Real Property Amendment (Fees) Regulation 2009 (NSW)

No judgment structure available for this case.

2009 No 233

New South Wales

Real Property Amendment (Fees)

Regulation 2009

under the

Real Property Act 1900

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Real Property Act 1900.

ANTHONY KELLY, MLC

Minister for Lands

Explanatory note

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

under the Real Property Act 1900.

Published LW 12 June 2009	Page 1
2009 No 233
Clause 1	Real Property Amendment (Fees) Regulation 2009

Real Property Amendment (Fees) Regulation 2009

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees) Regulation
2009.

2 Commencement
This Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.

2009 No 233

Real Property Amendment (Fees) Regulation 2009

Amendment of Real Property Regulation 2008	Schedule 1
Schedule 1	Amendment of Real Property Regulation 2008

Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clauses 4 (b), 10 (4), 11 (c) and 12 (1))

$

Copies

1 On lodgment of an application for a certified copy of a 95.00
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 13.00
Department of Lands
(b) by electronic means to any agent licensed by 6.50
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 any (determined by the

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

2009 No 233

Real Property Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Real Property Regulation 2008

$

Production of documents

5 For each Crown grant, certificate of title or other 40.00
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 land 200.00
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 95.00
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 a transfer by way of discharge of 95.00

mortgage where a mortgagee has been recorded as registered proprietor pursuant to section 12B of the Act
10 On lodgment of a dealing for registration or recording 95.00
of a unilateral severance of a joint tenancy pursuant to
section 97 of the Act
11 On lodgment of a dealing to transfer an estate in land 95.00
that changes the tenancy of co-tenants without altering
their shares
12 On lodgment of a dealing to transfer the ownership of 190.00
an estate in land pursuant to section 46 of the Act
13 On lodgment of an application, request or dealing for 95.00
which no fee is otherwise provided
14 On lodgment of an application (other than an 95.00
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

2009 No 233

Real Property Amendment (Fees) Regulation 2009

Amendment of Real Property Regulation 2008

Schedule 1

$

15 On lodgment of an application to dispose of Crown 190.00

land arising from the closing of a public road under the will ensue
16 On lodgment of an application or request for 95.00
amendment of a folio of the Register, Crown grant or
certificate of title
17 On lodgment of an application to record in the Register 95.00
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
18 On lodgment of an application under section 81A of 95.00
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

19 On lodgment of an application under section 49 of the 95.00

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
20 On lodgment of an application for the determination 95.00
under Part 14A of the Act of the position of the
common boundary of adjoining lands
21 On lodgment of a building management statement 310.00
(within the meaning of the Conveyancing Act 1919)
22 For every plan, sketch or diagram accompanying an 95.00
application, request or dealing
23 For the creation of a certificate of title on any 95.00
application, request or dealing (other than pursuant to
section 111 of the Act), for each certificate, an
additional

2009 No 233

Real Property Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Real Property Regulation 2008

$

Caveats

24 On lodgment or recording of a caveat 95.00
25 On withdrawal or partial withdrawal of a caveat 95.00
pursuant to section 74M (1) of the Act
26 On lodgment of a request for withdrawal or partial 95.00
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)
27 On lodgment of a request for the Registrar-General to 95.00
direct the manner of service of a notice on a caveator
pursuant to section 74N (1) (e) of the Act
28 On lodgment of an application for preparation of a 95.00
notice for service on a caveator pursuant to section
74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act
29 On lodgment of a notice of a change of name of a 95.00
caveator or of the address for service of a notice on a
caveator
Authentication of forms

30 For examination and authentication of any dealing, 95.00

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

31 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

2009 No 233

Real Property Amendment (Fees) Regulation 2009

Amendment of Real Property Regulation 2008

Schedule 1

$

Public searches
32 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 13.00
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 13.00
document required
Searches generally

33 In the case of a requisition for an official search of a Such reasonable fee
manual folio, a computer folio certificate or a search of (determined by the

