Real Property Amendment (Fees) Regulation 2012 (NSW)

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2012 No 288

New South Wales

Real Property Amendment (Fees)

Regulation 2012

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 remove the GST component from the 2 fees in respect of the production of documents, and

(c)

to introduce fees in respect of 2 new services, the Lease Folio Data Extract Report and the Lease Folio Caveats, Writs and Other Dealings Report, and

(d)

to remove a number of fees for services that are now obsolete or inappropriate.

The Lease Folio Data Extract Report will provide details about the lease folios of a particular
commercial lease complex, including the lease folio numbers, the premises, the registered
lease dealing numbers, dates of registration, lessee names, expiry dates and any options for
renewals. The Report, in time, will also include details of any relevant mortgages.
The Lease Folio Caveats, Writs and Other Dealings Report will provide details about the
manner in which lease folios are affected by caveats, writs, orders of court and unregistered
dealings.

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

Published LW 29 June 2012

Page 1

2012 No 288

Clause 1

Real Property Amendment (Fees) Regulation 2012

Real Property Amendment (Fees) Regulation 2012

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees)
Regulation 2012.

2 Commencement
This Regulation commences on 1 July 2012 and is required to be published on the NSW legislation website.

2012 No 288

Real Property Amendment (Fees) Regulation 2012

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, 10, 11 and 12)

$

Copies

1 On lodgment of an application for a certified copy of 102.00
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 Land 13.60

and Property Information Division, Department of Finance and Services
(b) by electronic means to any agent licensed by 7.05
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

2012 No 288

Real Property Amendment (Fees) Regulation 2012

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 39.10
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 78.20
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 1,321.00
under the Act pursuant to section 14 of the Act

8 On lodgment of a resumption application to bring land 210.00
under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a 52.00
quarter-hour in excess of the first hour occupied in
examining the application
9 On lodgment of an application under section 45D of 102.00
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 52.00
quarter-hour occupied in examining the application
10 On lodgment of a transfer by way of discharge of 102.00

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 102.00
of a unilateral severance of a joint tenancy pursuant to
section 97 of the Act

2012 No 288

Real Property Amendment (Fees) Regulation 2012

Amendment of Real Property Regulation 2008

Schedule 1

$

12 On lodgment of a dealing to transfer an estate in land 102.00
that changes the tenancy of co-tenants without altering
their shares
13 On lodgment of a dealing to transfer the ownership of 204.00
an estate in land pursuant to section 46 of the Act
14 On lodgment of an application (other than an 102.00
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 204.00
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 102.00
amendment of a folio of the Register, Crown grant or
certificate of title
17 On lodgment of an application to record in the 102.00
Register an appurtenant easement created by a deed
In addition, for each quarter-hour or part of a 52.00
quarter-hour occupied in processing the application
18 On lodgment of an application under section 81A of 102.00
the Act for the extinguishment of a restrictive
covenant
In addition:

(a) for each quarter-hour or part of a quarter-hour 52.00
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 102.00

Act for the cancellation of an easement that has been abandoned or extinguished
In addition, for each quarter-hour or part of a 52.00
quarter-hour occupied in examining the application

2012 No 288

Real Property Amendment (Fees) Regulation 2012

Schedule 1

Amendment of Real Property Regulation 2008

$

20 On lodgment of an application for the determination 102.00
under Part 14A of the Act of the position of the
common boundary of adjoining lands
21 For every plan, sketch or diagram accompanying an 102.00
application, request or dealing
22 For the creation of a certificate of title on any 102.00
application, request or dealing (other than pursuant to
section 111 of the Act), for each certificate, an
additional
23 On lodgment of an application, request or dealing for 102.00
which no fee is otherwise provided
Caveats

24 On lodgment or recording of a caveat 102.00
25 On withdrawal or partial withdrawal of a caveat 102.00
pursuant to section 74M (1) of the Act
26 On lodgment of a request for withdrawal or partial 102.00
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 102.00
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 102.00
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 102.00
caveator or of the address for service of a notice on a
caveator
Authentication of forms

30 For examination and authentication of any dealing, 102.00

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

2012 No 288

Real Property Amendment (Fees) Regulation 2012

Amendment of Real Property Regulation 2008

Schedule 1

$

Official searches

31 On requisition for an official search of a folio of the 208.00

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 52.00
quarter-hour occupied in the search after the first hour
Public searches

32 On the lodgment of a requisition requiring dispatch of 57.20
information by post, facsimile or other approved
means—for an initial search of a folio of the Register,
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 57.20
quarter-hour occupied in the search after the first
quarter-hour
In addition, for inclusion in the initial search of any 13.60
additional document forming part of the Register (per
document)
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 (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

34 On lodgment of an application for a new certificate of 204.00
title under section 111 of the Act
Reports
35 For supplying a Lease Folio Data Extract Report:

(a) to any person attending an office of the Land 40.80
and Property Information Division, Department of Finance and Services

(b) by electronic means to any agent licensed by 28.20
the Land and Property Information Division,
Department of Finance and Services

