Transfer of Land Amendment Regulations 1990 (WA)

3692 GOVERNMENT GAZETTE, WA [3 August 1990

which they are published in the Gazette.

TRANSFER OF LAND ACT 1893

TRANSFER OF LAND AMENDMENT REGULATIONS 1990

Made by the Commissioner of Titles and approved by His Excellency the

Governor in Executive Council.

Citation

1. These regulations may be cited as the Transfer of Land Amendment

Regulations 1990.

Commencement

2. These regulations shall come into operation on the 31st day after the day on

3 August 1990] GOVERNMENT GAZETTE, WA 3693

Regulation 6 repealed and a regulation substituted
3. Regulation 6 of the Transfer of Land Regulations 1972* is repealed and the
following regulation is substituted-

6. The fees prescribed under the respective part headings in this regula- tion are payable to the Registrar in respect of the services and matters specified and these part headings are, notwithstanding section 32 (2) of the Interpretation Act 1984, deemed to be part of the written law.

Table of Fees

The fees are set out under the Part headings—

Part 1—Registrations and Recordings
Part 2—Lodgements
Part 3—Withdrawals
Part 4—Applications
Part 5—Certificates
Part 6—Searches and Copies of Documents
Part 7—Posting
Part 8—Assurance Fund
Part 9—Miscellaneous
P" -4 10—Exemptions

Part 11—Microfiche and Digital Products

Part 1—Registrations and Recordings

1. Of a transfer of a mortgage or charge—

first mortgage or charge	52.00
subsequent mortgage or charge	12.00

2.	Of a transfer if a stamp duty assessed under item 6 of the Second Schedule to the Stamp Act 1921 or exempted under section 75AA or 75AB of that Act before lodgement for registration or exempt under the Third Schedule to that Act	52.00 .
3.	Of a transfer of a lease, surrender, easement or restrictive
covenant	52.00
4.	Of any other transfer where the value of the consideration or the value as assessed under the Stamp Act 1921, whichever is the greater—

does not exceed $85 000	52.00
exceeds $85 000 but does not exceed $120 000	59.00
exceeds $120 000	66.00
plus for each whole or part $50 000 above $150 000	5.00

Note: Where—

(a)	stamp duty is assessed on a parcel of land;
(b) transfers are lodged for parts of that parcel; and
(c)	a separate value for each part is not allocated in the

contract,

the fee for registering and recording the first of the transfers lodged for registration shall be assessed under item 4 on the value as assessed under the Stamp Act 1921 of the parcel and subject to proof of the payment of that fee, the fee for registering and recording each of the second and subsequent of the transfers shall be 52.00

Note: The fees specified in items 1 to 4 include the issue of a new certificate of title where such certificate is required by the Registrar

5. Of a mortgage or charge or of a whole or partial discharge of a mortgage or charge—for each interest 52.00

6. Of an extension of a mortgage or charge 52.00

7.	Of a Crown grant, a Crown lease or of a freehold lease or sub-lease or extension of a freehold lease	52.00
8.	Of a memorial under section 46 of the Land Tax Assessment

Act 1976 52.00

9. Of a certificate of trustees under section 33 of the Friendly Societies Act 1894 46.00

3694 GOVERNMENT GAZETTE, WA [3 August 1990

10. Of an order of the Supreme Court, a warrant of a Local

52.00

Court or a writ of lien i facias

52.00

11. Of revocation of a power of attorney

Part 2-Lodgements

1.	Of a caveat, a power of attorney or a declaration of a trust	52.00
2.	Of a plan or diagram-

general fee	86.00
for each lot	35.00

3.Of a duplicate certificate of title or lease for the registration

or recording of a dealing lodged by a third party-

for the first certificate of title or lease for each subsequent certificate of title or lease	22.00
5.50

Part 3-Withdrawals

Of a caveat, warrant of a Local Court, writ of fieri facias or

1.

a memorial under section 46 of the Land Tax Assessment

52.00

Act 1976

2. Of a document from registration or recording 20.00

Part 4-Applications

1.For a new certificate of title in respect of undivided shares

in land-

for one certificate	52.00
for each additional certificate	5.50

2. For a new certificate of title in any other case 52.00

Note: No fees are payable in respect of the issue of any certificate of title by the Registrar under regulation 4 (2) or 5.

