Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2010 (NSW)

2010 No 337

New South Wales

Strata Schemes (Freehold

Development) Amendment (Fees)

Regulation 2010

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.

TONY KELLY, MLC

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 also clarifies that a local council can issue a strata certificate in respect of a including section 158 (the general regulation-making power) and, in particular, section 158 (1) (d).

proposed strata plan.

Published LW 1 July 2010	Page 1
2010 No 337	Strata Schemes (Freehold Development) Amendment (Fees) Regulation
Clause 1	2010

Strata Schemes (Freehold Development) Amendment

(Fees) Regulation 2010

under the

Strata Schemes (Freehold Development) Act 1973

1      Name of Regulation

This Regulation is the Strata Schemes (Freehold Development)
Amendment (Fees) Regulation 2010.

2      Commencement

This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.

Strata Schemes (Freehold Development) Amendment (Fees) Regulation	2010 No 337
2010
Amendment of Strata Schemes (Freehold Development) Regulation 2007	Schedule 1
Schedule 1	Amendment of Strata Schemes (Freehold Development) Regulation 2007

[1]      Clause 29A Inspection required prior to issuing a strata certificate

Insert “37 or” after “section” in clause 29A (1).

[2]      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	1,045.00
(b)	comprising more than 2 lots	1,255.00

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 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 certificate	125.50
of title for common property in a strata scheme
In addition, for each lot shown on the plan	125.50
In addition, if the plan is accompanied by a copy of the	194.00
proposed by-laws for the strata scheme
In addition, if the plan is accompanied by a section 88B	97.00
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
In addition, if the plan is accompanied by a section 88B	97.00
instrument, for each easement to be released, irrespective of the number of lots burdened or benefited
In addition, if the plan is a strata plan of consolidation—	17.00
for each folio of the Register to be consolidated

2010 No 337	Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2010
Schedule 1	Amendment of Strata Schemes (Freehold Development) Regulation 2007

$

2	On lodgment of a substituted plan or any sheet of such a	97.00
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	97.00
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	97.00
(b)	for each certificate or folio after the first	13.00

5         For examining a plan before lodgment:

(a)	comprising no more than 2 lots	1,149.50
(b)	comprising more than 2 lots	1,380.50

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	97.00
7	On lodgment of a notice of conversion	97.00
8	On lodgment of a notification of change of address for	97.00
service of notices on an owners corporation
9	On lodgment of an order varying a strata scheme	97.00
10	On lodgment of an application for an order terminating a	97.00
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	97.00
12	On lodgment of a certificate that the initial period has	97.00
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	320.00

Strata Schemes (Freehold Development) Amendment (Fees) Regulation	2010 No 337
2010
Amendment of Strata Schemes (Freehold Development) Regulation 2007	Schedule 1

$

14	On lodgment for registration of a strata development	210.00
contract
15	On lodgment for registration of an amendment to a strata	97.00
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 Land and	13.00
Property Management Authority
(b)	by electronic means to any agent licensed by the	6.70
Land and Property Management Authority
(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	97.00
in this Schedule