Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2003 (NSW)

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2003 No 422

New South Wales

Strata Schemes (Freehold

Development) Amendment (Fees)

Regulation 2003

under the

Strata Schemes (Freehold Development) Act 1973

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Strata Schemes (Freehold Development) Act 1973.

ANTHONY BERNARD KELLY, M.L.C.,

Minister Assisting the Minister for Natural Resources (Lands)

Explanatory note
The object of this Regulation is to increase certain fees payable to the Registrar-General under the Strata Schemes (Freehold Development) Act 1973. The fee increases are in line with movements in the Consumer Price Index.

This Regulation is made under the Strata Schemes (Freehold Development) Act 1973, including section 158 (the general regulation-making power) and, in particular, section 158 (1) (d).

Published in Gazette No 104 of 27 June 2003, page 6293	Page 1
2003 No 422	Strata Schemes (Freehold Development) Amendment (Fees) Regulation
Clause 1	2003

Strata Schemes (Freehold Development) Amendment

(Fees) Regulation 2003

under the

Strata Schemes (Freehold Development) Act 1973

1 Name of Regulation
This Regulation is the Strata Schemes (Freehold Development)
Amendment (Fees) Regulation 2003.

2 Commencement

This Regulation commences on 1 July 2003.

3 Amendment of Strata Schemes (Freehold Development) Regulation 2002
The Strata Schemes (Freehold Development) Regulation 2002 is amended as set out in Schedule 1.

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Strata Schemes (Freehold Development) Amendment (Fees) Regulation	2003 No 422
2003
Amendment	Schedule 1
Schedule 1 Amendment

(Clause 3)

Schedule 6
Omit the Schedule. Insert instead:
Schedule 6 Fees

(Clause 35)

$

1 On lodgment of a plan for registration 625.00
And, in addition, for each hour or part of an hour in excess of 64.00
the first 4 hours occupied in the examination
In addition, for the preparation and supply of a certificate of 64.00
title for common property in a strata scheme
In addition, for each lot shown on the plan 64.00
And, if the plan is accompanied by a copy of the proposed 128.00
by-laws for the strata scheme, an additional
And, if the plan is accompanied by a section 88B instrument 64.00
in which only one easement, restriction on the use of land,
positive covenant or profit à prendre is to be created,
irrespective of the number of lots burdened or benefited, an
additional
And, if the plan is accompanied by a section 88B instrument 128.00

in which the combined number of easements, restrictions on the use of land, positive covenants or profits à prendre to be created is 2 or more, an additional
And, if the plan is accompanied by a section 88B instrument 64.00
in which only one easement is to be released, irrespective of
the number of lots burdened or benefited, an additional
And, if the plan is accompanied by a section 88B instrument 128.00
in which the number of easements to be released is 2 or
more, an additional

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2003 No 422	Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2003
Schedule 1	Amendment

$

And, if the plan is a strata plan of consolidation—for each 15.00
folio of the Register to be consolidated, an additional

2 On lodgment of a substituted plan or any sheet of such a plan 64.00

3

On lodgment of a section 88B instrument in substitution for

Such fee as would be appropriate to the instrument as an original lodgment fee
another such instrument or part of such instrument

4 On lodgment of an application to amend a plan 64.00

In addition, if the application involves the amendment of a certificate of title or folio of the Register:

(a) for the first certificate or folio 64.00
(b) for each certificate or folio after the first 10.00

5 For examining a plan before lodgment 687.50
In addition, for each hour or part of an hour in excess of the 70.40
first 4 hours occupied in the examination
6 On lodgment of a notification of change of by-laws 64.00
7 On lodgment of a notice of conversion 64.00
8 On lodgment of a notification of change of address for 64.00
service of notices on an owners corporation
9 On lodgment of an order varying a strata scheme 64.00
10 On lodgment of an application for an order terminating a 64.00
strata scheme
In addition, for each hour or part of an hour occupied in 106.00
examining the application

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Strata Schemes (Freehold Development) Amendment (Fees) Regulation	2003 No 422
2003
Amendment	Schedule 1

