Registration and Related Fees Act 2001 (TAS)

Registration and Related Fees Act 2001

An Act to amend the Conveyancing and Law of Property Act 1884 , Land Titles Act 1980 , Powers of Attorney Act 2000 , Registration of Deeds Act 1935 and Strata Titles Act 1998 in relation to fees, to remove doubt as to the validity of fees previously prescribed under those Acts and for related purposes

[Royal Assent 5 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Registration and Related Fees Act 2001 . 2CommencementThis Act commences on 1 January 2002. PART 2Conveyancing and Law of Property Act 1884 Amended3Principal ActIn this Part, the Conveyancing and Law of Property Act 1884 is referred to as the Principal Act. 4Section 84H amended (Supplementary provisions as to applications for orders) Section 84H(3) of the Principal Act is amended by omitting paragraph (b) . 5Section 91B amended (Regulations) Section 91B of the Principal Act is amended by omitting subsection (2) . 6Sections 91C and 91D insertedAfter section 91B of the Principal Act , the following sections are inserted in Part XVI: 91CPrescribed fees (1)  The fees prescribed in Schedule 9 are payable under this Act for the matters to which they respectively relate. (2) Subsections (2) and (3) of section 169E of the Land Titles Act 1980 have the same application to the payment of a prescribed fee under this Act as they have to the payment of a prescribed fee under that Act. 91DValidation No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001 is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed. 7Schedule 9 insertedAfter Schedule 8 to the Principal Act , the following Schedule is inserted: Schedule 9Prescribed fees

Section 91C

Item	Matter for which fee is payable	Fee $
1.	Lodgment of application under section 84B , 84C or 84D	90.50
2.	Supply of proof under section 90DA	90.50
3.	Lodgment of any other instrument or application under this Act	90.50

PART 3Land Titles Act 1980 Amended8Principal ActIn this Part, the Land Titles Act 1980 is referred to as the Principal Act. 9Section 143G amended (Giving of notice) Section 143G of the Principal Act is amended as follows: (a) by omitting from subsection (2) "stratum plan" and substituting "strata plan"; (b) by omitting from subsection (3) "stratum plan" and substituting "strata plan". 10Section 169E substituted Section 169E of the Principal Act is repealed and the following sections are substituted: 169EPrescribed fees (1)  The fees prescribed in Schedule 3 are payable under this Act for the matters to which they respectively relate. (2)  A prescribed fee – (a) is to be paid to the Recorder or an agent appointed by the Recorder; and (b) may be paid in any manner approved by the Recorder. (3)  A person may, if so authorised by the Recorder or an agent appointed by the Recorder for the purpose, pay a prescribed fee after the transaction to which it relates. 169FValidation No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001 is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed. 11Section 170 amended (Regulations) Section 170(2) of the Principal Act is amended by omitting paragraphs (f) , (g) and (h) . 12Schedule 3 insertedAfter Schedule 2 to the Principal Act , the following Schedule is inserted: Schedule 3Prescribed fees