2012 No 288

Real Property Amendment (Fees) Regulation 2012

Schedule 1

Amendment of Real Property Regulation 2008

$

(c) by electronic means to any person via the 32.60
website of the Land and Property Division,
Department of Finance and Services
36 For supplying a Lease Folio Caveats, Writs and Other Dealings Report:

(a) to any person attending an office of the Land 27.20
and Property Information Division, Department of Finance and Services

(b) by electronic means to any agent licensed by 14.10
the Land and Property Information Division,
Department of Finance and Services
(c) by electronic means to any person via the 18.50
website of the Land and Property Division,
Department of Finance and Services

Miscellaneous

37 On depositing an instrument declaratory of trusts 102.00
38 On depositing any other instrument not specified 102.00
39 On lodgment of an application for a statement of 102.00
reasons under section 121 of the Act
40 For recording of any memorial or notification not 102.00
otherwise provided for
41 On lodgment of a request for delivery of a document 24.60

or documents pursuant to section 23A (3) (c) of the currency of the primary application)
42 For furnishing a certificate of ownership (Local 52.00

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 52.00
quarter-hour occupied in preparing the certificate of
ownership after the first quarter-hour
In addition, for supplying each additional document 13.60
forming part of the Register

2012 No 288

Real Property Amendment (Fees) Regulation 2012

Amendment of Real Property Regulation 2008

Schedule 1

$

43 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

44 In addition, for any dealing, application, request or 102.00 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 2012 (NSW)

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1	On lodgment of an application for a certified copy of	102.00
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 Land	13.60
and Property Information Division, Department of Finance and Services
(b)	by electronic means to any agent licensed by	7.05
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	39.10
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	78.20
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	1,321.00
under the Act pursuant to section 14 of the Act
8	On lodgment of a resumption application to bring land	210.00
under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a	52.00
quarter-hour in excess of the first hour occupied in examining the application
9	On lodgment of an application under section 45D of	102.00
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	52.00
quarter-hour occupied in examining the application
10	On lodgment of a transfer by way of discharge of	102.00
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	102.00
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	102.00
that changes the tenancy of co-tenants without altering their shares
13	On lodgment of a dealing to transfer the ownership of	204.00
an estate in land pursuant to section 46 of the Act
14	On lodgment of an application (other than an	102.00
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	204.00
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	102.00
amendment of a folio of the Register, Crown grant or certificate of title
17	On lodgment of an application to record in the	102.00
Register an appurtenant easement created by a deed
In addition, for each quarter-hour or part of a	52.00
quarter-hour occupied in processing the application
18	On lodgment of an application under section 81A of	102.00
the Act for the extinguishment of a restrictive covenant
In addition:

(a)	for each quarter-hour or part of a quarter-hour	52.00
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	102.00
Act for the cancellation of an easement that has been abandoned or extinguished
In addition, for each quarter-hour or part of a	52.00
quarter-hour occupied in examining the application

20	On lodgment of an application for the determination	102.00
under Part 14A of the Act of the position of the common boundary of adjoining lands
21	For every plan, sketch or diagram accompanying an	102.00
application, request or dealing
22	For the creation of a certificate of title on any	102.00
application, request or dealing (other than pursuant to section 111 of the Act), for each certificate, an additional
23	On lodgment of an application, request or dealing for	102.00
which no fee is otherwise provided

24	On lodgment or recording of a caveat	102.00
25	On withdrawal or partial withdrawal of a caveat	102.00
pursuant to section 74M (1) of the Act
26	On lodgment of a request for withdrawal or partial	102.00
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	102.00
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	102.00
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	102.00
caveator or of the address for service of a notice on a caveator

30	For examination and authentication of any dealing,	102.00
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	208.00
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	52.00
quarter-hour occupied in the search after the first hour

32	On the lodgment of a requisition requiring dispatch of	57.20
information by post, facsimile or other approved means—for an initial search of a folio of the Register, 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	57.20
quarter-hour occupied in the search after the first quarter-hour
In addition, for inclusion in the initial search of any	13.60
additional document forming part of the Register (per document)

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	(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

34	On lodgment of an application for a new certificate of	204.00
title under section 111 of the Act

(b)	by electronic means to any agent licensed by	28.20
the Land and Property Information Division, Department of Finance and Services

(c)	by electronic means to any person via the	32.60
website of the Land and Property Division, Department of Finance and Services

(b)	by electronic means to any agent licensed by	14.10
the Land and Property Information Division, Department of Finance and Services
(c)	by electronic means to any person via the	18.50
website of the Land and Property Division, Department of Finance and Services

37	On depositing an instrument declaratory of trusts	102.00
38	On depositing any other instrument not specified	102.00
39	On lodgment of an application for a statement of	102.00
reasons under section 121 of the Act
40	For recording of any memorial or notification not	102.00
otherwise provided for
41	On lodgment of a request for delivery of a document	24.60
or documents pursuant to section 23A (3) (c) of the currency of the primary application)
42	For furnishing a certificate of ownership (Local	52.00
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	52.00
quarter-hour occupied in preparing the certificate of ownership after the first quarter-hour
In addition, for supplying each additional document	13.60
forming part of the Register

43	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

44	In addition, for any dealing, application, request or	102.00 for each group
caveat that refers to more than 20 folios of the	of 20 folio references
Register	or part of that number