Real Property Amendment (Fees) Regulation 2013 (NSW)

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2013 No 307

New South Wales

Real Property Amendment (Fees)

Regulation 2013

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.

GREG PEARCE, MLC

Minister for Finance and Services

Explanatory note
The objects of this Regulation are:

(a)	to increase the fees payable to the Registrar-General under the Real Property Act 1900, and
(b)	to remove the GST component from certain fees relating to a public search of the Register, and
(c)	to introduce fees in respect of new electronic services to support electronic conveyancing under the Electronic Conveyancing National Law (NSW).

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 115 (1), 116,

135D (1) (c) and 144 (the general regulation-making power).

Published LW 21 June 2013	Page 1
2013 No 307
Clause 1	Real Property Amendment (Fees) Regulation 2013

Real Property Amendment (Fees) Regulation 2013

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees) Regulation
2013.

2 Commencement
This Regulation commences on 1 July 2013 and is required to be published on the NSW legislation website.

2013 No 307

Real Property Amendment (Fees) Regulation 2013

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

[1] Clause 4 Lodgment of dealings and caveats
Insert at the end of the clause:

(2) Despite subclause (1) (b), if a dealing or caveat is to be lodged electronically, the relevant fee set out in Schedule 1 must be paid in accordance with the participation agreement (within the meaning of the Electronic Conveyancing National Law (NSW)) under which the lodgment is authorised.

[2] Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clauses 4, 10, 11 and 12)

Item Matter for which fee payable Fee
Copies

1 On lodgment of an application for a certified copy of $104.50
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 $13.90

and Property Information Division, Department of Finance and Services
(b) by electronic means to any agent licensed by $7.20
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

2013 No 307

Real Property Amendment (Fees) Regulation 2013

Schedule 1

Amendment of Real Property Regulation 2008

Item Matter for which fee payable Fee

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)
person attending an office of the Land and Property as is warranted by

Information Division, Department of Finance and the work involved in

Services 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)
imposed 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 $40.00
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 $80.00
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 $1,354.00
under the Act pursuant to section 14 of the Act

8 On lodgment of a resumption application to bring $215.30
land under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a $53.00
quarter-hour in excess of the first hour occupied in
examining the application
9 On lodgment of an application under section 45D of $104.50
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 $53.00
quarter-hour occupied in examining the application

2013 No 307

Real Property Amendment (Fees) Regulation 2013

Amendment of Real Property Regulation 2008

Schedule 1

Item Matter for which fee payable Fee

10 On lodgment of a transfer by way of discharge of $104.50

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 $104.50
recording 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 $104.50
that changes the tenancy of co-tenants without
altering their shares
13 On lodgment of a dealing to transfer the ownership of $209.00
an estate in land pursuant to section 46 of the Act
14 On lodgment of an application (other than an $104.50

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 $209.00
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 $104.50
amendment of a folio of the Register, Crown grant or
certificate of title
17 On lodgment of an application to record in the $104.50
Register an appurtenant easement created by a deed
In addition, for each quarter-hour or part of a $53.00
quarter-hour occupied in processing the application
18 On lodgment of an application under section 81A of $104.50
the Act for the extinguishment of a restrictive
covenant
In addition:

(a) for each quarter-hour or part of a quarter-hour $53.00
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

2013 No 307

Real Property Amendment (Fees) Regulation 2013

Schedule 1

Amendment of Real Property Regulation 2008

Item Matter for which fee payable Fee

19 On lodgment of an application under section 49 of $104.50
the Act for the cancellation of an easement that has
been abandoned or extinguished
In addition, for each quarter-hour or part of a $53.00
quarter-hour occupied in examining the application
20 On lodgment of an application for the determination $104.50
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 $104.50
application, request or dealing
22 For the creation of a certificate of title on any $104.50
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 $104.50
which no fee is otherwise provided
Caveats
24 On lodgment or recording of a caveat $104.50
25 On withdrawal or partial withdrawal of a caveat $104.50
pursuant to section 74M (1) of the Act
26 On lodgment of a request for withdrawal or partial $104.50
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)
27 On lodgment of a request for the Registrar-General to $104.50
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 $104.50
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 $104.50
caveator or of the address for service of a notice on a
caveator

2013 No 307

Real Property Amendment (Fees) Regulation 2013

Amendment of Real Property Regulation 2008

Schedule 1

Item Matter for which fee payable Fee
Authentication of forms

30 For examination and authentication of any dealing, $104.50

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
Official searches

31 On requisition for an official search of a folio of the $212.00

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 $53.00
quarter-hour occupied in the search after the first
hour
Public searches

32 On the lodgment of a requisition requiring dispatch $53.00

means—for an initial search of a folio of the

of information by post, facsimile or other approved a copy of the relevant folio and the transmission fee
In addition, for each quarter-hour or part of a $53.00
quarter-hour occupied in the search after the first
quarter-hour
In addition, for inclusion in the initial search of any $13.90
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
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 $209.00
of title under section 111 of the Act

2013 No 307

Real Property Amendment (Fees) Regulation 2013

Schedule 1

Amendment of Real Property Regulation 2008

Item Matter for which fee payable Fee
Reports
35 For supplying a Lease Folio Data Extract Report:

