Subdivision (Registrar's Fees) Amendment Regulations 2013 (Vic)

Subdivision (Registrar's Fees) Amendment Regulations 2013

S.R. No. 32/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Fees for lodging documents

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 32/2013

Subdivision Act 1988
Transfer of Land Act 1958

Subdivision (Registrar's Fees) Amendment Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 13 March 2013

Responsible Minister:

RYAN SMITH
Minister for Environment and Climate Change

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Subdivision (Registrar's Fees) Regulations 2004 to convert certain fees payable to the Registrar of Titles under the Subdivision Act 1988, currently expressed in dollar amounts, to fee units within the meaning of the Monetary Units Act 2004.

2Authorising 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.

3Commencement

These Regulations come into operation on 1 July 2013.

4Fees for lodging documents

For regulation 6(1) of the Subdivision (Registrar's Fees) Regulations 2004[1] substitute—

"(1)The prescribed fee for the purposes of a section of the Act specified in column 2 of the table, for lodgement of a document described in column 3 of the table, is the relevant corresponding fee specified in column 4 of the table.

TABLE

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
1	22	Plan of subdivision other than a staged subdivision under item 2	57×57 fee units
plus for each lot in excess of 2 comprised in the plan	12×55 fee units
plus for each owners corporation 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	28×33 fee units
2	22	For a staged subdivision—
(a)    for the master plan	57×57 fee units
plus for each lot in excess of 2 comprised in the master plan	12×55 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
plus for each owners corporation 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	28×33 fee units
(b)    for a plan for the second or subsequent stage	57×57 fee units
plus for each lot in excess of 2 comprised in the plan for the second or subsequent stage	12×55 fee units
plus for each owners corporation 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	28×33 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
3	22	Plan of consolidation other than a consolidation referred to in section 32(j) of the Act	57×57 fee units
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	28×33 fee units
4	22(1B)	Application for service of a notice—for each mortgage, charge, lease, sublease, annuity or caveat in respect of which application is made	4×40 fee units
5	23	Plan of creation, variation or removal of an easement or condition in the nature of an easement in a Crown grant other than as referred to in section 32(i) of the Act	57×57 fee units
plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed	12×55 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
6	23	Plan for the creation, variation or removal of restriction other than as referred to in section 32(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	12×55 fee units
7	24A	Plan to vest land referred to in column 2 of the Table in section 24A(1) of the Act	17×60 fee units
plus for each reserve in excess of 2 vested	4×89 fee units
8	24A	Plan to remove, or vest and remove, a reservation, other than under item 7	57×57 fee units
plus for each reserve in excess of 2 affected	12×55 fee units
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	28×33 fee units
9	26	On every application for approval of a boundary plan	27×37 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
10	27E(1)	For any rules for an owners corporation, that accompany a plan creating an owners corporation or merging owners corporations	4×40 fee units
11	32AD	Plan to alter the boundaries of any land affected by the owners corporation as referred to in section 32(c) of the Act	57×57 fee units
plus for each lot in excess of 2 comprised in the plan	12×55 fee units
plus for each owners corporation 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	28×33 fee units
12	32AD	Plan to increase or reduce the number of lots affected by the owners corporation as referred to in section 32(d) of the Act	8×80 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
13	32AD	Plan to create new lots or new common property as referred to in section 32(e) of the Act	57×57 fee units
plus for each lot in excess of 2 comprised in the plan	12×55 fee units
plus for each owners corporation 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	28×33 fee units
14	32AD	Plan to create an owners corporation as referred to in section 32(f) of the Act	9×78 fee units
plus for each owners corporation in excess of one created by the plan	9×78 fee units
15	32AD	Plan dissolving an owners corporation as referred to in section 32(g) of the Act	4×40 fee units
plus for each owners corporation in excess of one comprised in the plan	4×40 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
16	32AD	Plan to merge with another owners corporation as referred to in section 32(h) of the Act	4×40 fee units
17	32AD	Plan to create, vary or remove an easement as referred to in section 32(i) of the Act	57×57 fee units
plus for each lot in excess of 2 over which the easement is to be created, varied or removed	12×55 fee units
18	32AD	Plan to create, vary or remove a restriction as referred to in section 32(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	12×55 fee units
19	32AD	Plan of consolidation as referred to in section 32(j) of the Act	57×57 fee units
plus for every plan supported by a survey required under section 95 of the Transfer of Land Act 1958	28×33 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
20	32AD	Plan to create, alter or extinguish lot entitlement or lot liability as referred to in section 32(k) of the Act	8×80 fee units
21	32AD	Plan to amend or cancel a scheme of development under the Cluster Titles Act 1974 as referred to in section 32(l) of the Act	8×80 fee units
22	32AD	Plan containing more than one alteration as referred to in section 32(a) to (l) of the Act instead of the fees that would otherwise be payable for each alteration separately	57×57 fee units
plus for each lot in excess of 2 comprised in the plan	12×55 fee units
plus for each owners corporation 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	28×33 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
23	32AI, 32A and 35	For a plan referred to in sections 32AI, 32A and 35 of the Act	the appropriate fee under section 22 of the Act as set out in items 1, 2 and 3 applies
24	32B	Plan to create an owners corporation	9×78 fee units
plus for each owners corporation in excess of one created by the plan	9×78 fee units
25	33(1)	Application to alter a lot entitlement or lot liability other than under section 32(k) of the Act	8×80 fee units
26	34(2)	Application to change the address of an owners corporation	4×40 fee units
27	34G(4)	Notice of application to Victorian Civil and Administrative Tribunal for an order that the owners corporation be wound up	4×40 fee units
28	34H(1)	Application to amend or cancel a registered plan in accordance with an order of the Victorian Civil and Administrative Tribunal	43×99 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
29	44(4A)	Application to amend 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
30	44(5)	Application to amend a plan to remove a restriction on a plan of strata subdivision or a plan of cluster subdivision—for each lot amended	4×40 fee units
31	44(5A)	Application to cancel or alter a scheme of development accompanying a plan of cluster subdivision	8×80 fee units

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ENDNOTES

[1] Reg. 4: S.R. No. 116/2004 as amended by S.R. Nos 45/2007, 8/2008 and 16/2012.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2012 is $12.53.  The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004.  The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.