Real Property Amendment (Fees) Regulation 2015 (NSW)

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New South Wales

Real Property Amendment (Fees) Regulation

2015

under the

Real Property Act 1900

His 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, Services and Property

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 2015

under the

Real Property Act 1900

1 Name of Regulation
This Regulation is the Real Property Amendment (Fees) Regulation 2015.

2 Commencement
This Regulation commences on 1 July 2015 and is required to be published on the
NSW legislation website.

Schedule 1

Amendment of Real Property Regulation 2014

Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clauses 4, 10, 11 and 17)

Item Matter for which fee payable Fee
Copies
1 On lodgment of an application for a certified copy of a $109.50
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 $14.00
Property Information Division, Department of
Finance, Services and Innovation
(b) by electronic means to any agent licensed by the $7.53
Land and Property Information Division,
Department of Finance, Services and Innovation

(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 Such reasonable fee
the custody of the Registrar-General, other than a certified (determined by the
copy or a copy available to any person attending an office Registrar-General) as is
of the Land and Property Information Division, warranted by the work
Department of Finance, Services and Innovation involved in preparing the
copy
Advertisements

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

Registrar-General by the Act

warranted by the cost incurred in publishing the advertisement
Production of documents

5 For each Crown grant, certificate of title or other document $42.00
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 $84.00
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 $1,421.00
the Act pursuant to section 14 of the Act
8 On lodgment of a resumption application to bring land $225.00
under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a quarter-hour $55.00
in excess of the first hour occupied in examining the
application
9 On lodgment of an application under section 45D of the $109.50

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 quarter-hour $55.00
occupied in examining the application
10 On lodgment of a transfer by way of discharge of mortgage $109.50
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 of a $109.50
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 $109.50
changes the tenancy of co-tenants without altering their
shares
13 On lodgment of a dealing to transfer the ownership of an $219.00
estate in land pursuant to section 46 of the Act
14 On lodgment of an application (other than an application to $109.50

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 $219.00

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 of $109.50
a folio of the Register, Crown grant or certificate of title
17 On lodgment of an application to record in the Register an $109.50
appurtenant easement created by a deed
In addition, for each quarter-hour or part of a quarter-hour $55.00
occupied in processing the application
18 On lodgment of an application under section 81A of the $109.50
Act for the extinguishment of a restrictive covenant
In addition:

(a) for each quarter-hour or part of a quarter-hour $55.00
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

Item Matter for which fee payable Fee
19 On lodgment of an application under section 49 of the Act $109.50
for the cancellation of an easement that has been
abandoned or extinguished
In addition, for each quarter-hour or part of a quarter-hour $55.00
occupied in examining the application
20 On lodgment of an application for the determination under $109.50

Part 14A of the Act of the position of the common boundary of adjoining lands
21 For every plan, sketch or diagram accompanying an $109.50
application, request or dealing
22 For the creation of a certificate of title on any application, $109.50
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 $109.50
which no fee is otherwise provided
Caveats
24 On lodgment or recording of a caveat $109.50
25 On withdrawal or partial withdrawal of a caveat pursuant $109.50
to section 74M (1) of the Act
26 On lodgment of a request for withdrawal or partial $109.50

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 $109.50
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 notice $109.50
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 caveator $109.50
or of the address for service of a notice on a caveator
Authentication of forms

30 For examination and authentication of any dealing, $109.50

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 $220.00

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 quarter-hour $55.00
occupied in the search after the first hour
Item Matter for which fee payable Fee
Public searches

32 On the lodgment of a requisition requiring dispatch of $55.00

information by post, facsimile or other means approved by the Registrar-General—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 quarter-hour $55.00
occupied in the search after the first quarter-hour
In addition, for inclusion in the initial search of any $14.00
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 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 schedule negotiation with the
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 title $219.00
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 and $42.00
Property Information Division, Department of
Finance, Services and Innovation
(b) by electronic means to any agent licensed by the $30.12
Land and Property Information Division,
Department of Finance, Services and Innovation
(c) by electronic means to any person via the website of $35.29
the Land and Property Information Division,
Department of Finance, Services and Innovation
36 For supplying a Lease Folio Caveats, Writs and Other Dealings Report:

(a) to any person attending an office of the Land and $28.00
Property Information Division, Department of
Finance, Services and Innovation

(b) by electronic means to any agent licensed by the $15.06
Land and Property Information Division,
Department of Finance, Services and Innovation
(c) by electronic means to any person via the website of $20.23
the Land and Property Information Division,
Department of Finance, Services and Innovation

Item Matter for which fee payable Fee
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 $11.30
“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 as $7.53

“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”) $3.77
comprising supply of updated title data following
changes in title data initially supplied

