Real Property Amendment (LPI Authorised Transaction) Regulation 2017 (NSW)

New South Wales

Real Property Amendment (LPI Authorised

Transaction) Regulation 2017

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.

VICTOR DOMINELLO, MP

Minister for Finance, Services and Property

Explanatory note
The object of this Regulation is to amend the Real Property Regulation 2014 as a consequence of the enactment of the Land and Property Information NSW (Authorised Transaction) Act 2016. The Regulation:

(a)	repeals provisions relating to matters that are to be dealt with under lodgment rules made under the Real Property Act 1900 (the RP Act), and
(b)	repeals provisions relating to matters that are to be dealt with under conveyancing rules made under
the RP Act (including provisions relating to reasonable steps to be taken to confirm the identity of a mortgagor under section 56C of that Act), and
(c)	makes provision for matters relating to administrative reviews of decisions by the Registrar-General, and
(d)	provides for a mechanism for the adjustment for inflation of prescribed fees under the RP Act, and
(e)	reduces certain prescribed fees so that they are expressed exclusive of GST, and
(f)	sets out a per hour or part hour amount for certain prescribed fees that previously were amounts determined by the Registrar-General.

This Regulation is made under the Real Property Act 1900, including sections 96B, 96J, 115, 115A, 116,
135D and 144 (the general regulation-making power).
Real Property Amendment (LPI Authorised Transaction)

Regulation 2017

under the

Real Property Act 1900

1      Name of Regulation

This Regulation is the Real Property Amendment (LPI Authorised Transaction)
Regulation 2017.

2      Commencement

(1)	This Regulation (subject to subclause (2)) commences on 19 May 2017 and is required to be published on the NSW legislation website.
(2)	Schedule 1 [16] to this Regulation commences on 1 July 2017.

Schedule 1 Amendment of Real Property Regulation 2014

[1]      Clause 3 Definitions

Omit clause 3 (1). Insert instead:

(1)	In this Regulation: fee unit—see Part 2 of Schedule 1. the Act means the Real Property Act 1900.
Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

[2]      Clause 4

Omit the clause. Insert instead:

4      Lodgment of dealings, caveats and priority notices

(1)	A dealing, caveat or priority notice that is intended to be lodged with the Registrar-General must be lodged in the manner approved by the Registrar-General.
(2)	Schedule 1 sets out the prescribed fees for the lodgment of dealings, caveats and priority notices.

Note. Section 3B (2) of the Act provides that a fee prescribed under this or any other Act for or in respect of the exercise of a titling and registry function is, when the function is exercised by the authorised operator, the maximum fee that is payable and the authorised operator can accept a lesser fee for or in respect of the exercise of the function.

(3) Despite subclause (2), if a dealing, caveat or priority notice is to be lodged electronically, the prescribed 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.

[3]      Clause 5 Certain instruments in paper form to comply with Schedule 2 requirements

Omit the clause.

[4]      Clause 9 Annexure of plans to dealings, caveats and priority notices

Omit “or caveat” from clause 9 (1). Insert instead “, caveat or priority notice”.

[5]      Clause 9 (2) and (3)

Omit the subclauses.

[6]      Clause 9 (4)

Omit “Schedule 6”. Insert instead “the requirements of the lodgment rules (if any)”.

[7]      Clause 10 Official searches

Omit “requisition” from clause 10 (1). Insert instead “request”.

[8]      Clause 10 (2)

Omit clause 10 (2)–(6). Insert instead:

(2) The prescribed fee for an official search is the fee set out in Schedule 1.

[9]      Clause 11 Public searches

Insert “or, where the function of responding to a search request is exercised by the authorised operator, the ordinary business hours of the authorised operator” after “holiday)” in clause 11 (a) (i).

[10]      Clause 11 (b)

Omit the paragraph. Insert instead:

(b)

the prescribed manner in which information in the Register is to be made available to an applicant is:

(i)	by providing a digital image of the document to the applicant in a form approved by the Registrar-General, or
(ii)	by furnishing a certificate to the applicant in accordance with section 96C, 96D or 96G of the Act, and

[11]      Clause 11 (c)

Omit “relevant”.

[12]      Part 4 Reasonable steps in confirming identities of mortgagors

Omit the Part.

