Subdivision (Registrar's Fees) Regulations 2016 (Vic)
Version No. 001
Subdivision (Registrar's Fees) Regulations 2016
S.R. No. 30/2016
Version as at
1 July 2016
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Revocation
5Definition
6Prescribed fees
7Miscellaneous fees and amounts
Schedule 1—Prescribed fees
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Subdivision (Registrar's Fees) Regulations 2016
S.R. No. 30/2016
Version as at
1 July 2016
1Objective
The objective of these Regulations is to prescribe fees payable to the Registrar under the Subdivision Act 1988.
2Authorising provisions
These Regulations are made under—
(a)section 43 of the Subdivision Act 1988; and
(b)sections 97(1) and 120 of the Transfer of Land Act 1958.
3Commencement
These Regulations come into operation on 1 July 2016.
4Revocation
The Subdivision (Registrar's Fees) Interim Regulations 2015[1] are revoked.
5Definition
In these Regulations, the Act means Subdivision Act 1988.
6Prescribed fees
For the purposes of a section of the Act specified in Column 2 of Schedule 1, the prescribed fee is the amount specified in Column 4 of Schedule 1 opposite the description of that section specified in Column 3 of Schedule 1.
7Miscellaneous fees and amounts
(1)The prescribed fee for the lodgment of any owners corporation rules made or amended in accordance with Part 8 of the Owners Corporations Act 2006 for recording by the Registrar is 3·32 fee units.
(2)The prescribed fee for the allocation by the Registrar of a plan number is $10.00.
Schedule 1—Prescribed fees
Regulation 6
| Column 1 | Column 2 | Column 3 | Column 4 |
| Item | Section of Act | Description | Fee and amounts |
| 1 | 22(1) | Lodgment by the applicant of a certified plan of subdivision (excluding a staged plan of subdivision) for registration by the Registrar | 41·88 fee units |
| for each parcel of land created | per parcel 12·95 fee units | ||
| 2 | 22(1) | Lodgment by the applicant of a staged plan of subdivision for registration by the Registrar— | |
| (a) for the master plan | 41·88 fee units | ||
| for each parcel of land created | per parcel 12·95 fee units | ||
| (b) for a plan for the second or a subsequent stage | 41·88 fee units | ||
| for each parcel of land created | per parcel 12·95 fee units | ||
| 3 | 22(1) | Lodgment by the applicant of a plan of consolidation for registration by the Registrar | 41·88 fee units |
| 4 | 22(1B) | Application to the Registrar for service of a notice on each mortgagee, chargee, lessee, sub-lessee, annuitant or caveator who has not consented to the registration of a plan | 6·65 fee units |
| 5 | 23(1) | Lodgment by the applicant of a certified plan to create, remove or vary an easement or a condition in the nature of an easement in a Crown grant for registration by the Registrar | 41·88 fee units |
| 6 | 23(1) | Lodgment by the applicant of a certified plan to create, remove or vary a restriction for registration by the Registrar | 6·65 fee units |
| 7 | 24A(1) | Lodgment by the applicant of a certified plan to vest land (other than under item 8) for registration by the Registrar | 13·30 fee units |
| 8 | 24A(1) | Lodgment by the applicant of a certified plan to remove, or vest and remove, a reservation for registration by the Registrar | 41·88 fee units |
| for each parcel of land created | per parcel 12·95 fee units | ||
| 9 | 26(1) | Application for approval of a boundary plan by the Registrar | 13·30 fee units |
| 10 | 27E(1) | Lodgment of any owners corporation rules that accompany a plan creating an owners corporation or that merges owners corporations for recording by the Registrar | 3·32 fee units |
| 11 | 27H(2) | Application by an owners corporation to the Registrar to record the alteration of the purposes of the owners corporation | 6·65 fee units |
| 12 | 27H(3) | Application by an owners corporation to the Registrar to record the alteration of the functions or obligations of the limited owners corporation that are to be complied with by the unlimited owners corporation | 6·65 fee units |
| 13 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to alter the boundaries of any land under section 32(c) of the Act | 41·88 fee units |
| for each parcel of land created | per parcel 12·95 fee units | ||
| 14 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to increase or reduce the number of lots under section 32(d) of the Act | 6·65 fee units |