3.To amend certificates of title of other owners affected by

section 170-

for each certificate of title affected 52.00

4. An application in respect of any matter not specifically

provided for 52.00

Part 5-Certificates

1.For the issue of a certificate of title, either on request or

where necessary in connection with an application or

process (except where this service is included in another fee) 52.00

35.00

2.For a search certificate

3. For a certificate of ownership issued under section 655 (1)

(b) (ii) of the Local Government Act 1960 35.00

4. For certification by the Registrar of a certificate of title,

Crown lease, plan, diagram or other document 35.00

Part 6-Searches and Copies of Documents

Searches

3.50

1.Of names index-each name

2. Of a Crown lease or permit if number is known (including

photocopy) 6.50

3.Of a certificate of title where number is known (including

photocopy)-

where required as a result of a check search	4.00
in other cases	6.50

4. Of a plan, diagram or other document not specifically

provided for 6.50

5. For the number of a certificate of title, Crown lease or

permit 3.50
6.	Of Office of Titles index plans where photocopy is requested 6.50 2.50

7. Check search

3 August 1990] GOVERNMENT GAZETTE, WA 3695

8.By enquiry from a privately owned data terminal-

search of the survey lot file, strata lot file or Crown allotment file for the number of a certificate of title, Crown lease or permit or search of the names index- for each name-

up to 3 screens of information	3.50
for each additional screen of information	0.60
search of the names index file by title number	1.10
check search	2.50

and in all cases the fee includes the taking of a hard copy

print.

Copies of Documents

9.For a photocopy supplied in connection with a search of a

plan, diagram or other document not specifically provided for-no fee for up to 4 pages by electrostatic copier or 1 page by dyeline process but above those quantities-

electrostatic copy-per page	0.60
dyeline process copy-per page	5.00

10. The fee for a copy of a document by a process other than

electrostatic or dyeline is the fee assessed in each case by
the Registrar but which shall not exceed the cost.

11. For a copy of a certificate of title, plan, diagram or other

document sent by facsimile transmission-

up to 4 pages	3.50
each additional page	0.50

12. For a copy of a check search of a certificate of title sent by

facsimile transmission 2.00

Note: The fees specified in items 11 and 12 are payable in addition to the fees payable for photocopying in respect of the services concerned.

Part 7-Posting

1.	For posting by request search information	5.50
2.	For posting material weighing over 50 grams or material
overseas-$5.50 plus such additional costs as are assessed in each case by the Registrar.
3.	Posting of microfiche index sets or microfiche valuation map
sets (per annum)-

first set	38.00
each additional set	22.00

4.Posting of sales evidence microfiche sets (per annum)-

weekly service-one copy 60.00

weekly service-each additional copy 22.00

monthly service-one copy	22.00
monthly service-each additional copy	9.00
6 monthly service-one copy	9.00
6 monthly service-each additional copy	5.00

Part 8-Assurance Fund

1. An Assurance Fund contribution is payable on first bringing freehold land under the operation of the Act, whether by application or Crown grant, and on the issue of a certificate of title to a proprietor by possession.

For each dollar of the value of the land

a c 0. 2 f e t

Part 9-Miscellaneous

1.	For production of permit	52.00
2.	For advertising-

minimum fee (payable on lodgement of application)	61.00
plus actual cost above $61.00 (payable when actual cost is known).

A76821-3

3696 GOVERNMENT GAZETTE, WA [3 August 1990

3. The fee for-

(a)	a map or a colouring of a map on a copy of a
certificate of title, Crown lease, plan, diagram or other document; or

the drafting of a plan, diagram or other document,

is the fee assessed by the Registrar but which shall not
exceed the cost of providing the service.