[13]      Clause 17 Fees payable to the Registrar-General

Insert at the end of the clause:

Note. Section 3B (2) of the Act provides that a fee prescribed under this or any other Act for or in respect of the exercise of a titling and registry function is, when the function is exercised by the authorised operator, the maximum fee that is payable and the authorised operator can accept a lesser fee for or in respect of the exercise of the function.

[14]      Clause 23A

Insert after clause 23:

23A Administrative review of decisions of Registrar-General: section 121

(1)

Applications not to be made before request for internal review:
section 121 (8) (d)

A person is not entitled to make an application under section 121 of the Act in relation to a decision of the authorised operator unless:

(a)	the person has requested an internal review of the decision by the authorised operator, and
(b)	the authorised operator has notified the person of the outcome of that internal review or the person has not, within 21 days of the lodgment of that request (or such other period as the authorised operator and person agree on), been notified of the outcome of that internal review.

(2)

Application to include supporting information and evidence:
section 121 (8) (c)

An application for a review by the Registrar-General under section 121 of the Act must include all the supporting information and evidence that the applicant seeks to rely on in the review.

(3)

Notice and reasons of decisions to be given in writing

The notice of a decision on a review under section 121 of the Act, and the reasons for the decision, must be given by the Registrar-General to the persons referred to in section 121 (6) of the Act in writing.

[15]      Schedule 1 Fees

Insert at the end of the Schedule:

39 On an application for a review by the Registrar-General of $277.00

a decision pursuant to section 121 of the Act

[16]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clauses 4, 10, 11 and 17)

Note. Section 3B (2) of the Act provides that a fee prescribed under this or any other Act for or in respect of the exercise of a titling and registry function is, when the function is exercised by the authorised operator, the maximum fee that is payable and the authorised operator can accept a lesser fee for or in respect of the exercise of the function.

Part 1 Fees payable during 2017/2018 financial year

The fees prescribed by this Part are exclusive of GST.

Item Matter for which fee payable Fee (in fee units)

Advertisements

1	On advertisement, pursuant to section 12 (1) (h1) of the	The cost incurred in
Act, of the intended exercise or performance of any	publishing the
power, authority, duty or function conferred or imposed	advertisement
on the Registrar-General by the Act

Production of documents

2	For each Crown grant, certificate of title or other	0.3888
document produced once for the purpose of the subsequent lodgment of any application, request, dealing or plan
3	For each Crown grant, certificate of title or other	0.7777
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

4	On lodgment of an application, request or dealing for	1.2655
which no fee is otherwise specifically provided
5	On lodgment of a primary application to bring land under	18.9786
the Act pursuant to section 14 of the Act
6	On lodgment of a resumption application to bring land	3.4254
under the Act pursuant to section 31A of the Act
Item	Matter for which fee payable	Fee (in fee units)
7	In addition to any other item, on lodgment of an	1.2618
land arising from the closing of a public road under the
application (other than an application to dispose of Crown in making, altering or removing more than 1 recording— for each additional recording
8	On lodgment of an application to dispose of Crown land	2.5237
arising from the closing of a public road under the Roads Act 1993, regardless of how many recordings will ensue
9	On lodgment of an application or request for amendment	1.2655
of a folio of the Register, Crown grant or certificate of title
10	On lodgment of an application for the determination	1.2655
under Part 14A of the Act of the position of the common boundary of adjoining lands
11	For every sketch or diagram accompanying an	1.2618
application, request or dealing
12	In addition to any other item, for the creation of a	1.2618
certificate of title on any application, request or dealing (other than pursuant to section 111 of the Act)—for each certificate
Caveats
13	On lodgment or recording of a caveat	1.2655
14	On withdrawal or partial withdrawal of a caveat pursuant	1.2655
to section 74M (1) of the Act
15	On lodgment of a request for withdrawal or partial	1.2655
payable for withdrawal or partial withdrawal of a
withdrawal of a Registrar-General’s caveat (no fee is registration of a dealing)
16	On lodgment of a request for the Registrar-General to	1.2655
direct the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act
17	On lodgment of an application for preparation of a notice	1.2655
for service on a caveator pursuant to section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act
18	On lodgment of a notice of a change of name of a caveator	1.2655
or of the address for service of a notice on a caveator

