Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2016 (NSW)

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New South Wales

Strata Schemes (Freehold Development)

Amendment (Fees) Regulation 2016

under the

Strata Schemes (Freehold Development) Act 1973

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Strata Schemes (Freehold Development) Act 1973.

DOMINIC PERROTTET, MP

Minister for Finance, Services and Property

Explanatory note

The objects of this Regulation are:

(a)	to update certain fees payable to the Registrar-General under the Strata Schemes (Freehold

Development) Act 1973, and

(b)	to prescribe new fees for requisitions sent by the Registrar-General.

This Regulation is made under the Strata Schemes (Freehold Development) Act 1973, including sections 28S (4) and 158 (the general regulation-making power).

Strata Schemes (Freehold Development) Amendment (Fees)

Regulation 2016

under the

Strata Schemes (Freehold Development) Act 1973

1 Name of Regulation
This Regulation is the Strata Schemes (Freehold Development) Amendment (Fees)
Regulation 2016.

2 Commencement

(1) Except as provided by subclause (2), this Regulation commences on 1 July 2016 and
is required to be published on the NSW legislation website.
(2) Schedule 1 [2] commences on 1 January 2017.

Schedule 1

Amendment of Strata Schemes (Freehold
Development) Regulation 2012

[1] Schedule 6
Omit the Schedule. Insert instead:

Schedule 6 Fees

(Clause 34)

Item Matter for which fee payable Fee
Plans and associated instruments

1 On lodgment of a plan for registration: $287.00

(a) for each additional lot in the plan where more than one is $287.00
shown
(b) for the preparation and supply of a certificate of title for $287.00
common property in a strata scheme

2 In addition to item 1, if the plan is accompanied by a copy of the $370.00
proposed by-laws for the strata scheme
3 In addition to item 1, if the plan is accompanied by a section 88B $136.30
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)
4 In addition to item 1, if the plan is accompanied by a section 88B $136.30
instrument—for each easement to be released (irrespective of the
number of lots burdened or benefited)
5 In addition to item 1, if the plan is a strata plan of consolidation— $136.30
for each folio of the Register to be consolidated
6 On lodgment of a strata management statement $370.00
7 On lodgment for registration of a strata development contract $370.00
8 On lodgment of a substituted plan or any sheet of such a plan $136.30
9 On lodgment of a section 88B instrument in substitution for Such fee as would be
another such instrument or part of such instrument appropriate to the
instrument as an original
lodgment fee
10 On lodgment of an application to amend a plan $136.30

11

In addition to item 10, if the application involves the amendment of a certificate of title or folio of the Register:

(a) for the first certificate or folio $136.30
(b) for each certificate or folio after the first $14.00

12 For examining a plan before lodgment—for each lot shown on the $315.70
plan
Dealings, applications and requests

13 On lodgment of a notification of change of by-laws $136.30
14 On lodgment of a notice of conversion $136.30

Item Matter for which fee payable Fee

15 On lodgment of a notification of change of address for service of $136.30
notices on an owners corporation
16 On lodgment of an order varying a strata scheme $136.30
17 On lodgment of an application for an order terminating a strata $136.30
scheme
18 On lodgment of an order terminating a strata scheme $136.30
19 On lodgment of a certificate that the initial period has expired, $136.30
given by an owners corporation pursuant to section 9 (3) (d) (i),
13 (2) (b) (i) or 28 (4) (b) of the Act
20 On lodgment for registration of an amendment to a strata $136.30
development contract
21 On lodgment of any document not otherwise referred to in this $136.30
Schedule
Copies
22 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 Property $14.00
Information Division, Department of Finance, Services and Innovation

(b) by electronic means to any agent licensed by the Land and $8.51
Property Information Division, Department of Finance,
Services and Innovation

23 In addition to item 22, for copyright purposes in relation to For supply under
supplying a copy of a registered plan or part of a registered plan item 22 (a) above—
$1.00
For supply under
item 22 (b) above—
$1.12
[2] Schedule 6
Insert after item 23:
Requisition sent by Registrar-General

24

For a requisition sent by the Registrar-General requiring correction, re-execution or the supply of additional information in support of:

(a) a plan or associated instrument lodged for registration or $100.00
recording
(b) a dealing, application or request lodged for registration or $50.00
recording

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Strata Schemes (Freehold Development) Amendment (Fees) Regulation 2016 (NSW)

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Item Matter for which fee payable	Fee
Plans and associated instruments

(a)	for each additional lot in the plan where more than one is	$287.00
shown
(b)	for the preparation and supply of a certificate of title for	$287.00
common property in a strata scheme

2	In addition to item 1, if the plan is accompanied by a copy of the	$370.00
proposed by-laws for the strata scheme
3	In addition to item 1, if the plan is accompanied by a section 88B	$136.30
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)
4	In addition to item 1, if the plan is accompanied by a section 88B	$136.30
instrument—for each easement to be released (irrespective of the number of lots burdened or benefited)
5	In addition to item 1, if the plan is a strata plan of consolidation—	$136.30
for each folio of the Register to be consolidated
6	On lodgment of a strata management statement	$370.00
7	On lodgment for registration of a strata development contract	$370.00
8	On lodgment of a substituted plan or any sheet of such a plan	$136.30
9	On lodgment of a section 88B instrument in substitution for	Such fee as would be
another such instrument or part of such instrument	appropriate to the instrument as an original lodgment fee
10	On lodgment of an application to amend a plan	$136.30
11	In addition to item 10, if the application involves the amendment of a certificate of title or folio of the Register:

(a)	for the first certificate or folio	$136.30
(b)	for each certificate or folio after the first	$14.00

12	For examining a plan before lodgment—for each lot shown on the	$315.70
plan

13	On lodgment of a notification of change of by-laws	$136.30
14	On lodgment of a notice of conversion	$136.30

15	On lodgment of a notification of change of address for service of	$136.30
notices on an owners corporation
16	On lodgment of an order varying a strata scheme	$136.30
17	On lodgment of an application for an order terminating a strata	$136.30
scheme
18	On lodgment of an order terminating a strata scheme	$136.30
19	On lodgment of a certificate that the initial period has expired,	$136.30
given by an owners corporation pursuant to section 9 (3) (d) (i), 13 (2) (b) (i) or 28 (4) (b) of the Act
20	On lodgment for registration of an amendment to a strata	$136.30
development contract
21	On lodgment of any document not otherwise referred to in this	$136.30
Schedule

(b)	by electronic means to any agent licensed by the Land and	$8.51
Property Information Division, Department of Finance, Services and Innovation

23	In addition to item 22, for copyright purposes in relation to	For supply under
supplying a copy of a registered plan or part of a registered plan	item 22 (a) above— $1.00
For supply under item 22 (b) above— $1.12

(a)	a plan or associated instrument lodged for registration or	$100.00
recording
(b)	a dealing, application or request lodged for registration or	$50.00
recording