(b)

4.	For the production, colouring and delivery of copies of a plan or diagram to the Department of Planning and Urban Development	35.00
5.	For authorized electronic transfer of data held by the Office of Titles (in addition to fees for each access)-an annual subscription fee	65.00
Note: The first annual subscription fee includes one enquiry and user manual per terminal and training for up to 3 staff members. For additional training-per session	100.00

6. For dispensing with the production of a duplicate of a

certificate of title or other instrument 52.00

7. Supply of statement of grounds	52.00
8. Order for stay of registration under section 148 of the Act	52.00
9. Sale of practice manual	52.00
10. Where charged by the Registrar, for a plan, diagram or other document on which requisitions are raised	20.00
11. For sending 14 days notice on a caveat-

each caveat 52.00

12. Cancellation of a plan or diagram	40.00
13. Excision of lots etc. from a plan or diagram	20.00

Part 10-Exemptions

An exemption is granted from the payment of prescribed fees in respect of the following matters-

1.Lodgement or withdrawal of a memorial under section 412A

or 584 of the Local Government Act 1960 or section 124A of the Metropolitan Water Supply, Sewerage and Drainage Act 1909.

2.In respect of the transfer of loans for housing to financial

institutions participating in the Home Buyers Guarantee Scheme of the State from other financial institutions, fees for the registration of a mortgage or of the discharge of a mortgage, photocopy of a certificate of title, search of a plan, diagram or other document and photocopying and check search.

3.In respect of the lodging by a person of or the use by a third

party of a duplicate certificate of title or lease for a purpose

referred to in either of the two items above. Part 11-Microfiche and Digital Products

Microfiche

1. Index sets-per annum rental fee-

(a)	Names index in owner name order to obtain certi-
ficate of title 750.00
(b)	Names index in certificate of title order to obtain
survey lot reference and owner name 750.00
(c)	Survey lot index in plan/diagram order to obtain lot
and certificate of title reference 150.00
(d)	Strata indexes in strata plan order to obtain build-

ing name and in building name order to obtain

strata plan 380.00

(e) Crown allotment index for all non-subdivided land 300.00

(f)	Ex-owners' index for land disposals since September
1981 300.00
(g)	Street address index in street name order to obtain
parcel identifier 300.00

(h)	Crown reserves in numerical order	750.00
(i)	Land identifier to mapsheet	530.00

3 August 19901 GOVERNMENT GAZETTE, WA 3697

2. Valuation map microfiche-per annum rental fee- full set (6319 as at November 1989)-per card part sets-	$
0.65

up to 100 cards-per card	5.30
100 cards	530.00
plus per card over 100 up to 1 000	1.10
1 000 cards	1 520.00
plus per card over 1 000	:165

3. Sales evidence sets-per annum rental fee-

(a)

Full set-

weekly	2 160.00
monthly	1 730.00
6 monthly	870.00

(b)

Metro (non strata) set-

weekly	1 460.00
monthly	1 130.00
6 monthly	570.00

(c)

Country (non strata) set-

weekly	870.00
monthly	700.00
6 monthly	350.00

(d)

Strata (State wide) set-

weekly	350.00
monthly	290.00
6 monthly	135.00

Note 1: The weekly service includes the monthly and 6

monthly updates.

A full set includes all the sets.

Note 2: Additional sets of the same set are 20% of the cost

of the first set.

4. Index plan microfiche-

per set to purchase	500.00
daily updates per set-per annum	1 800.00

Digital Products

5. For obtaining data from a computerized data base (if not prescribed elsewhere in this regulation)-

Hardcopy Digital

(a) Primary constructs (lines, arcs, strings, 11c

2.7c

string points)-per polygon

(b)	Polygon (boundary points)-per polygon N/A	lOc
(c)	Polygon (centroids)-per polygon	1.1c	2.2c

(d) Thxt items (E.g. - P1, CT etc.)-per item 2.7c 5.5c

(e) Updates of (a), (b), (c) or (d)-at the same

rates as in (a), (b), (c) or (d).

(1) Minimum charge - $80.00

Note: Products include computer generated plots and

reports.

6. For access to data in the Land Information Access System- $

per terminal per month	1 150.00
plus, where access is via a controller port-

per month for 24 months	550.00
per month after 24 months	nil ".

[*Reprinted in the Gazette of 13 August 1981 at pp. 3291-98. For amendments

to 12 July 1990 sec p.	365 of 1989 Index to the Legislation of Western Australia.]
Dated 19 July 1990.

D. L. MULCAHY, Commissioner of Titles.

Approved by His Excellency the Governor in Executive Council.

G. PEARCE, Clerk of the Council.