Strata Schemes Management Amendment (Fees) Regulation 2011 (NSW)

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2011 No 255

New South Wales

Strata Schemes Management

Amendment (Fees) Regulation 2011

under the

Strata Schemes Management Act 1996

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Strata Schemes Management Act 1996.

ANTHONY ROBERTS, MP

Minister for Fair Trading

Explanatory note
The object of this Regulation is to increase certain fees payable:

(a)	to the Registrar of the Consumer, Trader and Tenancy Tribunal, and
(b)	to the Director-General of the Department of Finance and Services,

Strata Schemes Management Act 1996

in connection with the administration of the . sections 108 (2), 109 (2), 162A (d), 209 (1) (b) and 246 (the general regulation-making power).

The fee increases are generally in line with movements in the Consumer Price Index (rounded
to the nearest dollar).

Published LW 27 May 2011	Page 1
2011 No 255
Clause 1	Strata Schemes Management Amendment (Fees) Regulation 2011

Strata Schemes Management Amendment (Fees)

Regulation 2011

under the

Strata Schemes Management Act 1996

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

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

2011 No 255

Strata Schemes Management Amendment (Fees) Regulation 2011

Amendment of Strata Schemes Management Regulation 2010	Schedule 1
Schedule 1	Amendment of Strata Schemes Management Regulation 2010

[1] Clause 19 Fees
Insert at the end of the clause:

(2) For the purposes of section 209 (1) (b) of the Act, the prescribed fee for the lodgment of an order under the Act is the fee payable for lodgment of a document under the Strata Schemes (Freehold Development) Act 1973 for which no specific fee is prescribed by the regulations under that Act.
Note. The relevant fee is prescribed by item 17 of Schedule 6 to the
Strata Schemes (Freehold Development) Regulation 2007.

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

Schedule 1 Fees

(Clause 19)

Item Type of fee Fee
Fees payable to Registrar
1 Lodgment of application for order by an $74
Adjudicator or the Tribunal
2 Lodgment of application requesting an interim $74
order by an Adjudicator
3 Lodgment of notice of appeal $74
4 Issue of summons to appear before the Tribunal $40
5 Copy of document (other than transcript), per page $2 per page or $28

(whichever is greater)

6 Copy of sound or audio-visual recording of “at cost”
evidence or proceedings, per cassette, disc or other
medium
7 Copy of written transcript of evidence or “at cost”
proceedings, per page

2011 No 255

Strata Schemes Management Amendment (Fees) Regulation 2011

Schedule 1

Amendment of Strata Schemes Management Regulation 2010

Item Type of fee Fee
Fee payable to Director-General
8 Application for mediation:

(a) if applicant is a full-time student or $5
pensioner
(b) in any other case $74
Fees payable to owners corporation

9 For making records available for inspection under $30 and an additional
section 108 of the Act $15 for each half-hour
or part of half-hour
after the first hour of
inspection

10

For giving a certificate under section 109 of the Act:

(a) if the request is an initial request or request $104 and an additional
made more than 3 months after a previous $52 for a further
request by the same person in respect of the certificate for a lot
same lot comprising a garage,
parking space or
storeroom that
services the lot the
subject of the first
certificate
(b) if the request is made not more than $90 and an additional
3 months after a previous request by the $45 for a further
same person in respect of the same lot certificate for a lot
comprising a garage,
parking space or
storeroom that
services the lot the
subject of the first
certificate

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Strata Schemes Management Amendment (Fees) Regulation 2011 (NSW)

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(2)	For the purposes of section 209 (1) (b) of the Act, the prescribed fee for the lodgment of an order under the Act is the fee payable for lodgment of a document under the Strata Schemes (Freehold Development) Act 1973 for which no specific fee is prescribed by the regulations under that Act.
Note. The relevant fee is prescribed by item 17 of Schedule 6 to the Strata Schemes (Freehold Development) Regulation 2007.

Item	Type of fee	Fee
Fees payable to Registrar
1	Lodgment of application for order by an	$74
Adjudicator or the Tribunal
2	Lodgment of application requesting an interim	$74
order by an Adjudicator
3	Lodgment of notice of appeal	$74
4	Issue of summons to appear before the Tribunal	$40

6	Copy of sound or audio-visual recording of	“at cost”
evidence or proceedings, per cassette, disc or other medium
7	Copy of written transcript of evidence or	“at cost”
proceedings, per page

(a)	if applicant is a full-time student or	$5
pensioner
(b)	in any other case	$74

9	For making records available for inspection under	$30 and an additional
section 108 of the Act	$15 for each half-hour or part of half-hour after the first hour of inspection
10	For giving a certificate under section 109 of the Act:

(a)	if the request is an initial request or request	$104 and an additional
made more than 3 months after a previous	$52 for a further
request by the same person in respect of the	certificate for a lot
same lot	comprising a garage, parking space or storeroom that services the lot the subject of the first certificate
(b)	if the request is made not more than	$90 and an additional
3 months after a previous request by the	$45 for a further
same person in respect of the same lot	certificate for a lot comprising a garage, parking space or storeroom that services the lot the subject of the first certificate