| 15 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to create new lots or new common property under section 32(e) of the Act | 41·88 fee units |
| for each parcel of land created | per parcel 12·95 fee units | ||
| 16 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to create a new owners corporation under section 32(f) of the Act | 6·65 fee units |
| 17 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to dissolve itself under section 32(g) of the Act | 6·65 fee units |
| 18 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to merge with another owners corporation under section 32(h) of the Act | 6·65 fee units |
| 19 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to create, vary or remove an easement under section 32(i) of the Act | 41·88 fee units |
| 20 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to create, vary or remove a restriction under section 32(i) of the Act | 6·65 fee units |
| 21 | 32AD(1) | Lodgment by an owners corporation of a plan of consolidation for registration by the Registrar under section 32(j) of the Act | 41·88 fee units |
| 22 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to create, alter or extinguish lot entitlement or lot liability under section 32(k) of the Act | 6·65 fee units |
| 23 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to amend or cancel a scheme of development under the Cluster Titles Act 1974 under section 32(l) of the Act | 6·65 fee units |
| 24 | 32AD(1) | Lodgment by an owners corporation of a plan for registration by the Registrar to make more than one alteration under section 32(a) to (l) of the Act | aggregate fee of each individual item to a maximum of 41·88 fee units plus 12·95 fee units for each parcel of land created |
| 25 | 32AI(2) | Lodgment by the applicant of a plan of consolidation, subdivision or alteration for registration by the Registrar | 41·88 fee units |
| for each parcel of land created | per parcel 12·95 fee units | ||
| 26 | 32A(1) | Lodgment by the applicant of a plan of consolidation or re-subdivision for registration by the Registrar | 41·88 fee units |
| for each parcel of land created | per parcel 12·95 fee units | ||
| 27 | 32B(1) | Lodgment by the applicant of a plan to create an owners corporation for registration by the Registrar | 6·65 fee units |
| 28 | 33(1) | Application by an owners corporation to the Registrar to alter lot entitlement or lot liability | 6·65 fee units |
| 29 | 34(2) | Application by an owners corporation to inform the Registrar of a change of address | 2·05 fee units |
| 30 | 34G(4) | Notice to the Registrar to record the application to the Victorian Civil and Administrative Tribunal for an order that the owners corporation be wound up | 3·32 fee units |
| 31 | 34H(1) | Application to the Registrar to amend or cancel a plan in accordance with an order of the Victorian Civil and Administrative Tribunal made under section 34G | 13·30 fee units |
| 32 | 35(1) | Lodgment by an acquiring authority of a plan for registration by the Registrar | 41·88 fee units |
| for each parcel of land created | per parcel 12·95 fee units | ||
| 33 | 44(4A) | Application by an owner to the Registrar to amend a plan to show a lot as no longer being an accessory lot—for each lot | 3·32 fee units |
| 34 | 44(5) | Application by an owner to the Registrar to amend a plan to show a lot as no longer being a restricted lot—for each lot | 3·32 fee units |
| 35 | 44(5A) | Application by an owners corporation to the Registrar to cancel or alter a scheme of development accompanying a plan of cluster subdivision | 6·65 fee units |
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Subdivision (Registrar's Fees) Regulations 2016, S.R. No. 30/2016 were made on 19 April 2016 by the Governor in Council under section 43 of the Subdivision Act 1988, No. 53/1988 and sections 97(1) and 120 of the Transfer of Land Act 1958, No. 6399/1958 and came into operation on 1 July 2016: regulation 3.
The Subdivision (Registrar's Fees) Regulations 2016 will sunset 10 years after the day of making on 19 April 2026 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Subdivision (Registrar's Fees) Regulations 2016 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 4: S.R. No. 105/2015.
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