(a) to any person attending an office of the Land $41.70
and Property Information Division, Department of Finance and Services
(b) by electronic means to any agent licensed by $28.80
the Land and Property Information Division,
Department of Finance and Services
(c) by electronic means to any person via the $33.75
website of the Land and Property Information
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 $27.80
and Property Information Division, Department of Finance and Services

(b) by electronic means to any agent licensed by $14.40
the Land and Property Information Division,
Department of Finance and Services
(c) by electronic means to any person via the $19.35
website of the Land and Property Information
Division, Department of Finance and
Services

Lodgment support services (LSS) for electronic conveyancing
37 For supplying to an Electronic Lodgment Network (Electronic Conveyancing National Law (NSW)— section 13) the following electronic services:

(a) the suite of lodgment support services (known $10.80
as “LSS 1”) comprising initial supply of title
data, verifications that documents are in an
appropriate form for electronic lodgment and
automated checks for changes in title data
initially supplied

(b) the suite of lodgment support services (known $7.20

as “LSS 2”) comprising initial supply of title data and verifications that documents are in an appropriate form for electronic lodgment

2013 No 307

Real Property Amendment (Fees) Regulation 2013

Amendment of Real Property Regulation 2008

Schedule 1

Item Matter for which fee payable Fee

(c) the lodgment support service (known as “LSS $3.60
3”) comprising supply of updated title data
following changes in title data initially
supplied

Miscellaneous

38 On depositing an instrument declaratory of trusts $104.50
39 On depositing any other instrument not specified $104.50
40 On lodgment of an application for a statement of $104.50
reasons under section 121 of the Act
41 For recording of any memorial or notification not $104.50
otherwise provided for
42 On lodgment of a request for delivery of a document $25.20

or 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)
43 For furnishing a certificate of ownership (Local $53.00

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 $53.00
quarter-hour occupied in preparing the certificate of
ownership after the first quarter-hour
In addition, for supplying each additional document $13.90
forming part of the Register

44 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)
dealing or plan is entitled to registration, or in as is warranted by
response to a written inquiry that necessitates any the cost incurred in

searching or investigation

supplying the information, searching or investigating

45 In addition, for any dealing, application, request or $104.50 for each
caveat that refers to more than 20 folios of the group of 20 folio

Register references or part of
that number

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Real Property Amendment (Fees) Regulation 2013 (NSW)

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Item	Matter for which fee payable	Fee
Copies
1	On lodgment of an application for a certified copy of	$104.50
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	$13.90
and Property Information Division, Department of Finance and Services
(b)	by electronic means to any agent licensed by	$7.20
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

Information Division, Department of Finance and	the 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)
imposed 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	$40.00
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	$80.00
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	$1,354.00
under the Act pursuant to section 14 of the Act
8	On lodgment of a resumption application to bring	$215.30
land under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a	$53.00
quarter-hour in excess of the first hour occupied in examining the application
9	On lodgment of an application under section 45D of	$104.50
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	$53.00
quarter-hour occupied in examining the application

(a)	for each quarter-hour or part of a quarter-hour	$53.00
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

30	For examination and authentication of any dealing,	$104.50
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

31	On requisition for an official search of a folio of the	$212.00
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	$53.00
quarter-hour occupied in the search after the first hour

32	On the lodgment of a requisition requiring dispatch	$53.00
means—for an initial search of a folio of the
of information by post, facsimile or other approved a copy of the relevant folio and the transmission fee
In addition, for each quarter-hour or part of a	$53.00
quarter-hour occupied in the search after the first quarter-hour
In addition, for inclusion in the initial search of any	$13.90
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
schedule of fees is not appropriate	requesting party) as is warranted by the

34	On lodgment of an application for a new certificate	$209.00
of title under section 111 of the Act

(a)	to any person attending an office of the Land	$41.70
and Property Information Division, Department of Finance and Services
(b)	by electronic means to any agent licensed by	$28.80
the Land and Property Information Division, Department of Finance and Services
(c)	by electronic means to any person via the	$33.75
website of the Land and Property Information Division, Department of Finance and Services

(b)	by electronic means to any agent licensed by	$14.40
the Land and Property Information Division, Department of Finance and Services
(c)	by electronic means to any person via the	$19.35
website of the Land and Property Information Division, Department of Finance and Services

(b)	the suite of lodgment support services (known	$7.20
as “LSS 2”) comprising initial supply of title data and verifications that documents are in an appropriate form for electronic lodgment

(c)	the lodgment support service (known as “LSS	$3.60
3”) comprising supply of updated title data following changes in title data initially supplied

38	On depositing an instrument declaratory of trusts	$104.50
39	On depositing any other instrument not specified	$104.50
40	On lodgment of an application for a statement of	$104.50
reasons under section 121 of the Act
41	For recording of any memorial or notification not	$104.50
otherwise provided for
42	On lodgment of a request for delivery of a document	$25.20
or 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)
43	For furnishing a certificate of ownership (Local	$53.00
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	$53.00
quarter-hour occupied in preparing the certificate of ownership after the first quarter-hour
In addition, for supplying each additional document	$13.90
forming part of the Register
44	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)
dealing or plan is entitled to registration, or in	as is warranted by
response to a written inquiry that necessitates any	the cost incurred in

45	In addition, for any dealing, application, request or	$104.50 for each
caveat that refers to more than 20 folios of the	group of 20 folio