Strata Schemes (Leasehold Development) Amendment (Fees) Regulation 2004 (NSW)

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2004 No 377

New South Wales

Strata Schemes (Leasehold

Development) Amendment (Fees)

Regulation 2004

under the

Strata Schemes (Leasehold Development) Act 1986

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Strata Schemes (Leasehold Development) Act 1986.

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 (Leasehold Development) Act 1986. The increases include charging a fee for examining:

(a)	a plan lodged for registration or examining a plan before lodgment based on a quarter-hour or part of a quarter-hour occupied in the examination of the plan after the first 4 hours instead of on an hour or part of an hour after that 4-hour period, and
(b)	an application for an order to terminate a leasehold strata scheme based on a quarter-hour or part of a quarter-hour occupied in the examination of the application instead of on an hour or part of an hour.

This Regulation also introduces a new fee for each easement, restriction on the use of land, positive covenant or profit à prendre created, or each easement released, in a section 88B instrument accompanying a plan.

This Regulation is made under the Strata Schemes (Leasehold Development) Act 1986, including section 196 (the general regulation-making power) and, in particular, section 196 (1) (d).

Published in Gazette No 104 of 25 June 2004, page 4630	Page 1
2004 No 377	Strata Schemes (Leasehold Development) Amendment (Fees) Regulation
Clause 1	2004

Strata Schemes (Leasehold Development) Amendment

(Fees) Regulation 2004

under the

Strata Schemes (Leasehold Development) Act 1986

1 Name of Regulation
This Regulation is the Strata Schemes (Leasehold Development)
Amendment (Fees) Regulation 2004.

2 Commencement

This Regulation commences on 1 July 2004.

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

Strata Schemes (Leasehold Development) Amendment (Fees) Regulation	2004 No 377
2004
Amendment	Schedule 1
Schedule 1 Amendment

(Clause 3)

Schedule 6
Omit the Schedule. Insert instead:
Schedule 6 Fees

(Clause 37)

$

1 On lodgment of a plan for registration 800.00
In addition, for each quarter-hour or part of a quarter-hour 50.00
in excess of the first 4 hours occupied in the examination
In addition, for the preparation and supply of a certificate of 80.00
title for lease of common property in a leasehold strata
scheme
In addition, for each lot shown on the plan 80.00
And, if the plan is accompanied by a copy of the proposed 150.00
by-laws for the leasehold strata scheme, an additional
And, if the plan is accompanied by a section 88B 75.00
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

2004 No 377	Strata Schemes (Leasehold Development) Amendment (Fees) Regulation 2004
Schedule 1	Amendment

$

3

On lodgment of a section 88B instrument in substitution for

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

4 On lodgment of an application to amend a plan 75.00

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 75.00
(b) for each certificate or folio after the first 10.00

5 For examining a plan before lodgment 880.00
In addition, for each quarter-hour or part of a quarter-hour 55.00
in excess of the first 4 hours occupied in the examination
6 On lodgment of a notification of change of by-laws 75.00
7 On lodgment of a notice of conversion 75.00
8 On lodgment of a notification of change of address for 75.00
service of notices on an owners corporation

Strata Schemes (Leasehold Development) Amendment (Fees) Regulation	2004 No 377
2004
Amendment	Schedule 1

$

12 On lodgment of a certificate that the initial period has 75.00
expired, given by an owners corporation pursuant to section
11 (2) (d) (i), 16 (2) (b) (i) or 32 (4) (b) of the Act
13 On lodgment of a strata management statement 150.00
14 On lodgment for registration of a strata development 150.00
contract
15 On lodgment for registration of an amendment to a strata 75.00
development contract
16 For supplying a copy of a strata development contract or 10.00
part of a strata development contract to any person
attending an office of the Department of Lands
17 For supplying a copy of a strata development contract or 22.00
part of a strata development contract in response to a requisition requiring dispatch of information by post, facsimile or other means approved by the Registrar-General
18 For supplying a copy of any by-laws lodged with a strata 10.00
plan to any person attending an office of the Department of
Lands

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Strata Schemes (Leasehold Development) Amendment (Fees) Regulation 2004 (NSW)

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1	On lodgment of a plan for registration	800.00
In addition, for each quarter-hour or part of a quarter-hour	50.00
in excess of the first 4 hours occupied in the examination
In addition, for the preparation and supply of a certificate of	80.00
title for lease of common property in a leasehold strata scheme
In addition, for each lot shown on the plan	80.00
And, if the plan is accompanied by a copy of the proposed	150.00
by-laws for the leasehold strata scheme, an additional
And, if the plan is accompanied by a section 88B	75.00
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

3	On lodgment of a section 88B instrument in substitution for	Such fee as would be appropriate to the instrument as an original lodgment fee
another such instrument or part of such instrument
4	On lodgment of an application to amend a plan	75.00
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	75.00
(b)	for each certificate or folio after the first	10.00
5	For examining a plan before lodgment	880.00
In addition, for each quarter-hour or part of a quarter-hour	55.00
in excess of the first 4 hours occupied in the examination
6	On lodgment of a notification of change of by-laws	75.00
7	On lodgment of a notice of conversion	75.00
8	On lodgment of a notification of change of address for	75.00
service of notices on an owners corporation

12	On lodgment of a certificate that the initial period has	75.00
expired, given by an owners corporation pursuant to section 11 (2) (d) (i), 16 (2) (b) (i) or 32 (4) (b) of the Act
13	On lodgment of a strata management statement	150.00
14	On lodgment for registration of a strata development	150.00
contract
15	On lodgment for registration of an amendment to a strata	75.00
development contract
16	For supplying a copy of a strata development contract or	10.00
part of a strata development contract to any person attending an office of the Department of Lands
17	For supplying a copy of a strata development contract or	22.00
part of a strata development contract in response to a requisition requiring dispatch of information by post, facsimile or other means approved by the Registrar-General
18	For supplying a copy of any by-laws lodged with a strata	10.00
plan to any person attending an office of the Department of Lands