Section 169E

Item	Matter for which fee is payable	Fee $
(1) Applications, caveats and dealings
1.	Lodgment of a dealing, instrument or withdrawal of caveat, request or application (other than an application made by a person for a change of name following a change in the person’s family status) or making an entry or entering a memorial or notification for which a fee is not otherwise prescribed	85.50
2.	Lodgment for registration of a memorandum of transfer	131.00
3.	Lodgment of a caveat, discharge of mortgage or discharge of charge	106.00
4.	Lodgment for registration of a memorandum granting land of the Crown	131.00
(2) Copies
5.	Application or request for a copy of a single document, dealing, instrument, plan, strata plan, building title plan or diagram or part of a single document, dealing, instrument, plan, strata plan, building title plan or diagram or the field notes or survey notes of a single plan or diagram –
(a) if the copy is prepared by a photocopying process, transparency process, electronic process or facsimile process, for a copy of a single folio of the Register, dealing, instrument or document or part of a single folio of the Register, dealing, instrument or document	20.00
(b) if a typed copy is requested	20.00
In addition, for each hour or part of an hour to prepare the copy	20.00
(c) in addition to any fee under paragraph (a) or (b) , if the application or request is received, or the copy is to be despatched, by post, and no reference number or an incorrect reference number is quoted	30.00
In addition, for each hour or part of an hour taken to search for the copy	20.00
(3) Certification
6.	Application or request for the certification by the Recorder, Deputy Recorder or Assistant Recorder of a copy of a single document, dealing, instrument, plan or diagram or part of a single document, dealing, instrument, plan or diagram or the field notes or survey notes of a single plan or diagram, either as a machine copy or print made from a transparency	50.50
In addition, for each hour or part of an hour taken to prepare the copy for certification	30.00
(4) Notices
7.	Lodgment of a priority notice or notice of withdrawal of priority notice	15.10
8.	For preparing and serving notice to a caveator of intention to register a dealing under section 136	85.50
(5) Maps and plans
9.	Lodgment of each map, plan or building title plan	505.00
In addition, for each parcel shown on that map, plan or building title plan	50.50
10.	Lodgment of a plan prepared solely for the purpose of placing survey information on public record	50.50
11.	Lodgment of an application to amend a plan	505.00
In addition, if the application involves the amendment of the Register, for each certificate of title to issue pursuant to such amendment	50.50
12.	Supply of a plan for which a fee is not otherwise prescribed	505.00
In addition, for each hour or part of an hour taken to prepare the plan	50.50
(6) Sealing of instruments
13.	Examination and sealing of an instrument or dealing not prepared on a form bearing the Recorder’s seal	85.50
14.	Lodgment of a request for the sealing of a printed form	85.50
(7) Miscellaneous
15.	Application or request to search a single folio of the Register (including the face plan of the plan supporting that folio), dealing, instrument or document	20.00
16.	Request to search for and supply copies of plans and field notes relevant to one specified proposed survey	30.00
In addition, for each hour or part of an hour taken to comply with the request	20.00
17.	Exhibiting deeds surrendered by the applicant	30.00
18.	Each requisition made by the Recorder –
(a) for payment of additional fees	15.10
(b) under section 50	30.00
(c) under section 143B	30.00
19.	Lodgment of requisition for statement of grounds under section 144	85.50
20.	Lodgment of objection to correction of plan or accompanying document under section 143C	30.00

PART 4Powers of Attorney Act 2000 Amended13Principal ActIn this Part, the Powers of Attorney Act 2000 is referred to as the Principal Act. 14Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by inserting after the definition of photographic copy the following definition: prescribed, in relation to a fee, means prescribed in Schedule 2 ; 15Section 9 amended (Formal requirements) Section 9(1)(c) of the Principal Act is amended by omitting "is to" and substituting "must". 16Section 55A insertedAfter section 55 of the Principal Act , the following section is inserted in Part 7: 55APayment of prescribed fees Subsections (2) and (3) of section 169E of the Land Titles Act 1980 have the same application to the payment of a prescribed fee under this Act as they have to the payment of a prescribed fee under that Act. 17Section 58A insertedAfter section 58 of the Principal Act , the following section is inserted in Part 7: 58AValidation No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001, or for the Powers of Attorney Act 1934, is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed. 18Schedule 2 insertedAfter Schedule 1 to the Principal Act , the following Schedule is inserted: Schedule 2Prescribed fees

Section 3

Item	Matter for which fee is payable	Fee $
1.	Lodgment of a power of attorney	90.50
2.	Application to search an index, power of attorney or other instrument	20.00
3.	Application or request for a photographic copy of a power of attorney or other instrument (if a fee has not been paid under item 2 )	20.00
4.	Application referred to in item 2 or 3 where a copy certified by the Recorder is requested (whether or not a fee has been paid under item 2 )	50.50
5.	Lodgment of an instrument for which a fee is not otherwise prescribed	70.50

PART 5Registration of Deeds Act 1935 Amended19Principal ActIn this Part, the Registration of Deeds Act 1935 is referred to as the Principal Act. 20Section 42 amended (Fees) Section 42 of the Principal Act is amended by inserting " Schedule 2 in" after "in". 21Sections 42A and 42B insertedAfter section 42 of the Principal Act , the following sections are inserted in Part IV: 42APayment of prescribed fees Subsections (2) and (3) of section 169E of the Land Titles Act 1980 have the same application to the payment of a prescribed fee under this Act as they have to the payment of a prescribed fee under that Act. 42BValidation No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001 is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed. 22Schedule II insertedAfter Schedule I to the Principal Act , the following Schedule is inserted: Schedule IIPrescribed Fees

