.00
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	92.00
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	92.00
amendment of a folio of the Register, Crown grant or certificate of title
13	On lodgment of an application to record in the	92.00
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	92.00
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	92.00
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	92.00
under Part 14A of the Act of the position of the common boundary of adjoining lands
17	On lodgment of a building management statement	307.50
(within the meaning of the Conveyancing Act 1919)
18	For every plan, sketch or diagram accompanying an	92.00
application, request or dealing
19	For the creation of a certificate of title on any	92.00
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	92.00
21	On withdrawal or partial withdrawal of a caveat	92.00
pursuant to section 74M (1) of the Act
22	On lodgment of a request for withdrawal or partial	92.00
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	92.00
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	92.00
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	92.00
caveator or of the address for service of a notice on a caveator

26	For examination and authentication of any dealing,	92.00
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 of	12.50
any additional document forming part of the Register (per document)

(b)	for providing a copy of a document in the	24.00
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

30	On lodgment of an application for a new certificate of	184.00
title under section 111 of the Act

31	On depositing an instrument declaratory of trusts or	92.00
other instrument not specified
32	On lodgment of an application for a statement of	92.00
reasons under section 121 of the Act
33	For recording of any memorial or notification not	92.00
otherwise provided for
34	On lodgment of a request for delivery of a document	24.00
or documents pursuant to section 23A (3) (c) of 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
response to a written inquiry that necessitates any	cost incurred in
searching or investigation	supplying the information, searching or investigating

37	For production of documents at the Office of State	22.00
Revenue
38	In addition, for any dealing, application, request or	92.00 for each group
caveat that refers to more than 20 folios of the	of 20 folio references
Register	or part of that number