$

11 On lodgment of an order terminating a strata scheme 64.00
12 On lodgment of a certificate that the initial period has 64.00
expired, given by an owners corporation pursuant to section
9 (3) (d) (i), 13 (2) (b) (i) or 28 (4) (b) of the Act
13 On lodgment of a strata management statement 64.00
14 On lodgment for registration of a strata development 128.00
contract
15 On lodgment for registration of an amendment to a strata 64.00
development contract
16 For supplying a copy, available from the Document Copy 4.00

Service, of a strata development contract or part of a strata development contract
17 For supplying a copy of a strata development contract or part 22.00

of a strata development contract in response to a requisition requiring dispatch of information by post, facsimile or other means approved by the Registrar-General
18 For supplying a copy, available from the Document Copy 4.00
Service, of any by-laws lodged with a strata plan
19 On lodgment of any document not otherwise referred to in 64.00
this Schedule

BY AUTHORITY

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Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2003 (NSW)

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1	On lodgment of a plan for registration	625.00
And, in addition, for each hour or part of an hour in excess of	64.00
the first 4 hours occupied in the examination
In addition, for the preparation and supply of a certificate of	64.00
title for common property in a strata scheme
In addition, for each lot shown on the plan	64.00
And, if the plan is accompanied by a copy of the proposed	128.00
by-laws for the strata scheme, an additional
And, if the plan is accompanied by a section 88B instrument	64.00
in which only one easement, restriction on the use of land, positive covenant or profit à prendre is to be created, irrespective of the number of lots burdened or benefited, an additional
And, if the plan is accompanied by a section 88B instrument	128.00
in which the combined number of easements, restrictions on the use of land, positive covenants or profits à prendre to be created is 2 or more, an additional
And, if the plan is accompanied by a section 88B instrument	64.00
in which only one easement is to be released, irrespective of the number of lots burdened or benefited, an additional
And, if the plan is accompanied by a section 88B instrument	128.00
in which the number of easements to be released is 2 or more, an additional

And, if the plan is a strata plan of consolidation—for each	15.00
folio of the Register to be consolidated, an additional

2	On lodgment of a substituted plan or any sheet of such a plan	64.00
3	On lodgment of a section 88B instrument in substitution for	Such fee as would be appropriate to the instrument as an original lodgment fee
another such instrument or part of such instrument
4	On lodgment of an application to amend a plan	64.00
In addition, if the application involves the amendment of a certificate of title or folio of the Register:
(a)	for the first certificate or folio	64.00
(b)	for each certificate or folio after the first	10.00
5	For examining a plan before lodgment	687.50
In addition, for each hour or part of an hour in excess of the	70.40
first 4 hours occupied in the examination
6	On lodgment of a notification of change of by-laws	64.00
7	On lodgment of a notice of conversion	64.00
8	On lodgment of a notification of change of address for	64.00
service of notices on an owners corporation
9	On lodgment of an order varying a strata scheme	64.00
10	On lodgment of an application for an order terminating a	64.00
strata scheme
In addition, for each hour or part of an hour occupied in	106.00
examining the application

11	On lodgment of an order terminating a strata scheme	64.00
12	On lodgment of a certificate that the initial period has	64.00
expired, given by an owners corporation pursuant to section 9 (3) (d) (i), 13 (2) (b) (i) or 28 (4) (b) of the Act
13	On lodgment of a strata management statement	64.00
14	On lodgment for registration of a strata development	128.00
contract
15	On lodgment for registration of an amendment to a strata	64.00
development contract
16	For supplying a copy, available from the Document Copy	4.00
Service, of a strata development contract or part of a strata development contract
17	For supplying a copy of a strata development contract or part	22.00
of a strata development contract in response to a requisition requiring dispatch of information by post, facsimile or other means approved by the Registrar-General
18	For supplying a copy, available from the Document Copy	4.00
Service, of any by-laws lodged with a strata plan
19	On lodgment of any document not otherwise referred to in	64.00
this Schedule