Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2008 (NSW)

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2008 No 164

New South Wales

Strata Schemes (Freehold

Development) Amendment (Fees)

Regulation 2008

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 fee increases are generally 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 66 of 6 June 2008, page 4653	Page 1
2008 No 164	Strata Schemes (Freehold Development) Amendment (Fees) Regulation
Clause 1	2008

Strata Schemes (Freehold Development) Amendment

(Fees) Regulation 2008

under the

Strata Schemes (Freehold Development) Act 1973

1 Name of Regulation
This Regulation is the Strata Schemes (Freehold Development)
Amendment (Fees) Regulation 2008.

2 Commencement
This Regulation commences on 1 July 2008.

3 Amendment of Strata Schemes (Freehold Development) Regulation 2007
The Strata Schemes (Freehold Development) Regulation 2007 is amended as set out in Schedule 1.

Strata Schemes (Freehold Development) Amendment (Fees) Regulation	2008 No 164
2008
Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 6
Omit the Schedule. Insert instead:

Schedule 6 Fees

(Clause 33)

$

1 On lodgment of a plan for registration:

(a) comprising no more than 2 lots 1,025.00
(b) comprising more than 2 lots 1,230.00

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 the 50.00
plan referred to in paragraph (a) above

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

In addition, for the preparation and supply of a certificate 123.00
of title for common property in a strata scheme
In addition, for each lot shown on the plan 123.00
And, if the plan is accompanied by a copy of the proposed 184.00
by-laws for the strata scheme, an additional
And, if the plan is accompanied by a section 88B 92.00

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 92.00

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 each 17.00
folio of the Register to be consolidated, an additional

2 On lodgment of a substituted plan or any sheet of such a 92.00
plan

2008 No 164	Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2008
Schedule 1	Amendment

$

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 92.00

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 92.00
(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 1,127.50
(b) comprising more than 2 lots 1,353.00

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 the 55.00
plan referred to in paragraph (a) above

(b) the first 6 hours occupied in the examination of the 55.00
plan referred to in paragraph (b) above

6 On lodgment of a notification of change of by-laws 92.00
7 On lodgment of a notice of conversion 92.00
8 On lodgment of a notification of change of address for 92.00
service of notices on an owners corporation
9 On lodgment of an order varying a strata scheme 92.00
10 On lodgment of an application for an order terminating a 92.00
strata scheme
In addition, for each quarter-hour or part of a quarter-hour 50.00
occupied in examining the application
11 On lodgment of an order terminating a strata scheme 92.00
12 On lodgment of a certificate that the initial period has 92.00
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 307.50
14 On lodgment for registration of a strata development 205.00
contract

Strata Schemes (Freehold Development) Amendment (Fees) Regulation	2008 No 164
2008
Amendment	Schedule 1

$

15 On lodgment for registration of an amendment to a strata 92.00
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 6.35
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 92.00
in this Schedule

BY AUTHORITY

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

In addition, for the preparation and supply of a certificate	123.00
of title for common property in a strata scheme
In addition, for each lot shown on the plan	123.00
And, if the plan is accompanied by a copy of the proposed	184.00
by-laws for the strata scheme, an additional
And, if the plan is accompanied by a section 88B	92.00
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	92.00
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 each	17.00
folio of the Register to be consolidated, an additional

2	On lodgment of a substituted plan or any sheet of such a	92.00
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	92.00
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	92.00
(b)	for each certificate or folio after the first	12.50

(b)	the first 6 hours occupied in the examination of the	55.00
plan referred to in paragraph (b) above
6	On lodgment of a notification of change of by-laws	92.00
7	On lodgment of a notice of conversion	92.00
8	On lodgment of a notification of change of address for	92.00
service of notices on an owners corporation
9	On lodgment of an order varying a strata scheme	92.00
10	On lodgment of an application for an order terminating a	92.00
strata scheme
In addition, for each quarter-hour or part of a quarter-hour	50.00
occupied in examining the application
11	On lodgment of an order terminating a strata scheme	92.00
12	On lodgment of a certificate that the initial period has	92.00
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	307.50
14	On lodgment for registration of a strata development	205.00
contract

15	On lodgment for registration of an amendment to a strata	92.00
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	6.35
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

17	On lodgment of any document not otherwise referred to	92.00
in this Schedule