Section 42

Item	Matter for which fee is payable	Fee $
1.	Lodgment of application for registration for which a fee is not otherwise prescribed	70.50
2.	Deposit of deeds (comprising one title)	20.00
3.	Application to inspect deposited deeds or documents	20.00
4.	Application to search indexes, memorials, plans, field notes and other records in the Register (for each chain of title)	20.00
5.	Application or request for photographic copy of single memorial, record or other document or survey plan kept in Registry (if fee has not been paid under item 4)	20.00
6.	Application under item 5 if Registrar is requested to certify copy (whether or not fee has been paid under item 4)	50.50
7.	Application for registration of reconveyance or release or discharge of a charge, registered lien or judgment	90.50

PART 6Strata Titles Act 1998 Amended23Principal ActIn this Part, the Strata Titles Act 1998 is referred to as the Principal Act. 24Section 105AA amended (Application to certain buildings in Hobart) Section 105AA of the Principal Act is amended by omitting "Divison 2" and substituting "Division 2". 25Sections 158A and 158B insertedAfter section 158 of the Principal Act , the following sections are inserted in Part 11: 158APrescribed fees (1)  The fees prescribed in Schedule 1A are payable under this Act for the matters to which they respectively relate. (2)  If a fee prescribed in Schedule 1A is payable to the Recorder, subsections (2) and (3) of section 169E of the Land Titles Act 1980 have the same application to the payment of that fee as they have to the payment of a prescribed fee under that Act. 158BValidation No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001 is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed. 26Section 159 amended (Regulations) Section 159 of the Principal Act is amended by omitting subsection (3) . 27Schedule 1A insertedAfter Schedule 1 to the Principal Act , the following Schedule is inserted: Schedule 1APrescribed fees

Section 158A

Item	Matter for which fee is payable	Fee $
1.	Lodgment of strata plan for registration	505.00
In addition, for each lot shown on the plan	50.50
2.	Application to amend registered strata plan –
(a) where the amendment results in the creation of additional lots	505.00
(b) where the amendment does not result in the creation of additional lots	90.50
3.	Application to consolidate 2 or more strata plans	505.00
4.	Application to cancel strata plan	90.50
5.	Lodgment of application for registration of –
(a) staged development scheme	505.00
(b) community development scheme	505.00
(c) conversion of existing strata scheme into staged development scheme	505.00
6.	Lodgment of final approved detail of a stage in a development scheme, or of an element in a community development scheme, where the stage or element is lodged separately from the scheme, or a fee is not payable for the lodgment of the element under the Land Titles Act 1980  –
(a) where the number of lots in the scheme is more than 5	505.00 (plus 50.50 for each lot in the stage or element)
(b) where the number of lots in the scheme is 5 or less	50.50 (plus 50.50 for each lot in the stage or element)
7.	Registration of variation to staged development scheme or community development scheme –
(a) where the variation results in the creation of additional lots	373.00
(b) where the variation does not result in the creation of additional lots	90.50
8.	Registration of dealing for sale or disposal of land subject to registered staged development scheme or registered community development scheme	131.00
9.	Application for relief under Part 9	25.00
10.	Inquiry under section 141	15.10
11.	Lodgment of order under section 142	90.50
12.	Lodgment of notice of appeal under section 144	252.00
13.	Application to Tribunal under section 96(1) , section 133(1) or section 145	90.50
14.	Application to council under section 31(1) , section 36(1) , section 42(1) , section 53(1) or section 58(1)	90.50
15.	Lodgment with Recorder of dealing, instrument or application not provided for elsewhere in this Schedule	90.50
16.	Lodgment with Recorder of plan not provided for elsewhere in this Schedule	505.00 (plus 50.50 for each lot shown on the plan)

[Second reading presentation speech made in:

House of Assembly on 1 NOVEMBER 2001

Legislative Council on 21 NOVEMBER 2001]