Real Property (Fees) Variation Regulations 2004 (SA)
South Australia
Real Property (Fees) Variation Regulations 2004
under the Real Property Act 1886
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Real Property (Fees) Regulations 2002
Substitution of Schedule
Schedule—Fees
Part 1—Preliminary
1—Short title
These regulations may be cited as the Real Property (Fees) Variation Regulations 2004.
2—Commencement
These regulations will come into operation on 1 July 2004.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Real Property (Fees) Regulations 2002
4—Substitution of Schedule
Schedule—delete the Schedule and substitute:
Schedule—Fees
1
For the registration or entry of each instrument (irrespective of the number of folios to be endorsed)—other than any registration or entry specifically provided for
$98
2
For registering a transfer—
(a) where the consideration, or the value as assessed under the Stamp Duties Act 1923—
(i) does not exceed $5 000
$98
(ii) does not exceed $20 000
$109
(iii) does not exceed $40 000
$121
(iv) exceeds $40 000
$174
plus $54 for every $10 000 (or part of $10 000) above $50 000
(b) where the Commissioner of State Taxation has adjudged the transfer to be exempt from stamp duty or where no ad valorem stamp duty is payable (except for those transfers assessed pursuant to s 71C of the Stamp Duties Act 1923)
$98
(c) that has been assessed pursuant to s 71CA, 71CB or 71CC of the Stamp Duties Act 1923
$98
3
On lodgment of a caveat under s 39, 80F or 223D of the Act
$98
4
For the deposit, or noting the revocation, of a duplicate or attested copy of a power of attorney
$98
5
For an application for the issue of a substituted lessee's copy of a Crown lease or duplicate certificate of title (exclusive of the cost of advertising in the Gazette)
$98
6
For the registration of an application to note a change of address
no fee
7
For entry of a foreclosure order (exclusive of the cost of advertising in the Gazette)
$169
8
For a certified copy of—
(a) an original certificate of title under s 51A of the Act
$17.40
(b) a statement under s 51D of the Act
$17.40
9
Unless otherwise specified—
(a) (except where paragraph (b) applies) for the issue of a new certificate of title or a substituted lessee's copy of a Crown lease or duplicate certificate of title
$57.50
(b) for the issue of a new certificate of title on the amalgamation of allotments wholly within the Mount Lofty Catchment Area
no fee
10
For the issue of a certificate of title—
(a) (limited or ordinary) on the land first being brought under the Act
no fee
(b) to a corporation or district council for a road, street or reserve
no fee
(c) to effect correction or amendment of title or for the convenience of the Lands Titles Registration Office in effecting registration or redesignation
no fee
(d) under Part 5 Division 2 of the Act (but only if the volume and folio numbers remain the same and the title is not issued to replace one that has been lost or destroyed)
no fee
11
For a new certificate of title issued as a result of the existing title being full of endorsements
no fee
12
For the deposit or acceptance for filing by the Registrar-General—
(a) of a plan of amalgamation of allotments wholly within the Mount Lofty Catchment Area
no fee
(b) of any other plan
$98
13
Unless otherwise specified, for the examination—
(a) of a plan of survey certified correct by a licensed surveyor and lodged with or submitted to the Registrar-General (for freehold or Crown land)—
$636
plus a further $317, payable by the surveyor, if the plan is relodged or resubmitted following rejection by the Registrar-General (However, the Registrar-General may waive or reduce the further fee if he or she considers that appropriate in a particular case having regard to the work involved in examining the relodged or resubmitted plan.)
