Real Property Amendment (Fees) Regulation 2010 (NSW)

No judgment structure available for this case.

2010 No 228

New South Wales

Real Property Amendment (Fees)

Regulation 2010

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.

TONY KELLY, MLC

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 fee increases are generally in line with movements in the Consumer Price Index.

This Regulation is made under the Real Property Act 1900, including sections 135D (1) (c) and 144 (the general regulation-making power).

Published LW 4 June 2010	Page 1
2010 No 228
Clause 1	Real Property Amendment (Fees) Regulation 2010

Real Property Amendment (Fees) Regulation 2010

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees) Regulation
2010.

2 Commencement
This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.

2010 No 228

Real Property Amendment (Fees) Regulation 2010

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 97.00
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 Land and 13.00
Property Management Authority
(b) by electronic means to any agent licensed by the 6.70
Land and Property Management Authority

(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 document Such reasonable fee
in the custody of the Registrar-General, other than a (determined by the
certified copy or a copy available to any person attending Registrar-General)
an office of the Land and Property Management as is warranted by

Authority the work involved in
preparing the copy

2010 No 228

Real Property Amendment (Fees) Regulation 2010

Schedule 1

Amendment of Real Property Regulation 2008

$

Advertisements

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

Production of documents

5 For each Crown grant, certificate of title or other 41.00
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 under 1,255.00
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 the 97.00

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
9 On lodgment of a transfer by way of discharge of 97.00
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 of 97.00
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 that 97.00
changes the tenancy of co-tenants without altering their
shares
12 On lodgment of a dealing to transfer the ownership of an 194.00
estate in land pursuant to section 46 of the Act
13 On lodgment of an application, request or dealing for 97.00
which no fee is otherwise provided

2010 No 228

Real Property Amendment (Fees) Regulation 2010

Amendment of Real Property Regulation 2008

Schedule 1

$

14 On lodgment of an application (other than an application 97.00
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 land 194.00

arising from the closing of a public road under the Roads Act 1993, regardless of how many recordings will ensue
16 On lodgment of an application or request for amendment 97.00
of a folio of the Register, Crown grant or certificate of
title
17 On lodgment of an application to record in the Register 97.00
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 the 97.00
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 giving notice Such reasonable fee
under section 81D of the Act by way of registered (determined by the

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 97.00

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 97.00
under Part 14A of the Act of the position of the common
boundary of adjoining lands
21 On lodgment of a building management statement 320.00
(within the meaning of the Conveyancing Act 1919)
22 For every plan, sketch or diagram accompanying an 97.00
application, request or dealing

2010 No 228

Real Property Amendment (Fees) Regulation 2010

Schedule 1

Amendment of Real Property Regulation 2008

$

23 For the creation of a certificate of title on any application, 97.00
request or dealing (other than pursuant to section 111 of
the Act), for each certificate, an additional
Caveats

24 On lodgment or recording of a caveat 97.00
25 On withdrawal or partial withdrawal of a caveat pursuant 97.00
to section 74M (1) of the Act
26 On lodgment of a request for withdrawal or partial 97.00

payable for withdrawal or partial withdrawal of a

withdrawal of a Registrar-General’s caveat (no fee is registration of a dealing)
27 On lodgment of a request for the Registrar-General to 97.00
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 notice 97.00
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 97.00
caveator or of the address for service of a notice on a
caveator
Authentication of forms

30 For examination and authentication of any dealing, 97.00
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
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

2010 No 228

Real Property Amendment (Fees) Regulation 2010

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 custody 24.00
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 a (determined by the

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

34 On lodgment of an application for a new certificate of 194.00
title under section 111 of the Act
Miscellaneous

35 On depositing an instrument declaratory of trusts or other 97.00
instrument not specified
36 On lodgment of an application for a statement of reasons 97.00
under section 121 of the Act
37 For recording of any memorial or notification not 97.00
otherwise provided for

2010 No 228

Real Property Amendment (Fees) Regulation 2010

Schedule 1

Amendment of Real Property Regulation 2008

$

38 On lodgment of a request for delivery of a document or 24.00

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)
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 or (determined by the
plan should be drawn, or as to whether a proposed Registrar-General)
dealing or plan is entitled to registration, or in response as is warranted by
to a written inquiry that necessitates any searching or the 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 97.00 for each group
caveat that refers to more than 20 folios of the Register of 20 folio
references or part of
that number

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Citations

Real Property Amendment (Fees) Regulation 2010 (NSW)

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1	On lodgment of an application for a certified copy of a	97.00
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 Land and	13.00
Property Management Authority
(b)	by electronic means to any agent licensed by the	6.70
Land and Property Management Authority
(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 document	Such reasonable fee
in the custody of the Registrar-General, other than a	(determined by the
certified copy or a copy available to any person attending	Registrar-General)
an office of the Land and Property Management	as is warranted by

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

5	For each Crown grant, certificate of title or other	41.00
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 under	1,255.00
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 the	97.00
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
9	On lodgment of a transfer by way of discharge of	97.00
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 of	97.00
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 that	97.00
changes the tenancy of co-tenants without altering their shares
12	On lodgment of a dealing to transfer the ownership of an	194.00
estate in land pursuant to section 46 of the Act
13	On lodgment of an application, request or dealing for	97.00
which no fee is otherwise provided

14	On lodgment of an application (other than an application	97.00
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 land	194.00
arising from the closing of a public road under the Roads Act 1993, regardless of how many recordings will ensue
16	On lodgment of an application or request for amendment	97.00
of a folio of the Register, Crown grant or certificate of title
17	On lodgment of an application to record in the Register	97.00
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 the	97.00
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 giving notice	Such reasonable fee
under section 81D of the Act by way of registered	(determined by the
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	97.00
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	97.00
under Part 14A of the Act of the position of the common boundary of adjoining lands
21	On lodgment of a building management statement	320.00
(within the meaning of the Conveyancing Act 1919)
22	For every plan, sketch or diagram accompanying an	97.00
application, request or dealing

23	For the creation of a certificate of title on any application,	97.00
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	97.00
25	On withdrawal or partial withdrawal of a caveat pursuant	97.00
to section 74M (1) of the Act
26	On lodgment of a request for withdrawal or partial	97.00
payable for withdrawal or partial withdrawal of a
withdrawal of a Registrar-General’s caveat (no fee is registration of a dealing)
27	On lodgment of a request for the Registrar-General to	97.00
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 notice	97.00
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	97.00
caveator or of the address for service of a notice on a caveator

30	For examination and authentication of any dealing,	97.00
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

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 custody	24.00
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 a	(determined by the

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

34	On lodgment of an application for a new certificate of	194.00
title under section 111 of the Act

35	On depositing an instrument declaratory of trusts or other	97.00
instrument not specified
36	On lodgment of an application for a statement of reasons	97.00
under section 121 of the Act
37	For recording of any memorial or notification not	97.00
otherwise provided for

38	On lodgment of a request for delivery of a document or	24.00
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)
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 or	(determined by the
plan should be drawn, or as to whether a proposed	Registrar-General)
dealing or plan is entitled to registration, or in response	as is warranted by
to a written inquiry that necessitates any searching or	the cost incurred in

41	For production of documents at the Office of State	24.00
Revenue
42	In addition, for any dealing, application, request or	97.00 for each group
caveat that refers to more than 20 folios of the Register	of 20 folio references or part of that number