Miscellaneous

38 On depositing an instrument declaratory of trusts $109.50
39 On depositing any other instrument not specified $109.50
40 On lodgment of an application for a statement of reasons $109.50
under section 121 of the Act
41 For recording of any memorial or notification not $109.50
otherwise provided for
42 On lodgment of a request for delivery of a document or $26.40
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 $55.00
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 quarter-hour $55.00
occupied in preparing the certificate of ownership after the
first quarter-hour
In addition, for supplying each additional document $14.00
forming part of the Register
44 For supplying information in response to a written inquiry Such reasonable fee
as to the manner in which a proposed dealing or plan (determined by the
should be drawn, or as to whether a proposed dealing or Registrar-General) as is
plan is entitled to registration, or in response to a written warranted by the cost
inquiry that necessitates any searching or investigation incurred in supplying the information, searching or investigating
45 In addition, for any dealing, application, request or caveat $109.50 for each group
that refers to more than 20 folios of the Register of 20 folio references or
part of that number

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Real Property Amendment (Fees) Regulation 2015 (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	$109.50
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	$14.00
Property Information Division, Department of Finance, Services and Innovation
(b)	by electronic means to any agent licensed by the	$7.53
Land and Property Information Division, Department of Finance, Services and Innovation
(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	Such reasonable fee
the custody of the Registrar-General, other than a certified	(determined by the
copy or a copy available to any person attending an office	Registrar-General) as is
of the Land and Property Information Division,	warranted by the work
Department of Finance, Services and Innovation	involved in preparing the copy

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

5	For each Crown grant, certificate of title or other document	$42.00
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	$84.00
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	$1,421.00
the Act pursuant to section 14 of the Act
8	On lodgment of a resumption application to bring land	$225.00
under the Act pursuant to section 31A of the Act
In addition, for each quarter-hour or part of a quarter-hour	$55.00
in excess of the first hour occupied in examining the application
9	On lodgment of an application under section 45D of the	$109.50
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 quarter-hour	$55.00
occupied in examining the application
10	On lodgment of a transfer by way of discharge of mortgage	$109.50
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 of a	$109.50
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	$109.50
changes the tenancy of co-tenants without altering their shares
13	On lodgment of a dealing to transfer the ownership of an	$219.00
estate in land pursuant to section 46 of the Act
14	On lodgment of an application (other than an application to	$109.50
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	$219.00
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 of	$109.50
a folio of the Register, Crown grant or certificate of title
17	On lodgment of an application to record in the Register an	$109.50
appurtenant easement created by a deed
In addition, for each quarter-hour or part of a quarter-hour	$55.00
occupied in processing the application
18	On lodgment of an application under section 81A of the	$109.50
Act for the extinguishment of a restrictive covenant In addition:

(a)	for each quarter-hour or part of a quarter-hour	$55.00
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

30	For examination and authentication of any dealing,	$109.50
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	$220.00
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 quarter-hour	$55.00
occupied in the search after the first hour
Item	Matter for which fee payable	Fee

32	On the lodgment of a requisition requiring dispatch of	$55.00
information by post, facsimile or other means approved by the Registrar-General—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 quarter-hour	$55.00
occupied in the search after the first quarter-hour
In addition, for inclusion in the initial search of any	$14.00
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 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 schedule	negotiation with the
of fees is not appropriate	requesting party) as is warranted by the cost incurred in carrying out the search

34	On lodgment of an application for a new certificate of title	$219.00
under section 111 of the Act
Reports
35	For supplying a Lease Folio Data Extract Report:

(b)	by electronic means to any agent licensed by the	$15.06
Land and Property Information Division, Department of Finance, Services and Innovation
(c)	by electronic means to any person via the website of	$20.23
the Land and Property Information Division, Department of Finance, Services and Innovation

(b)	the suite of lodgment support services (known as	$7.53
“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”)	$3.77
comprising supply of updated title data following changes in title data initially supplied

38	On depositing an instrument declaratory of trusts	$109.50
39	On depositing any other instrument not specified	$109.50
40	On lodgment of an application for a statement of reasons	$109.50
under section 121 of the Act
41	For recording of any memorial or notification not	$109.50
otherwise provided for
42	On lodgment of a request for delivery of a document or	$26.40
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	$55.00
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 quarter-hour	$55.00
occupied in preparing the certificate of ownership after the first quarter-hour
In addition, for supplying each additional document	$14.00
forming part of the Register
44	For supplying information in response to a written inquiry	Such reasonable fee
as to the manner in which a proposed dealing or plan	(determined by the
should be drawn, or as to whether a proposed dealing or	Registrar-General) as is
plan is entitled to registration, or in response to a written	warranted by the cost
inquiry that necessitates any searching or investigation	incurred in supplying the information, searching or investigating
45	In addition, for any dealing, application, request or caveat	$109.50 for each group
that refers to more than 20 folios of the Register	of 20 folio references or part of that number