(b) of an uncertified data plan (except a plan of a kind referred to in paragraph (c)) lodged with or submitted to the Registrar-General (for freehold or Crown land)
$317
(c) of an uncertified data plan lodged with or submitted to the Registrar-General for the amalgamation of allotments wholly within the Mount Lofty Catchment Area
no fee
(d) of a plan lodged with or submitted to the Registrar-General for the purposes of a lease of part of an allotment
$129
14
For the examination—
(a) of a plan of survey certified correct by a licensed surveyor and lodged with the Registrar-General for information purposes only
no fee
(b) of an uncertified data plan lodged with the Registrar-General for information purposes only
no fee
(c) of a plan of survey certified by a licensed surveyor and lodged with the Registrar-General by the Surveyor-General
no fee
(d) of plans submitted under the Roads (Opening and Closing) Act 1991
no fee
15
Unless otherwise specified, for the deposit or acceptance for filing of any plan (for freehold or Crown land)
$98
16
For the deposit or acceptance for filing of a plan prepared by the Registrar-General or under the Registrar-General's authorisation
no fee
17
For the withdrawal of any instrument, application or plan submitted for registration, deposit or acceptance for filing
$41.50
18
For the withdrawal of any plan of survey certified correct by a licensed surveyor and lodged with or submitted to the Registrar-General for examination
$85.50
19
For an application to the Registrar-General to issue a summons under s 220(3) of the Act
$140
20
For an application under s. 146 of the Act (exclusive of the cost of registration of the instrument of discharge)
$140
21
For searching the Register Book—
(a) comprising a search statement from the Registrar-General's unregistered document system, a copy of the original certificate of title and a check search
$15.10
(b) comprising a search of the electronic records of the original certificate of title, the Registrar-General's unregistered document system and a check search (including the transmission fee)
$15.10
22
For a copy—
(a) of a registered instrument
$6.45
(b) of a plan deposited or accepted for filing by the Registrar-General
$6.45
(c) of a cancelled original certificate of title
$6.45
(d) of any instrument, entry, document or record not otherwise specifically provided for
$6.45
23
For requesting any of the following under the Automated Registration Indexing and Enquiry System (ARIES):
(a) a check search of a specified certificate of title
no fee
(b) the details of a specified document
$5.40
(c) a search of the numbers assigned to documents associated with a specified instrument
$5.40
(d) the location of a specified document or plan
no fee
(e) the details of a specified plan
$5.40
(f) a list of the numbers assigned to plans lodged in respect of a specified Section of land in a Hundred
$5.40
(g) the details of the delivery of a specified item
no fee
(h) the details of the delivery of documents relating to—
(i) a specified agent code
no fee
(ii) a specified delivery slip
no fee
(i) the details of a specified agent code
no fee
(j) in respect of a specified document—a search of—
(i) the series in which the document was lodged; and
(ii) any other series into which the document may, subsequently, have been moved, prior to registration of the document
no fee
(k) a search of the location of, and the numbers assigned to, documents lodged in a specified series
no fee
(l) a search to ascertain the name of the registered proprietor of specified land prior to ordering a search of the Register Book
no fee
(m) a record of all documents lodged or registered under a specified name
$5.40
24
For requesting a search under the Torrens Automated Title System (TATS)
no fee
25
For the return of a cancelled duplicate certificate of title
$22.50
26
For advertising in the Gazette—
(a) an application for a foreclosure
no fee
(b) an application under Part 4 of the Act
no fee
(c) an application under Part 7A of the Act
no fee
27
For reporting to a local government authority—
(a) a change of ownership of land (for each change of ownership reported)
$1.45
(b) a converted certificate of title (for each converted certificate of title reported)
$1.45
(c) on the subdivision of land—details of—
(i) cancelled certificates of title; and
(ii) newly created parcels of land and new certificates of title issued in respect of those parcels; and
(iii) the valuation assessment for each new certificate of title issued,
(for each valuation assessment reported)
$1.45
28
For reporting to the South Australian Water Corporation—
(a) a change of ownership of land (for each change of ownership reported)
$1.45
(b) on the subdivision of land—details of—
(i) cancelled certificates of title; and
(ii) newly created parcels and new certificates of title issued in respect of those parcels,
(for each new certificate of title reported)
$1.45
29
For providing miscellaneous reports of changes of ownership of land to government agencies (other than the South Australian Water Corporation)
no fee
30
For providing reports of Heritage Agreements to the Department for Environment and Heritage
no fee
31
For reporting to ETSA Utilities a change of ownership of land
$22.50
(plus an additional fee of $3.15 for each change of ownership reported)
32
For a copy of any of the following documents under the Bills of Sale Act 1886:
(a) a registered Bill of Sale or a discharge, extension or renewal of a Bill of Sale
$6.45
(b) any other document
$6.45
33
For a copy of a plan under the Strata Titles Act 1988
$6.45
34
For a copy of a plan under the Community Titles Act 1996
$6.45
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 27 May 2004
No 44 of 2004
AGO0127/04CS
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