Priority notices

19	On lodgment of a priority notice pursuant to section 74T	0.3442
of the Act
20	On lodgment of an application for an extension of a	0.1426
priority notice pursuant to section 74V of the Act
21	On withdrawal of a priority notice pursuant to section 74X	0.1426
of the Act

Certificates of title

22	On lodgment of an application for a new certificate of title	1.2655
under section 111 of the Act
Item	Matter for which fee payable	Fee (in fee units)

Authentication of forms

23	In addition to any other item, for examination and	1.2618
authentication of any dealing, 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

Searches and digital images

24                    For providing a certificate under Part 11A of the Act:

(a)	to a person attending at an office	0.1296
(b)	by electronic means	0.0867

25                    For supplying a digital image of a document under Part 11A of the Act:

(a)	to a person attending at an office	0.1296
(b)	by electronic means	0.0867

26

On lodgment of an application for a certified copy of a 1.2618

folio, dealing, record or instrument comprising part of the
Register—for each copy

27

For a request for a search of the Register by the 3.4254

Registrar-General—for the initial search of the Register, including investigation as to title reference, a copy of the relevant folio and delivery fee

28

In addition to item 27, for inclusion in the search of any 0.1296

additional document forming part of the Register—for
each document

29

In the case of a request for aggregated data or other	2.3144 per hour or part
information from the Register that, in the opinion of the	hour spent in carrying
Registrar-General, is a search for which the above	out the search

schedule of fees is not appropriate

Reports

30

For supplying a Lease Folio Data Extract Report or a Lease Folio Caveats, Writs and Other Dealings Report:

(a)	to a person attending at an office	0.3129
(b)	by electronic means	0.3129

Lodgment support services (LSS) for electronic conveyancing

31                    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 0.1300

“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	0.0867
“LSS 2”) 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 (in fee units)

(c)	the lodgment support service (known as “LSS 3”)	0.0434
comprising supply of updated title data following changes in title data initially supplied

32	For a requisition sent by the Registrar-General requiring	0.4629
correction, re-execution or the supply of additional information in support of a dealing, application, request or caveat lodged for registration or recording

Miscellaneous

33	On depositing an instrument declaratory of trusts	1.2618
34	On depositing any other instrument not specified	1.2618
35	For recording of any memorial or notification not	1.2618
otherwise provided for
36	On lodgment of a request for delivery of a document or	0.3129
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)
37	For furnishing a certificate of ownership (Local	1.2618
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
38	In addition to item 37, for supplying each additional	0.1296
document forming part of the Register
39	In addition to any other item, for any dealing, application,	1.2618
request or caveat that refers to more than 20 folios of the Register
40	On an application for a review by the Registrar-General of	2.7700
a decision pursuant to section 121 of the Act
Part 2	Adjustment of fees for inflation

1      Calculation of fee unit for purposes of Regulation

(1)  For the purposes of this Regulation, a fee unit is:

(a)	in the financial year 2017/2018—$100, and
(b)	in each subsequent financial year—the amount calculated as follows:
$100 A  ----

B

where:
A is the CPI number for the March quarter in the financial year
immediately preceding the financial year for which the amount is
calculated.

B is the CPI number for the March quarter of 2017.

(2)	The amount of a fee unit and the amount of a fee calculated by reference to a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).
(3)	However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.
(4)	As soon as practicable after the CPI number for the March quarter is first published by the Australian Statistician, the Registrar-General is required to publish on the NSW legislation website a notice of the amount of the fee unit for the next financial year. That notice may be published by the addition of an editorial note relating to the amount of the fee unit in the in force version of this Regulation published on the NSW legislation website.
(5)	The Registrar-General is also required to give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of fee unit calculated under this clause.
(6)	This clause operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the publication of a notice by the Registrar-General under this clause.
(7)	In this clause: CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index. financial year means a period of 12 months commencing on 1 July.

[17]      Schedule 2 Requirements for certain instruments

Omit the Schedule.

[18]      Schedule 5 Requirements for plans annexed to dealings (other than leases of premises) or caveats

Omit the Schedule.

[19]      Schedule 6 Requirements for plans annexed to leases of premises

Omit the Schedule.