Real Property Amendment (Fees) Regulation 2014 (NSW)

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New South Wales

Real Property Amendment (Fees) Regulation

2014

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.

DOMINIC PERROTTET, MP

Minister for Finance and Services

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 96B (1), 96J (a), 115 (1),
115A (1), 116, 135D (1) (c) and 144 (the general regulation-making power).
Real Property Amendment (Fees) Regulation 2014

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees) Regulation 2014.

2 Commencement
This Regulation commences on 1 July 2014 and is required to be published on the
NSW legislation website.

Schedule 1

Amendment of Real Property Regulation 2008

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 a registered $107.00
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 Property $14.00
Information Division, Office of Finance and Services
(b) by electronic means to any agent licensed by the Land and $7.35
Property Information Division, Office 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 document in the Such reasonable fee
custody of the Registrar-General, other than a certified copy or a (determined by the
copy available to any person attending an office of the Land and Registrar-General) as
Property Information Division, Office of Finance and Services is warranted by the
work involved in
preparing the copy
Advertisements

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

5 For each Crown grant, certificate of title or other document $41.00
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 document $82.00
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

Item Matter for which fee payable Fee
Applications, requests and dealings

7 On lodgment of a primary application to bring land under the Act $1,387.00
pursuant to section 14 of the Act

8 On lodgment of a resumption application to bring land under the $220.00
Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a quarter-hour in $54.00
excess of the first hour occupied in examining the application
9 On lodgment of an application under section 45D of the Act by a $107.00
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 quarter-hour $54.00
occupied in examining the application
10 On lodgment of a transfer by way of discharge of mortgage where $107.00
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 of a $107.00
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 that changes $107.00
the tenancy of co-tenants without altering their shares
13 On lodgment of a dealing to transfer the ownership of an estate in $214.00
land pursuant to section 46 of the Act
14 On lodgment of an application (other than an application to $107.00

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 arising $214.00
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 of a folio $107.00
of the Register, Crown grant or certificate of title
17 On lodgment of an application to record in the Register an $107.00
appurtenant easement created by a deed
In addition, for each quarter-hour or part of a quarter-hour $54.00
occupied in processing the application
18 On lodgment of an application under section 81A of the Act for $107.00
the extinguishment of a restrictive covenant
In addition:

(a) for each quarter-hour or part of a quarter-hour occupied in $54.00
examining the application

(b) for the Registrar-General’s costs of giving notice under Such reasonable fee
section 81D of the Act by way of registered post (determined by the
Registrar-General) as
is warranted by the
cost incurred in
posting the notice

Item Matter for which fee payable Fee

19 On lodgment of an application under section 49 of the Act for the $107.00
cancellation of an easement that has been abandoned or
extinguished
In addition, for each quarter-hour or part of a quarter-hour $54.00
occupied in examining the application
20 On lodgment of an application for the determination under $107.00

Part 14A of the Act of the position of the common boundary of adjoining lands
21 For every plan, sketch or diagram accompanying an application, $107.00
request or dealing
22 For the creation of a certificate of title on any application, request $107.00
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 which no fee $107.00
is otherwise provided
Caveats
24 On lodgment or recording of a caveat $107.00
25 On withdrawal or partial withdrawal of a caveat pursuant to $107.00
section 74M (1) of the Act
26 On lodgment of a request for withdrawal or partial withdrawal of $107.00

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 direct the $107.00
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 for $107.00
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 caveator or of $107.00
the address for service of a notice on a caveator
Authentication of forms

30 For examination and authentication of any dealing, application, $107.00
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 Register $216.00
(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 quarter-hour $54.00
occupied in the search after the first hour
Public searches

32 On the lodgment of a requisition requiring dispatch of information $54.00
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

Item Matter for which fee payable Fee

In addition, for each quarter-hour or part of a quarter-hour $54.00
occupied in the search after the first quarter-hour
In addition, for inclusion in the initial search of any additional $14.00
document forming part of the Register (per document)

Searches generally

33 In the case of a requisition for an official search of a manual folio, Such reasonable fee
a computer folio certificate or a search of a historical record that, (determined by the
in the opinion of the Registrar-General, is a search for which the Registrar-General in

above schedule of fees is not appropriate negotiation with the
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 title under $214.00
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 and Property $42.00
Information Division, Office of Finance and Services
(b) by electronic means to any agent licensed by the Land and $29.40
Property Information Division, Office of Finance and
Services
(c) by electronic means to any person via the website of the $34.45
Land and Property Information Division, Office 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 and Property $28.00
Information Division, Office of Finance and Services

(b) by electronic means to any agent licensed by the Land and $14.70
Property Information Division, Office of Finance and
Services
(c) by electronic means to any person via the website of the $19.75
Land and Property Information Division, Office 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 as “LSS 1”) $11.03
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 as “LSS 2”) $7.35
comprising initial supply of title data and verifications that
documents are in an appropriate form for electronic
lodgment

Item Matter for which fee payable Fee

(c) the lodgment support service (known as “LSS 3”) $3.68
comprising supply of updated title data following changes
in title data initially supplied

Miscellaneous

38 On depositing an instrument declaratory of trusts $107.00
39 On depositing any other instrument not specified $107.00
40 On lodgment of an application for a statement of reasons under $107.00
section 121 of the Act
41 For recording of any memorial or notification not otherwise $107.00
provided for
42 On lodgment of a request for delivery of a document or documents $25.80
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 Government Act $54.00

