Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2007 (NSW)

2007 No 305

New South Wales

Strata Schemes (Freehold

Development) Amendment (Fees)

Regulation 2007

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 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 Regulation also provides for separate (increased) fees:

(a)	for lodgment of a plan for registration comprising no more than 2 lots or comprising more than 2 lots (instead of having the same fee apply to lodgment of both of these categories of plan), and
(b)	for pre-examination of such plans (instead of having the same fee apply to pre-examination of both of these categories of plan).

These proposed fees incorporate:

(a)	the first 4 hours of examination of lodged plans, or pre-examination of plans, comprising no more than 2 lots, and
(b)	the first 6 hours (instead of the first 4 hours) of examination of lodged plans, or pre-examination of plans, comprising more than 2 lots.

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 83 of 29 June 2007, page 4137	Page 1
2007 No 305	Strata Schemes (Freehold Development) Amendment (Fees) Regulation
Clause 1	2007

Strata Schemes (Freehold Development) Amendment

(Fees) Regulation 2007

under the

Strata Schemes (Freehold Development) Act 1973

1 Name of Regulation

This Regulation is the Strata Schemes (Freehold Development)
Amendment (Fees) Regulation 2007.

2      Commencement

This Regulation commences on 1 July 2007.

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	2007 No 305
2007
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:

(a)	comprising no more than 2 lots	1000.00
(b)	comprising more than 2 lots	1200.00

And, in addition, for each quarter-hour or part of a quarter-hour in excess of:

(a)  the first 4 hours occupied in the examination of 50.00

the plan referred to in paragraph (a) above

(b)	the first 6 hours occupied in the examination of	50.00
the plan referred to in paragraph (b) above

In addition, for the preparation and supply of a	120.00
certificate of title for common property in a strata scheme
In addition, for each lot shown on the plan	120.00
And, if the plan is accompanied by a copy of the	180.00
proposed by-laws for the strata scheme, an additional
And, if the plan is accompanied by a section 88B	90.00
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	90.00
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	16.50
each folio of the Register to be consolidated, an additional

2007 No 305	Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2007
Schedule 1	Amendment

$

2	On lodgment of a substituted plan or any sheet of such a	90.00
plan
3	On lodgment of a section 88B instrument in substitution	Such fee as would

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

4	On lodgment of an application to amend a plan	90.00
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	90.00
(b)	for each certificate or folio after the first	12.50

5         For examining a plan before lodgment:

(a)	comprising no more than 2 lots	1100.00
(b)	comprising more than 2 lots	1320.00

In addition, for each quarter-hour or part of a quarter-hour in excess of:

(a)  the first 4 hours occupied in the examination of 55.00

the plan referred to in paragraph (a) above

(b)	the first 6 hours occupied in the examination of	55.00
the plan referred to in paragraph (b) above
6	On lodgment of a notification of change of by-laws	90.00
7	On lodgment of a notice of conversion	90.00
8	On lodgment of a notification of change of address for	90.00
service of notices on an owners corporation
9	On lodgment of an order varying a strata scheme	90.00
10	On lodgment of an application for an order terminating	90.00
a strata scheme
In addition, for each quarter-hour or part of a	50.00
quarter-hour occupied in examining the application
11	On lodgment of an order terminating a strata scheme	90.00
12	On lodgment of a certificate that the initial period has	90.00
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	300.00

Strata Schemes (Freehold Development) Amendment (Fees) Regulation	2007 No 305
2007
Amendment	Schedule 1

$

14	On lodgment for registration of a strata development	200.00
contract
15	On lodgment for registration of an amendment to a strata	90.00
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	12.50
Department of Lands
(b)	by electronic means to any agent licensed by the	6.20
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	90.00
in this Schedule

BY AUTHORITY