Transfer of Land Amendment Regulations 1992 (WA)
| 3212 | GOVERNMENT GAZETTE, WA | [10 July 1992 |
| LA301 | ||
| TRANSFER OF LAND ACT 1893 |
TRANSFER OF LAND AMENDMENT REGULATIONS 1992
Made by the Commissioner of Titles and approved by His Excellency the
Lieutenant-Governor and Administrator in Executive Council.
Citation
1. These regulations may be cited as the Transfer of Land Amendment
Regulations 1992.
Commencement
2. These regulations shall come into operation on the 31st day after the day
on which they are published in the Gazette.
Schedule 1 repealed and
a Schedule substituted3. Schedule 1 to the Transfer of Land Regulations 1972* is repealed and
the following Schedule is substituted -
SCHEDULE 1
{Reg. 6]
FEES PAYABLE TO TIlE REGISTRAR
PART 1- REGISTRATIONS AND
RECORDINGS $
1. Of a transfer of a mortgage or charge -
first mortgage or charge 62.00 subsequent mortgage or charge 13.00
2. Of a transfer if stamp duty is assessed under item 6 of the Second Schedule to the
Stamp Act 1921 or is exempted under section 75AA, 75AB or 119 of that Act
before lodgment for registration, or is exempt under the Third Schedule to that Act 62.00 3. Of a transfer of a lease, surrender,
easement or restrictive covenant 62.00
parcel; and 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 62.00 exceeds $85 000 but does not exceed $120 000 72.00 exceeds $120 000 but does not exceed $200 000 93.00 PLUS, for each whole or part $100 000 above $200 000 20.00
NOTE: Where -
a stamp duty is assessed on a parcel of
land;b transfers are lodged for parts of that
10 July 1992] GOVERNMENT GAZETTE, WA 3213
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 thepayment of that fee, the fee for registerin
and recording each of the second an
subsequent of the transfers is - 62.00
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 62.00 6. Of an extension of a mortgage or
charge - for each interest 62.00 7.
Of a Crown grant, a Crown lease or of a freehold lease or sub-lease or extension of a freehold lease 62.00 8. Of a memorial under section 46 of the Land Tax Assessment Act 1976 or any other Act
or Commonwealth Act unless exempted
from payment under that Act 62.00 9. Of a certificate of trustees under section 33
of the Friendly Societies Act 1894 62.00 10. Of an order of the Supreme Court, a
warrant of a Local Court or a writ of
fieri facias 62.00 11.
Of revocation of a power of attorney 62.00
PART 2-LODGMENTS $
Of a caveat a power of attorney or a
declaration of trust 62.00 2. Of a plan or diagram
general fee 110.00
for each lot 45.00
A lodgement fee is not payable where a lot
vests in the Crown under section 20A of the
Town Planning and Development Act 19283. Of a plan or diagram accepted under
regulation 44 of the Licensed Surveyors
Transfer ofLand Act 1893 Regulations -
general fee 110.00 for each lot or part lot incorporated into such a plan or diagram 45.00
4. 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 31.00 for each subsequent certificate of title or lease 6.00
| 3214 | GOVERNMENT GAZETTE, WA | [10 July 1992 |
PART 3- WITHDRAWALS $ 1. Of a caveat, warrant of a Local Court, writ of fieri facias or a memorial under section 46 of the Land Tax Assessment Act 1976 or any other Act or Commonwealth Act unless exempted from payment under that Act
62.00
2. Of a document from registration or
recording 31.00
PART 4- APPLICATIONS $
1. For a new certificate of title in respect of undivided shares in land -
for one certificate 62.00 for each additional certificate 6.00
2. For a new certificate of title in any other
case 62.00
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
62.00
4. An application in respect of any matter not specifically provided for 62.00
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
62.00
2.
For a certificate of ownership issued under section 655 1 b ii of the Local
Government Act 1960 62.00 3.
