Subdivision (Registrar's Fees) Amendment Regulations 2007 (Vic)

Subdivision (Registrar's Fees) Amendment Regulations 2007

S.R. No. 45/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Commencement

3Authorising provisions

4Fees for lodging documents

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 45/2007

Subdivision Act 1988
Transfer of Land Act 1958

Subdivision (Registrar's Fees) Amendment Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 5 June 2007

Responsible Minister:

JUSTIN MADDEN
Minister for Planning

RUTH LEACH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Subdivision (Registrar's Fees) Regulations 2004 to increase certain fees payable to the Registrar of Titles under the Subdivision Act 1988.

2Commencement

These Regulations come into operation on 1 July 2007.

3Authorising provisions

These Regulations are made under section 43 of the Subdivision Act 1988 and sections 97(1) and 120 of the Transfer of Land Act 1958.

4Fees for lodging documents

For the table of fees in Regulation 6 of the Subdivision (Registrar's Fees) Regulations 2004[1] substitute—

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Item	Details	Fees
1	Plan of subdivision other than under item 2	49×91 fee units
plus for each lot in excess of 2 comprised in the plan	10×89 fee units
plus for each body corporate in excess of one created by the plan	9×78 fee units
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	24×50 fee units
2	For a staged subdivision—
(a)  For the master plan	49×91 fee units
plus for each lot in excess of 2 comprised in the master plan	10×89 fee units
plus for each body corporate in excess of one created by the master plan	9×78 fee units
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	24×50 fee units
(b)  For a plan for the second or subsequent stage	49×91 fee units
plus for each lot in excess of 2 comprised in the plan for the second or subsequent stage	10×89 fee units
plus for each body corporate in excess of one created by the plan in the second or subsequent stage	9×78 fee units

Item	Details	Fees
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	24×50 fee units
3	Plan of consolidation other than under item 21 plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	49×91 fee units 24×50 fee units
4	Plan of creation, variation or removal of an easement or condition in the nature of an easement in a Crown grant other than under item 19	49×91 fee units
plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed	10×89 fee units
5	Plan for the creation, variation or removal of restriction other than under item 19	8×80 fee units
plus for each lot in excess of 2 over which the restriction is to be created, varied or removed	10×89 fee units
6	Application to amend a plan to no longer show a restricted unit on a plan of strata subdivision or a restricted lot on a plan of cluster subdivision—for each lot amended	4×40 fee units
7	Application to amend or alter a schedule of lot entitlement or lot liability other than under item 22	8×80 fee units
8	For any additional rules or amendment or revocation of the additional rules including recording additional rules which accompany a plan creating a body corporate or merging bodies corporate	4×40 fee units
9	Notice of application to a court for an order that the body corporate be wound up	4×40 fee units
Item	Details	Fees
10	Application to amend or cancel a registered plan in accordance with an order by the court	43×99 fee units
11	Application to change the address for service of notices on the body corporate	4×40 fee units
12	Application to cancel or alter a scheme of development accompanying a plan of cluster subdivision under section 44(5A) of the Act	8×80 fee units
13	Plan to alter the boundaries of any land affected by the body corporate under section 32(1)(c) of the Act	49×91 fee units
plus for each lot in excess of 2 comprised in the plan	10×89 fee units
plus for each body corporate in excess of one created by the plan	9×78 fee units
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	24×50 fee units
14	Plan to increase or reduce the number of lots affected by the body corporate under section 32(1)(d) of the Act	8×80 fee units
15	Plan to create new lots or new common property under section 32(1)(e) of the Act	49×91 fee units
plus for each lot in excess of 2 comprised in the plan for the second or subsequent stage	10×89 fee units
plus for each body corporate in excess of one created by the plan in the second or subsequent stage	9×78 fee units
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	24×50 fee units

Item	Details	Fees
16	Plan to create a body corporate under section 32(1)(f) of the Act	9×78 fee units
plus for each body corporate in excess of one created by the plan	9×78 fee units
17	Plan dissolving a body corporate under section 32(1)(g) of the Act	4×40 fee units
plus for each body corporate in excess of one comprised in the plan	4×40 fee units
18	Plan to merge with another body corporate under section 32(1)(h) of the Act	4×40 fee units
19	Plan of creation, variation or removal of an easement or condition under section 32(1)(i) of the Act	49×91 fee units
plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed	10×89 fee units
20	Plan of creation, variation or removal of a restriction under section 32(1)(i) of the Act	8×80 fee units
plus for each lot in excess of 2 over which the restriction is to be created, varied or removed	10×89 fee units
21	Plan of consolidation under section 32(1)(j) of the Act	49×91 fee units
plus for every plan supported by a survey required under section 95 of the Transfer of Land Act 1958	24×50 fee units
22	Plan of creation, alteration or extinguishment of lot entitlement or lot liability under section 32(1)(k) of the Act	8×80 fee units
23	Plan for amendment or cancellation of a scheme of development under the Cluster Titles Act 1974 under section 32(1)(l) of the Act	8×80 fee units

Item	Details	Fees
24	Plan containing more than one alteration as referred to in sections 32(1)(a), (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), (1)(h), (1)(i), (1)(j), (1)(k), (1)(l) of the Act instead of the fees that would otherwise be payable for each alteration separately	49×91 fee units
plus for each lot in excess of 2 comprised in the plan	10×89 fee units
plus for each body corporate in excess of one created by the plan	9×78 fee units
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	24×50 fee units
25	For a plan referred to in sections 32(3), 32A and 35 of the Act	the appropriate fee in item 1 or item 3 applies
26	Amendment of a plan to no longer show an accessory lot as an accessory lot on a plan of strata subdivision or a plan of cluster subdivision—for each lot amended	4×40 fee units
27	Application for service of a notice—for each mortgage charge lease sublease annuity or caveat in respect of which application under section 22(1B) of the Act is made	4×40 fee units
28	Plan to vest land referred to in column 2 of the Table in section 24A of the Act	17×60 fee units
plus for each reserve in excess of 2 vested	4×89 fee units

Item	Details	Fees
29	Plan to remove or vest and remove a reservation under section 24A of the Act other than under item 28	49×91 fee units
plus for each reserve in excess of 2 effected	10×89 fee units
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	24×50 fee units
30	On every application for approval of a boundary plan pursuant to section 26 of the Act	27×37 fee units
31	Plan to create a body corporate under section 32B of the Act	9×78 fee units
plus for each body corporate in excess of one created by the plan	9×78 fee units
32	Any other instrument, application or document for which a fee is not specified in these Regulations or under the Transfer of Land Act 1958	8×80 fee units
33	On every application, instrument or document sent by post or left for lodgement at the Office of Titles under cover and accepted by the Registrar for lodgement—additional fee of	$5.00

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ENDNOTES

[1] Reg. 4: S.R. No. 116/2004.