Real Property Amendment (Fees) Regulation 2011 (NSW)

No judgment structure available for this case.

2011 No 300

New South Wales

Real Property Amendment (Fees)

Regulation 2011

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.

GREG PEARCE, MLC

Minister for Finance and Services

Explanatory note
The objects of this Regulation are:

(a)	to increase certain fees payable to the Registrar-General under the Real Property Act 1900, and
(b)	to introduce a new fee ($84) in respect of a Crown grant, certificate of title or other document produced once for the purpose of multiple subsequent lodgments (not exceeding 8) of any application, request, dealing or plan during a period not exceeding 3 months.

The fee increases are generally in line with movements in the Consumer Price Index. and 144 (the general regulation-making power).

Published LW 24 June 2011	Page 1
2011 No 300
Clause 1	Real Property Amendment (Fees) Regulation 2011

Real Property Amendment (Fees) Regulation 2011

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees) Regulation
2011.

2 Commencement
This Regulation commences on 1 July 2011 and is required to be published on the NSW legislation website.

2011 No 300

Real Property Amendment (Fees) Regulation 2011

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

Schedule 1
Omit the Schedule (as amended by Schedule 2 [5]–[14] to the Real Property
Amendment (Torrens Assurance Levy Repeal) Act 2011).
Insert instead:

Schedule 1 Fees

(Clauses 4, 10, 11 and 12)

$

Copies

1 On lodgment of an application for a certified copy of 99.50
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 Land 13.30

and Property Information Division, Department of Finance and Services
(b) by electronic means to any agent licensed by 6.88
the Land and Property Information Division,
Department of Finance and Services

(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 Land and Property is warranted by the

Information Division, Department of Finance and work involved in

Services preparing the copy

2011 No 300

Real Property Amendment (Fees) Regulation 2011

Schedule 1

Amendment of Real Property Regulation 2008

$

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

Production of documents

5 For each Crown grant, certificate of title or other 42.00
document produced once for the purpose of the
subsequent lodgment of any application, request,
dealing or plan
6 For each Crown grant, certificate of title or other 84.00
document produced once for the purpose of multiple
subsequent lodgments (not exceeding 8) of any
application, request, dealing or plan during a period
not exceeding 3 months
Applications, requests and dealings

7 On lodgment of a primary application to bring land 1,289.00
under the Act pursuant to section 14 of the Act

8 On lodgment of a resumption application to bring land 205.00
under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a 51.00
quarter-hour in excess of the first hour occupied in
examining the application
9 On lodgment of an application under section 45D of 99.50
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 51.00
quarter-hour occupied in examining the application
10 On lodgment of a transfer by way of discharge of 99.50

mortgage where a mortgagee has been recorded as registered proprietor pursuant to section 12B of the Act
11 On lodgment of a dealing for registration or recording 99.50
of a unilateral severance of a joint tenancy pursuant to
section 97 of the Act

2011 No 300

Real Property Amendment (Fees) Regulation 2011

Amendment of Real Property Regulation 2008

Schedule 1

$

12 On lodgment of a dealing to transfer an estate in land 99.50
that changes the tenancy of co-tenants without
altering their shares
13 On lodgment of a dealing to transfer the ownership of 199.00
an estate in land pursuant to section 46 of the Act
14 On lodgment of an application (other than an 99.50
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 199.00
land 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 99.50
amendment of a folio of the Register, Crown grant or
certificate of title
17 On lodgment of an application to record in the 99.50
Register an appurtenant easement created by a deed
In addition, for each quarter-hour or part of a 51.00
quarter-hour occupied in processing the application
18 On lodgment of an application under section 81A of 99.50
the Act for the extinguishment of a restrictive
covenant
In addition:

(a) for each quarter-hour or part of a quarter-hour 51.00
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 99.50

Act for the cancellation of an easement that has been abandoned or extinguished
In addition, for each quarter-hour or part of a 51.00
quarter-hour occupied in examining the application

2011 No 300

Real Property Amendment (Fees) Regulation 2011

Schedule 1

Amendment of Real Property Regulation 2008

$

20 On lodgment of an application for the determination 99.50
under Part 14A of the Act of the position of the
common boundary of adjoining lands
21 On lodgment of a building management statement 328.00
(within the meaning of the Conveyancing Act 1919)
22 For every plan, sketch or diagram accompanying an 99.50
application, request or dealing
23 For the creation of a certificate of title on any 99.50
application, request or dealing (other than pursuant to
section 111 of the Act), for each certificate, an
additional
24 On lodgment of an application, request or dealing for 99.50
which no fee is otherwise provided
Caveats

25 On lodgment or recording of a caveat 99.50
26 On withdrawal or partial withdrawal of a caveat 99.50
pursuant to section 74M (1) of the Act
27 On lodgment of a request for withdrawal or partial 99.50
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)
28 On lodgment of a request for the Registrar-General to 99.50
direct the manner of service of a notice on a caveator
pursuant to section 74N (1) (e) of the Act
29 On lodgment of an application for preparation of a 99.50
notice for service on a caveator pursuant to
section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of
the Act
30 On lodgment of a notice of a change of name of a 99.50
caveator or of the address for service of a notice on a
caveator
Authentication of forms

31 For examination and authentication of any dealing, 99.50

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

2011 No 300

Real Property Amendment (Fees) Regulation 2011

Amendment of Real Property Regulation 2008

Schedule 1

$

Official searches

32 On requisition for an official search of a folio of the 204.00

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 51.00
quarter-hour occupied in the search after the first hour
Public searches
33 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, 56.10
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 56.10
quarter-hour occupied in the search after the
first quarter-hour
In addition, for inclusion in the initial search of 13.30
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 13.30
document required