For certification by the Registrar of a certificate of title, Crown lease, plan, diagram or other document
62.00
PART 6- SEARCHES AND COPIES OF DOCUMENTS $
1. Of names index - each name 4.00 2. Of a Crown lease or permit where number
is known including photocopy 8.00 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 8.00
4. Of a plan or diagram 8.00 5. Of other documents not specifically provided for 8.00 6. For the number of a certificate of title, Crown lease or permit 4.00 7. Of Office of Titles index plans where a photocopy is requested 8.00
| 10 July 1992] | GOVERNMENT GAZETTE, WA | 3215 |
$
8. Check search 4.00 9. By inquiry 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 4.00 for each additional screen of information 0.70
search of the names index file by -
title number 1.30 check search 4.00 and in all cases the fee includes the taking
of a hard copy print.
PART 7- POSTING $
For posting by request search information 6.50 2. For posting material weighing over 50 grams or material overseas - $6.50 plus such additional costs as are assessed in
each case by the Registrar.
PART 8- ASSURANCE FUND
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 - 0.2 of a cent.
PART 9- MISCELLANEOUS $
1. For production of permit 62.00 2. For advertising -
minimum fee payable on lodgment of
application 62.00 PLUS actual cost above $62.00
payable when actual cost is known.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
b the drafting of a plan, diagram or
other documentis the fee assessed by the Registrar but which shall not exceed the cost of providing the service.
4.
For the co-ordination and delivery of a plan or diagram to the Department of Planning and Urban Development and collection of the same including the cost of the preparation of prints
53.00
07257-3
| 3216 | GOVERNMENT GAZETTE, WA | [10 July 1992 |
$
5. Annual subscription fee for the authorized electronic access to data held by the Office
of Titles additional to fees for each access 75.00 NOTE: The first annual subscription fee includes one inquiry and user manual per
subscription and training for up to 3 staff
members.
For additional training - per session 115.00 6.
For dispensing with the production of a duplicate of a certificate of title or other instrument 62.00 7.
Supply of statement of grounds 62.00 8. Order for stay of registration under section
148 of the Act 62.00 9.
Sale of practice manual 62.00 10. Where charged by the Registrar-for a
document on which requisitions are raised 31.00 11. Where charged by the Registrar - for a plan diagram or other survey document on
whic’h requisitions are raised 63.00 12.
For sending 14 days notice on a
caveat - each caveat 62.00 13.
Cancellation of a plan or diagram 63.00 14. Excision or addition of lots, easements etc.
from/to a plan or diagram 42.00 if a plan or diagram has been certified
correct, an additional fee of 53.00 PART 10- EXEMPTIONS
The following matters are exempt from the payment of prescribed fees -
1. Lodgment or withdrawal of a memorial under -
a section 297A, 412A or 584 of the Local Government Act 1960; b section 124A of the
Metropolitan Water Supply Sewerage and Drainage Act
* 1909;
c sections 12BA, 12BB and 12EA of the Country Areas Water Supply Act 1947; or d section 66 of the Environmental
Protection Act 1986.2. 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 the discharge of a mortgage, photocopy of a certificate of title, search of a plan, diagram or other document and photocopying or check search.
| 10 July 1992] | GOVERNMENT GAZETTE, WA | 3217 |
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 2 items above.
4.
To amend the address of the registered proprietor on the certificate of title.
5. An application for the issue of a crown land record for crown land and an endorsement
on the record of details of -
a
the creation of a reserve under sections 8, 10 and 13 of the
Conservation and Land Management
Act 1984;
b notices under sections 9 and 10 of the
Marine and Harbours Act 1981;c proclamations or notices under the Mining Act 1978; d a vesting in a relevant Port Authority under the -
i Albany Port Authority Act 1926; ii Bunbuy Port Authority Act
1909;iii Dampier Port Authority Act 1985;
iv Esperance Port Authority Act 1968; v Fremantle Port Authority Act 1902; vi Geraldton Port Authority Act
1968; orvii Port Hedland Port Authority
Act 1970;
e the declaration of a water reserve or catchment area under section 13 of the Metropolitan Water Supply, Sewerage and Drainage Act 1909;
f a soil conservation reserve under
section 22 or 26 of the Soil Conservation Act 1945.
