Strata Schemes (Leasehold Development) Amendment (Fees) Regulation 2011 (NSW)

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2011 No 302

New South Wales

Strata Schemes (Leasehold

Development) Amendment (Fees)

Regulation 2011

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.

GREG PEARCE, MLC

Minister for Finance and Services

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 fee increases are generally in line with movements in the Consumer Price Index.

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 LW 24 June 2011	Page 1
2011 No 302	Strata Schemes (Leasehold Development) Amendment (Fees) Regulation
Clause 1	2011

Strata Schemes (Leasehold Development) Amendment

(Fees) Regulation 2011

under the

Strata Schemes (Leasehold Development) Act 1986

1 Name of Regulation
This Regulation is the Strata Schemes (Leasehold Development)
Amendment (Fees) Regulation 2011.

2 Commencement
This Regulation commences on 1 July 2011 and is required to be published on the NSW legislation website.

Strata Schemes (Leasehold Development) Amendment (Fees) Regulation	2011 No 302
2011
Amendment of Strata Schemes (Leasehold Development) Regulation 2007	Schedule 1
Schedule 1	Amendment of Strata Schemes (Leasehold Development) Regulation 2007

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 1,073.00
(b) comprising more than 2 lots 1,289.00

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 51.00
plan referred to in paragraph (a) above

(b) the first 6 hours occupied in the examination of the 51.00
plan referred to in paragraph (b) above

In addition, for the preparation and supply of a certificate 128.50
of title for lease of common property in a leasehold strata
scheme
In addition, for each lot shown on the plan 128.50
In addition, if the plan is accompanied by a copy of the 199.00
proposed by-laws for the leasehold strata scheme
In addition, if the plan is accompanied by a section 88B 99.50

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 99.50
instrument, for each easement to be released, irrespective
of the number of lots burdened or benefited
In addition, if the plan is lodged for registration as a strata 17.00
plan of consolidation—for each folio of the Register to be
consolidated

2011 No 302	Strata Schemes (Leasehold Development) Amendment (Fees) Regulation 2011
Schedule 1	Amendment of Strata Schemes (Leasehold Development) Regulation 2007

$

2 On lodgment of a substituted plan or any sheet of such a 99.50
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 99.50

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 99.50
(b) for each certificate or folio after the first 13.30
5 For examining a plan before lodgment:

(a) comprising no more than 2 lots 1,180.30
(b) comprising more than 2 lots 1,417.90

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 56.10
plan referred to in paragraph (a) above

(b) the first 6 hours occupied in the examination of the 56.10
plan referred to in paragraph (b) above

6 On lodgment of a notification of change of by-laws 99.50
7 On lodgment of a notice of conversion 99.50
8 On lodgment of a notification of change of address for 99.50
service of notices on an owners corporation
9 On lodgment of an order varying a leasehold strata scheme 99.50
10 On lodgment of an application for an order terminating a 99.50
leasehold strata scheme
In addition, for each quarter-hour or part of a quarter-hour 51.00
occupied in examining the application
11 On lodgment of an order terminating a leasehold strata 99.50
scheme
12 On lodgment of a certificate that the initial period has 99.50
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 328.00

Strata Schemes (Leasehold Development) Amendment (Fees) Regulation	2011 No 302
2011
Amendment of Strata Schemes (Leasehold Development) Regulation 2007	Schedule 1

$

14 On lodgment for registration of a strata development 215.00
contract
15 On lodgment for registration of an amendment to a strata 99.50
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 13.30
Property Information Division, Department of
Finance and Services
(b) by electronic means to any agent licensed by the 6.88
Land and Property Information Division,
Department of Finance and Services

(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 in 99.50
this Schedule

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(b)	the first 6 hours occupied in the examination of the	51.00
plan referred to in paragraph (b) above

In addition, for the preparation and supply of a certificate	128.50
of title for lease of common property in a leasehold strata scheme
In addition, for each lot shown on the plan	128.50
In addition, if the plan is accompanied by a copy of the	199.00
proposed by-laws for the leasehold strata scheme
In addition, if the plan is accompanied by a section 88B	99.50
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	99.50
instrument, for each easement to be released, irrespective of the number of lots burdened or benefited
In addition, if the plan is lodged for registration as a strata	17.00
plan of consolidation—for each folio of the Register to be consolidated

2	On lodgment of a substituted plan or any sheet of such a	99.50
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

4	On lodgment of an application to amend a plan	99.50
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	99.50
(b)	for each certificate or folio after the first	13.30

(b)	the first 6 hours occupied in the examination of the	56.10
plan referred to in paragraph (b) above
6	On lodgment of a notification of change of by-laws	99.50
7	On lodgment of a notice of conversion	99.50
8	On lodgment of a notification of change of address for	99.50
service of notices on an owners corporation
9	On lodgment of an order varying a leasehold strata scheme	99.50
10	On lodgment of an application for an order terminating a	99.50
leasehold strata scheme
In addition, for each quarter-hour or part of a quarter-hour	51.00
occupied in examining the application
11	On lodgment of an order terminating a leasehold strata	99.50
scheme
12	On lodgment of a certificate that the initial period has	99.50
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	328.00

14	On lodgment for registration of a strata development	215.00
contract
15	On lodgment for registration of an amendment to a strata	99.50
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	13.30
Property Information Division, Department of Finance and Services
(b)	by electronic means to any agent licensed by the	6.88
Land and Property Information Division, Department of Finance and Services
(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 in	99.50
this Schedule