Real Property (Fees) Variation Regulations 2018 (SA)
South Australia
Real Property (Fees) Variation Regulations 2018
under the Real Property Act 1886
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Real Property Regulations 2009
4 Substitution of Schedule 1
Schedule 1—Fees payable to Registrar‑General
Part 1—Preliminary
1—Short title
These regulations may be cited as the Real Property (Fees) Variation Regulations 2018.
2—Commencement
These regulations will come into operation on 1 July 2018.
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 Regulations 2009
4—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Fees payable to Registrar‑General
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
$163.00
2
For registering a transfer—
(a) where the consideration, or the value as assessed under the Stamp Duties Act 1923 (whichever is the greater)—
(i) does not exceed $5 000
$163.00
(ii) does not exceed $20 000
$182.00
(iii) does not exceed $40 000
$199.00
(iv) exceeds $40 000
$280.00
plus $82.50 for every $10 000 (or part of $10 000) above $50 000
(b) that relates to land that is qualifying land under section 105A of the Stamp Duties Act 1923 and where the value as assessed by reference to the capital value as determined by the Valuer‑General or as otherwise determined by the Commissioner of State Taxation—
(i) does not exceed $5 000
$163.00
(ii) does not exceed $20 000
$182.00
(iii) does not exceed $40 000
$199.00
(iv) exceeds $40 000
$280.00
plus $82.50 for every $10 000 (or part of $10 000) above $50 000
(c) 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
$163.00
(d) that has been assessed pursuant to sections 71CA, 71CB, 71CBA or 71CC of the Stamp Duties Act 1923
$163.00
3
On lodgment of a caveat under sections 39, 80F or 223D of the Act
$163.00
4
On lodgment of a priority notice under section 154A of the Act
$21.30
5
On lodgment of an application to extend the duration of a priority notice under section 154G of the Act
$10.60
6
On lodgment of notice of withdrawal of a priority notice under section 154E of the Act
no fee
7
For a search of the details of a priority notice
no fee
8
For the deposit, or noting the revocation, of a duplicate or attested copy of a power of attorney
$163.00
9
For the registration of an application to note a change of address
no fee
10
For entry of a foreclosure order (exclusive of the cost of advertising in the Gazette)
$271.00
11
For a certified copy of—
(a) a certificate of title under section 51A of the Act
$32.25
(b) a statement under section 51D of the Act
$32.25
12
Unless otherwise specified—
(a) (except where paragraph (b) applies) for the issue of a new certificate of title
$87.50
(b) for the issue of a new certificate of title on the amalgamation of allotments wholly within the Mount Lofty Catchment Area
no fee
13
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
14
For an application for the division of land—
(a) where deposit of the plan of division will not vest an estate or interest in land (except a street, road, thoroughfare, reserve or other similar open space that vests in a council or other authority or reverts to the Crown or an easement that will vest in an authority or entity in accordance with section 223LG of the Act) in any person
$163.00
(b) in all other cases
$403.00
Note—
Fees for the examination of the plan of division, deposit or acceptance for filing of the plan and for the issue of new certificates of title are payable under this Schedule in addition to this amount.
15
For an application for the amalgamation of allotments—
(a) for the amalgamation of allotments that are wholly within the Mount Lofty Catchment Area
no fee
(b) for any other amalgamation of allotments
$163.00
Note—
Fees for the examination of the plan of amalgamation, deposit or acceptance for filing of the plan and for the issue of new certificates of title are payable under this Schedule in addition to this amount.
16
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
$148.00
17
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)—
plus a further $482, 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 the Registrar‑General considers that appropriate in a particular case having regard to the work involved in examining the relodged or resubmitted plan.)
$963.00
(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)
$482.00
(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
$194.00
18
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
19
Unless otherwise specified, for the deposit or acceptance for filing of any plan (for freehold or Crown land)
$148.00
20
For the deposit or acceptance for filing of a plan prepared by the Registrar‑General or under the Registrar‑General's authorisation
no fee
21
For the withdrawal of any instrument, application or plan submitted for registration, deposit or acceptance for filing
$63.50
22
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
$130.00
23
For an application under section 146 of the Act (exclusive of the cost of registration of the instrument of discharge)
$213.00
24
For searching the Register Book—
(a) comprising a search statement from the Registrar‑General's unregistered document system, a copy of the certificate of title and a check search
$28.75
(b) comprising a search of the electronic records of the certificate of title, the Registrar‑General's unregistered document system and a check search, including access to the relevant plan image and all registered instruments and dealings recorded on that certificate of title
$34.50
25
For a copy—
(a) of a registered instrument
$10.60
(b) of a plan deposited or accepted for filing by the Registrar‑General
$11.40
(c) of a cancelled certificate of title
no fee
(d) of any instrument, entry, document or record not otherwise specifically provided for
$10.60
26
For requesting any of the following under the South Australian Integrated Land Information System (SAILIS):
(a) a check search of a specified certificate of title
no fee
(b) the details of a specified document
no fee
(c) the location of a specified document or plan
no fee
(d) the details of a specified plan
no fee
(e) a list of the numbers assigned to plans lodged in respect of a specified Section of land in a Hundred
no fee
(f) the details of the delivery of a specified item
no fee
(g) the details of the delivery of documents relating to—
(i) a specified agent code
no fee
(ii) a specified delivery slip
no fee
(h) the details of a specified agent code
no fee
(i) in respect of a specified document—a search of—
(i) the series in which the document was lodged; and
no fee
(ii) any other series into which the document may, subsequently, have been moved, prior to registration of the document
no fee
(j) a search of the location of, and the numbers assigned to, documents lodged in a specified series
no fee
(k) a record of all documents lodged or registered under a specified name
no fee
27
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
28
For reporting to a local government authority—
(a) a change of ownership of land (for each change of ownership reported)
$2.25
(b) a converted certificate of title (for each converted certificate of title reported)
$2.25
(c) on the subdivision of land—details of—
$2.25
(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)
29
For reporting to the South Australian Water Corporation—
(a) a change of ownership of land (for each change of ownership reported)
$2.25
(b) on the subdivision of land—details of—
$2.25
(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)
30
For providing miscellaneous reports of changes of ownership of land to government agencies (other than the South Australian Water Corporation)
no fee
31
For providing reports of Heritage Agreements to the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Heritage Places Act 1993
no fee
32
For reporting to SA Power Networks a change of ownership of land
(plus an additional fee of $4.80 for each change of ownership reported)
$34.25
33
For a copy of any of the following documents under the Bills of Sale Act 1886:
(a) a document filed under section 11A of the Bills of Sale Act 1886
$10.60
(b) a registered bill of sale or a discharge, extension or renewal of a bill of sale
$10.60
(c) any other document
$10.60
34
For a copy of a plan under the Strata Titles Act 1988 (including provision of the unit entitlement sheet)
$11.40
35
For a copy of a plan under the Community Titles Act 1996 (including provision of the lot entitlement sheet)
$11.40
36
For providing a lodgement support service suite in respect of electronic lodgement (known as LSS 1) consisting of—
$14.60
(a) supply of title data for completion of electronic document forms
(b) unlimited title activity checks
(c) unlimited lodgement verifications for lodgements which reference title
37
For providing a lodgement support service suite in respect of electronic lodgement (known as LSS 2) consisting of—
$11.40
(a) supply of title data for completion of electronic document forms
(b) unlimited lodgement verifications, for lodgements which reference title
38
For providing a lodgement support service suite in respect of electronic lodgement (known as LSS3) consisting of the resupply of title data for electronic documents forms if original data for the title has already been supplied
no fee
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 31 May 2018
No 60 of 2018
T&F18/025CS
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