Searches generally

34 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

35 On lodgment of an application for a new certificate of 199.00
title under section 111 of the Act

2011 No 300

Real Property Amendment (Fees) Regulation 2011

Schedule 1

Amendment of Real Property Regulation 2008

$

Miscellaneous

36 On depositing an instrument declaratory of trusts 99.50
37 On depositing any other instrument not specified 99.50
38 On lodgment of an application for a statement of 99.50
reasons under section 121 of the Act
39 For recording of any memorial or notification not 99.50
otherwise provided for
40 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)
41 For furnishing a certificate of ownership (Local 51.00

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 51.00
quarter-hour occupied in preparing the certificate of
ownership after the first quarter-hour
In addition, for supplying each additional document 13.30
forming part of the Register

42 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

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

44 In addition, for any dealing, application, request or 99.50 for each group
caveat that refers to more than 20 folios of the of 20 folio references
Register or part of that number

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Citations

Real Property Amendment (Fees) Regulation 2011 (NSW)

Cases Citing This Decision

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Cases Cited

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1	On lodgment of an application for a certified copy of	99.50
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 Land	13.30
and Property Information Division, Department of Finance and Services
(b)	by electronic means to any agent licensed by	6.88
the Land and Property Information Division, Department of Finance and Services
(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 Land and Property	is warranted by the
Information Division, Department of Finance and	work involved in
Services	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	42.00
document produced once for the purpose of the subsequent lodgment of any application, request, dealing or plan
6	For each Crown grant, certificate of title or other	84.00
document produced once for the purpose of multiple subsequent lodgments (not exceeding 8) of any application, request, dealing or plan during a period not exceeding 3 months

7	On lodgment of a primary application to bring land	1,289.00
under the Act pursuant to section 14 of the Act
8	On lodgment of a resumption application to bring land	205.00
under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a	51.00
quarter-hour in excess of the first hour occupied in examining the application
9	On lodgment of an application under section 45D of	99.50
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	51.00
quarter-hour occupied in examining the application
10	On lodgment of a transfer by way of discharge of	99.50
mortgage where a mortgagee has been recorded as registered proprietor pursuant to section 12B of the Act
11	On lodgment of a dealing for registration or recording	99.50
of a unilateral severance of a joint tenancy pursuant to section 97 of the Act

12	On lodgment of a dealing to transfer an estate in land	99.50
that changes the tenancy of co-tenants without altering their shares
13	On lodgment of a dealing to transfer the ownership of	199.00
an estate in land pursuant to section 46 of the Act
14	On lodgment of an application (other than an	99.50
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	199.00
land 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	99.50
amendment of a folio of the Register, Crown grant or certificate of title
17	On lodgment of an application to record in the	99.50
Register an appurtenant easement created by a deed
In addition, for each quarter-hour or part of a	51.00
quarter-hour occupied in processing the application
18	On lodgment of an application under section 81A of	99.50
the Act for the extinguishment of a restrictive covenant
In addition:

(a)	for each quarter-hour or part of a quarter-hour	51.00
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	99.50
Act for the cancellation of an easement that has been abandoned or extinguished
In addition, for each quarter-hour or part of a	51.00
quarter-hour occupied in examining the application

20	On lodgment of an application for the determination	99.50
under Part 14A of the Act of the position of the common boundary of adjoining lands
21	On lodgment of a building management statement	328.00
(within the meaning of the Conveyancing Act 1919)
22	For every plan, sketch or diagram accompanying an	99.50
application, request or dealing
23	For the creation of a certificate of title on any	99.50
application, request or dealing (other than pursuant to section 111 of the Act), for each certificate, an additional
24	On lodgment of an application, request or dealing for	99.50
which no fee is otherwise provided

25	On lodgment or recording of a caveat	99.50
26	On withdrawal or partial withdrawal of a caveat	99.50
pursuant to section 74M (1) of the Act
27	On lodgment of a request for withdrawal or partial	99.50
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)
28	On lodgment of a request for the Registrar-General to	99.50
direct the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act
29	On lodgment of an application for preparation of a	99.50
notice for service on a caveator pursuant to section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act
30	On lodgment of a notice of a change of name of a	99.50
caveator or of the address for service of a notice on a caveator

31	For examination and authentication of any dealing,	99.50
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

32	On requisition for an official search of a folio of the	204.00
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	51.00
quarter-hour occupied in the search after the first hour

In addition, for each quarter-hour or part of a	56.10
quarter-hour occupied in the search after the first quarter-hour
In addition, for inclusion in the initial search of	13.30
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	13.30
document required

34	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

35	On lodgment of an application for a new certificate of	199.00
title under section 111 of the Act

36	On depositing an instrument declaratory of trusts	99.50
37	On depositing any other instrument not specified	99.50
38	On lodgment of an application for a statement of	99.50
reasons under section 121 of the Act
39	For recording of any memorial or notification not	99.50
otherwise provided for
40	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)
41	For furnishing a certificate of ownership (Local	51.00
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	51.00
quarter-hour occupied in preparing the certificate of ownership after the first quarter-hour
In addition, for supplying each additional document	13.30
forming part of the Register
42	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

43	For production of documents at the Office of State	24.00
Revenue
44	In addition, for any dealing, application, request or	99.50 for each group
caveat that refers to more than 20 folios of the	of 20 folio references
Register	or part of that number