1993—section 700 (2) or Environmental Planning and information as to subsisting encumbrances or interests
In addition, for each quarter-hour or part of a quarter-hour $54.00
occupied in preparing the certificate of ownership after the first
quarter-hour
In addition, for supplying each additional document forming part $14.00
of the Register

44 For supplying information in response to a written inquiry as to Such reasonable fee
the manner in which a proposed dealing or plan should be drawn, (determined by the
or as to whether a proposed dealing or plan is entitled to Registrar-General) as
registration, or in response to a written inquiry that necessitates is warranted by the

any searching or investigation cost incurred in
supplying the
information, searching
or investigating

45 In addition, for any dealing, application, request or caveat that $107.00 for each

refers to more than 20 folios of the Register group of 20 folio
references or part of
that number

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Real Property Amendment (Fees) Regulation 2014 (NSW)

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Item	Matter for which fee payable	Fee
Copies
1	On lodgment of an application for a certified copy of a registered	$107.00
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 Property	$14.00
Information Division, Office of Finance and Services
(b)	by electronic means to any agent licensed by the Land and	$7.35
Property Information Division, Office 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 document in the	Such reasonable fee
custody of the Registrar-General, other than a certified copy or a	(determined by the
copy available to any person attending an office of the Land and	Registrar-General) as
Property Information Division, Office of Finance and Services	is warranted by the work involved in preparing the copy

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

5	For each Crown grant, certificate of title or other document	$41.00
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 document	$82.00
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
Item	Matter for which fee payable	Fee

7	On lodgment of a primary application to bring land under the Act	$1,387.00
pursuant to section 14 of the Act
8	On lodgment of a resumption application to bring land under the	$220.00
Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a quarter-hour in	$54.00
excess of the first hour occupied in examining the application
9	On lodgment of an application under section 45D of the Act by a	$107.00
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 quarter-hour	$54.00
occupied in examining the application
10	On lodgment of a transfer by way of discharge of mortgage where	$107.00
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 of a	$107.00
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 that changes	$107.00
the tenancy of co-tenants without altering their shares
13	On lodgment of a dealing to transfer the ownership of an estate in	$214.00
land pursuant to section 46 of the Act
14	On lodgment of an application (other than an application to	$107.00
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 arising	$214.00
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 of a folio	$107.00
of the Register, Crown grant or certificate of title
17	On lodgment of an application to record in the Register an	$107.00
appurtenant easement created by a deed
In addition, for each quarter-hour or part of a quarter-hour	$54.00
occupied in processing the application
18	On lodgment of an application under section 81A of the Act for	$107.00
the extinguishment of a restrictive covenant In addition:

(a)	for each quarter-hour or part of a quarter-hour occupied in	$54.00
examining the application
(b)	for the Registrar-General’s costs of giving notice under	Such reasonable fee
section 81D of the Act by way of registered post	(determined by the Registrar-General) as is warranted by the cost incurred in posting the notice

30	For examination and authentication of any dealing, application,	$107.00
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 Register	$216.00
(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 quarter-hour	$54.00
occupied in the search after the first hour

32	On the lodgment of a requisition requiring dispatch of information	$54.00
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
Item	Matter for which fee payable	Fee

In addition, for each quarter-hour or part of a quarter-hour	$54.00
occupied in the search after the first quarter-hour
In addition, for inclusion in the initial search of any additional	$14.00
document forming part of the Register (per document)

33	In the case of a requisition for an official search of a manual folio,	Such reasonable fee
a computer folio certificate or a search of a historical record that,	(determined by the
in the opinion of the Registrar-General, is a search for which the	Registrar-General in

34	On lodgment of an application for a new certificate of title under	$214.00
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 and Property	$42.00
Information Division, Office of Finance and Services
(b)	by electronic means to any agent licensed by the Land and	$29.40
Property Information Division, Office of Finance and Services
(c)	by electronic means to any person via the website of the	$34.45
Land and Property Information Division, Office of Finance and Services

(b)	by electronic means to any agent licensed by the Land and	$14.70
Property Information Division, Office of Finance and Services
(c)	by electronic means to any person via the website of the	$19.75
Land and Property Information Division, Office of Finance and Services

(b)	the suite of lodgment support services (known as “LSS 2”)	$7.35
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”)	$3.68
comprising supply of updated title data following changes in title data initially supplied

38	On depositing an instrument declaratory of trusts	$107.00
39	On depositing any other instrument not specified	$107.00
40	On lodgment of an application for a statement of reasons under	$107.00
section 121 of the Act
41	For recording of any memorial or notification not otherwise	$107.00
provided for
42	On lodgment of a request for delivery of a document or documents	$25.80
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 Government Act	$54.00
1993—section 700 (2) or Environmental Planning and information as to subsisting encumbrances or interests
In addition, for each quarter-hour or part of a quarter-hour	$54.00
occupied in preparing the certificate of ownership after the first quarter-hour
In addition, for supplying each additional document forming part	$14.00
of the Register
44	For supplying information in response to a written inquiry as to	Such reasonable fee
the manner in which a proposed dealing or plan should be drawn,	(determined by the
or as to whether a proposed dealing or plan is entitled to	Registrar-General) as
registration, or in response to a written inquiry that necessitates	is warranted by the