Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2005 (NSW)

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2005 No 243

New South Wales

Strata Schemes (Freehold

Development) Amendment (Fees)

Regulation 2005

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 for 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 also rationalises items in the schedule of fees to the Strata Schemes

(Freehold Development) Regulation 2002 relating to the supply of copies of documents:

(a)	by removing from the schedule items relating to specific document types (strata development contracts or by-laws lodged with strata plans), and
(b)	by introducing into the schedule items for the supply of copies of any type of documents in the custody of the Registrar-General (other than certified copies) according to the means of delivery of the copies (in person, by electronic means or by some other means).

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 73 of 17 June 2005, page 2430	Page 1
2005 No 243	Strata Schemes (Freehold Development) Amendment (Fees) Regulation
Clause 1	2005

Strata Schemes (Freehold Development) Amendment

(Fees) Regulation 2005

under the

Strata Schemes (Freehold Development) Act 1973

1 Name of Regulation
This Regulation is the Strata Schemes (Freehold Development)
Amendment (Fees) Regulation 2005.

2 Commencement
This Regulation commences on 1 July 2005.

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

Strata Schemes (Freehold Development) Amendment (Fees) Regulation	2005 No 243
2005
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 823.00
And, in addition, for each quarter-hour or part of a 51.50
quarter-hour in excess of the first 4 hours occupied in the
examination
In addition, for the preparation and supply of a certificate 82.30
of title for common property in a strata scheme
In addition, for each lot shown on the plan 82.30
And, if the plan is accompanied by a copy of the 154.50
proposed by-laws for the strata scheme, an additional
And, if the plan is accompanied by a section 88B 77.25

instrument, for each easement, restriction on the use of land, positive covenant or profit à prendre to be created, irrespective of the number of lots burdened or benefited, an additional
And, if the plan is accompanied by a section 88B 77.25

instrument, for each easement to be released, irrespective of the number of lots burdened or benefited, an additional
And, if the plan is a strata plan of consolidation—for each 15.45
folio of the Register to be consolidated, an additional
2 On lodgment of a substituted plan or any sheet of such a 77.25
plan

3

On lodgment of a section 88B instrument in substitution

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

original lodgment

fee

4 On lodgment of an application to amend a plan 77.25

2005 No 243	Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2005
Schedule 1	Amendment

$

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 77.25
(b) for each certificate or folio after the first 10.30

5 For examining a plan before lodgment 905.30
In addition, for each quarter-hour or part of a 56.65
quarter-hour in excess of the first 4 hours occupied in the
examination
6 On lodgment of a notification of change of by-laws 77.25
7 On lodgment of a notice of conversion 77.25
8 On lodgment of a notification of change of address for 77.25
service of notices on an owners corporation
9 On lodgment of an order varying a strata scheme 77.25
10 On lodgment of an application for an order terminating a 77.25
strata scheme
In addition, for each quarter-hour or part of a 51.50
quarter-hour occupied in examining the application
11 On lodgment of an order terminating a strata scheme 77.25
12 On lodgment of a certificate that the initial period has 77.25
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 154.50
14 On lodgment for registration of a strata development 154.50
contract
15 On lodgment for registration of an amendment to a strata 77.25
development contract

16

For supplying a copy of a document or part of a document (other than a certified copy) in the custody of the Registrar-General:

(a) to any person attending an office of the 10.30
Department of Lands
(b) by electronic means to any agent licensed by the 4.65
Department of Lands

Strata Schemes (Freehold Development) Amendment (Fees) Regulation	2005 No 243
2005
Amendment	Schedule 1

$

(c)

to any person by some other means

Such reasonable fee (determined by the
Registrar-General as
is warranted by the
work involved in
providing the
service

17 On lodgment of any document not otherwise referred to 77.25
in this Schedule

BY AUTHORITY

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Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2005 (NSW)

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1	On lodgment of a plan for registration	823.00
And, in addition, for each quarter-hour or part of a	51.50
quarter-hour in excess of the first 4 hours occupied in the examination
In addition, for the preparation and supply of a certificate	82.30
of title for common property in a strata scheme
In addition, for each lot shown on the plan	82.30
And, if the plan is accompanied by a copy of the	154.50
proposed by-laws for the strata scheme, an additional
And, if the plan is accompanied by a section 88B	77.25
instrument, for each easement, restriction on the use of land, positive covenant or profit à prendre to be created, irrespective of the number of lots burdened or benefited, an additional
And, if the plan is accompanied by a section 88B	77.25
instrument, for each easement to be released, irrespective of the number of lots burdened or benefited, an additional
And, if the plan is a strata plan of consolidation—for each	15.45
folio of the Register to be consolidated, an additional
2	On lodgment of a substituted plan or any sheet of such a	77.25
plan
3	On lodgment of a section 88B instrument in substitution	Such fee as would be appropriate to the instrument as an
for another such instrument or part of such instrument

(a)	for the first certificate or folio	77.25
(b)	for each certificate or folio after the first	10.30
5	For examining a plan before lodgment	905.30
In addition, for each quarter-hour or part of a	56.65
quarter-hour in excess of the first 4 hours occupied in the examination
6	On lodgment of a notification of change of by-laws	77.25
7	On lodgment of a notice of conversion	77.25
8	On lodgment of a notification of change of address for	77.25
service of notices on an owners corporation
9	On lodgment of an order varying a strata scheme	77.25
10	On lodgment of an application for an order terminating a	77.25
strata scheme
In addition, for each quarter-hour or part of a	51.50
quarter-hour occupied in examining the application
11	On lodgment of an order terminating a strata scheme	77.25
12	On lodgment of a certificate that the initial period has	77.25
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	154.50
14	On lodgment for registration of a strata development	154.50
contract
15	On lodgment for registration of an amendment to a strata	77.25
development contract
16	For supplying a copy of a document or part of a document (other than a certified copy) in the custody of the Registrar-General:
(a)	to any person attending an office of the	10.30
Department of Lands
(b)	by electronic means to any agent licensed by the	4.65
Department of Lands

(c)	to any person by some other means	Such reasonable fee (determined by the
Registrar-General as is warranted by the work involved in providing the service
17	On lodgment of any document not otherwise referred to	77.25
in this Schedule