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

34 On lodgment of an application for a new certificate of 190.00
title under section 111 of the Act
Miscellaneous

35 On depositing an instrument declaratory of trusts or 95.00
other instrument not specified
36 On lodgment of an application for a statement of 95.00
reasons under section 121 of the Act
37 For recording of any memorial or notification not 95.00
otherwise provided for

2009 No 233

Real Property Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Real Property Regulation 2008

$

38 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)
39 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 13.00
forming part of the Register

40 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 response is warranted by the

to a written inquiry that necessitates any searching or cost incurred in

investigation supplying the
information, searching
or investigating

41 For production of documents at the Office of State 24.00
Revenue

42 In addition, for any dealing, application, request or 95.00 for each group
caveat that refers to more than 20 folios of the Register of 20 folio references or part of that number

Actions

Download as PDF Download as Word Document

Citations

Real Property Amendment (Fees) Regulation 2009 (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	95.00
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	13.00
Department of Lands
(b)	by electronic means to any agent licensed by	6.50
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 any	(determined by the

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	40.00
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 land	200.00
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	95.00
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 a transfer by way of discharge of	95.00
mortgage where a mortgagee has been recorded as registered proprietor pursuant to section 12B of the Act
10	On lodgment of a dealing for registration or recording	95.00
of a unilateral severance of a joint tenancy pursuant to section 97 of the Act
11	On lodgment of a dealing to transfer an estate in land	95.00
that changes the tenancy of co-tenants without altering their shares
12	On lodgment of a dealing to transfer the ownership of	190.00
an estate in land pursuant to section 46 of the Act
13	On lodgment of an application, request or dealing for	95.00
which no fee is otherwise provided
14	On lodgment of an application (other than an	95.00
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

15	On lodgment of an application to dispose of Crown	190.00
land arising from the closing of a public road under the will ensue
16	On lodgment of an application or request for	95.00
amendment of a folio of the Register, Crown grant or certificate of title
17	On lodgment of an application to record in the Register	95.00
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
18	On lodgment of an application under section 81A of	95.00
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

19	On lodgment of an application under section 49 of the	95.00
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
20	On lodgment of an application for the determination	95.00
under Part 14A of the Act of the position of the common boundary of adjoining lands
21	On lodgment of a building management statement	310.00
(within the meaning of the Conveyancing Act 1919)
22	For every plan, sketch or diagram accompanying an	95.00
application, request or dealing
23	For the creation of a certificate of title on any	95.00
application, request or dealing (other than pursuant to section 111 of the Act), for each certificate, an additional

24	On lodgment or recording of a caveat	95.00
25	On withdrawal or partial withdrawal of a caveat	95.00
pursuant to section 74M (1) of the Act
26	On lodgment of a request for withdrawal or partial	95.00
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)
27	On lodgment of a request for the Registrar-General to	95.00
direct the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act
28	On lodgment of an application for preparation of a	95.00
notice for service on a caveator pursuant to section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act
29	On lodgment of a notice of a change of name of a	95.00
caveator or of the address for service of a notice on a caveator

30	For examination and authentication of any dealing,	95.00
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

31	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	13.00
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	13.00
document required

33	In the case of a requisition for an official search of a	Such reasonable fee
manual folio, a computer folio certificate or a search of	(determined by the

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

34	On lodgment of an application for a new certificate of	190.00
title under section 111 of the Act

35	On depositing an instrument declaratory of trusts or	95.00
other instrument not specified
36	On lodgment of an application for a statement of	95.00
reasons under section 121 of the Act
37	For recording of any memorial or notification not	95.00
otherwise provided for

38	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)
39	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	13.00
forming part of the Register
40	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 response	is warranted by the
to a written inquiry that necessitates any searching or	cost incurred in
investigation	supplying the information, searching or investigating

41	For production of documents at the Office of State	24.00
Revenue
42	In addition, for any dealing, application, request or	95.00 for each group
caveat that refers to more than 20 folios of the Register	of 20 folio references or part of that number