PART 11- MICROFICHE AND
DIGITAL PRODUCTS $
A. Microfiche
1. Index sets - rental fee per annum -
a
Names index in owner name order to obtain certificate of title and survey lot references
880.00
b Names index in certificate of title order to obtain survey lot reference and owner name 880.00 c
Survey lot index in plan/diagram order to obtain lot and certificate of title reference
166.00
d Strata indexes in strata plan order to obtain building name and in building name order to obtain strata plan reference
360.00
| 3218 | GOVERNMENT GAZETTE, WA | [10 July 1992 |
$
e Crown allotment index for all non-
subdivided land 360.00 f Ex-owners index for land disposals
since September 1981 * 360.00 g Street address index in street name order to obtain land parcel identifier
and certificate of title reference 332.00 h
Crown reserves in numerical order 880.00 i Land parcel identifier to mapsheet in land parcel identifier order to obtain valuation map, Office of Titles index
plan and public plan references 360.00 2. Valuation map microfiche - rental fee per annum -
full set 5973 as at January
1991 - per map 0.75 part sets -
up to 100 maps 6.00 - per map
100 maps 600.00 PLUS per map over 100 up to 1000 1.30 1000 maps 1 770.00 PLUS per map over 1000 0.75
3. Sales evidence microfiche sets - purchase fee per annum -
a Full set -
weekly 2 480.00 monthly 1 984.00 6 monthly 992.00
b Metro non strata set -
weekly 1 615.00
monthly 1 250.00 6 monthly 630.00
c Country non strata set -
weekly 496.00 monthly 396.80 6 monthly 198.40
d Strata State-wide set -
weekly 372.00 monthly 297.60 6 monthly 148.80
NOTE 1: A full set includes all the sets.
NOTE 2: The weekly service includes the monthly and 6 monthly updates.
NOTE 3: Additional sets of the same set
are 20% of the cost of the first set.
10 July 1992] GOVERNMENT GAZETTE, WA 3219 4. Index plan microfiche -
* per set to purchase 569.00
daily updates per set per annum 2 047.00
B, Digital products
5. For obtaining data from a computerised
data base if not prescribed elsewhere in
this Schedule -
Hard Digital
copy
a
Primary constructs lines, arcs, strings, string points - per polygon
3.1
12.3çt
b Polygon boundary points - per polygon n/a 12.3t
c Polygon centroids - per polygon 1.2 2.6çt
d Text items e.g. parcel identifier,
certificate of title etc. - per item 3. lçt 6.2 e
The fee is to be determined by the Registrar, but is not to exceed the
amount that would otherwise be
payable under this item, where -
i
the data is obtained by an approved government agency
and the Registrar is satisfied
that the data is obtained for
the purpose of performing its functions and is not to be
* used for commercial gain;
ii
the data is obtained by an individual and the Registrar is satisfied that it is to be used for educational
purposes.
Service fee - per data extract job 30.00 NOTE 1: Products include computer
generated plots and reports.
NOTE 2: In subitem e i "approved"
means from time to time approved bythe Minister.
6. For access to data in the Land Information Access System - per terminal per month plus, where access is via a controller
port 1 308.00
per month for 24 months 625.00 per month after 24 months nil
7.
An annual subscription for monthly digital copies, on computer tape of the crown reserves register database
2 000.00
".
{* Reprintédin the Gazette of 13 August 1981 al pp. 32911-98. For amendments to 15 June 1992 see 1991 Index to Legislation of Western Australia, pp. 514-515.] Dated 30th June 1992.
J. L. GLADSTONE, Acting Commissioner of Titles. Approved by His Excellency the Lieutenant-Governor and Administrator in Executive Council.
M. C. WAUCHOPE, Clerk of the Council.
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