Transfer of Land Amendment Regulations (No. 3) 2005 (WA)

21 June 2005 GOVERNMENT GAZETTE, WA 2761

J\3Ø3*

Transfer of Land Act 1893

Transfer of Land Amendment Regulations

(No. 3) 2005

Made by the Commissioner of Titles with the approval of the Governor in Executive Council.

1.            Citation

These regulations are the Transfer of Land Amendment
Regulations (No. 3) 2005.

2.            Commencement

These regulations come into operation on 4 July 2005 or on the
first Monday after the day on which they are published in the
Gazette, whichever is the later.

3.            The regulations amended

The amendments in these regulations are to the Transfer of Land
Regulations 2004*.

r Published in Gazette 2 September 2004, p. 3831.

For amendments to 3 June 2005 see Gazette 27 May 20051

4.            Regulation 5A inserted

After regulation 5 the following regulation is inserted —

5A. Priority processing of certain documents

(1) If the person lodging a transfer, mortgage, discharge of

mortgage, withdrawal of caveat, survivorship

2762 GOVERNMENT GAZETTE, WA 24 June 2005

in Schedule 1 Division 7 for priority processing, the
document will be given priority for attention by the application, or enduring power of attorney, pays the fee land to which the document relates, subject to this regulation.

(2) A person cannot request priority processing for a

document referred to in subregulation (1) if —

(a)	more than 4 of such documents are lodged simultaneously;
(b)	the document is connected to any land in relation to which there is a document lodged previously on which processing has not been completed;
(c)	the document and any other lodged document connected with it relate to more than 5 lots;
(d)	the document is lodged simultaneously with a document that is not referred to in subregulation (1); or
(e)	the document is lodged simultaneously with an enduring power of attorney.

(3) If the fee for priority processing is paid in respect of a

document referred to in subregulation (1) and a
requisition is raised on the document, the document
ceases to have priority for attention unless a further fee
for priority processing is paid in respect of it.

5.            Regulation 6 amended

(1)	Regulation 6(2c) is repealed.
(2)	Regulation 6(3) is amended by deleting ", (2b) and (2c)" and inserting instead —
" and (2b) "

6.            Regulation 7 amended

Regulation 7 is amended as follows:

(a)	by inserting before "The inspection" the subregulation designation "(1)";
(b)	by inserting at the end of the regulation the following subregulation -

44

(2) Subregulation (1) does not prevent any of the

information referred to in section 239(1) of the Act that
can be inspected by means of a computer from outside
the business premises of the Registrar from being
inspected by those means at any time.

21 June 2005 GOVERNMENT GAZETTE, WA 2763

7.            Schedule 1 amended

(1) Schedule 1 is amended in the third column as follows:

(a)	by deleting "$79" in each place it occurs and in each place inserting instead —
" $80 ";
(b)	in Division 1 item 4 by deleting "$89" and inserting instead —
" $90 ";
(c)	in Division 1 item 4 by deleting "$109" and inserting instead —
" $110 ";
(d)	in Division 2 items 2(a)(i) and 3(a) by deleting "$183" in each place it occurs and in each place inserting instead —
" $178 ";
(e)	in Division 2 items 2(a)(ii), 3(b) and 4 by deleting "$130" in each place it occurs and in each place inserting instead —

";

" $124

(f)	in Division 2 item 2(b) by deleting "$51" and inserting instead —
" $48 ";
(g)	in Division 2 item 5(a) and Division 3 item 2 by deleting "$39.50" in each place it occurs and in each place inserting instead —
" $40 ";
(h)	in Division 4 item 5 by deleting "$158" and inserting instead —
" $160 ";

(i)	in Division 6 item 22 by deleting "$1.40" and inserting
instead —
" $2.20 ".

(2)	Schedule 1 Division 7 item 2 is amended by deleting "plan, diagram" and inserting instead —
" deposited plan ".
(3)	Schedule 1 Division 7 item 6(b) and "$50" opposite it are deleted and the following is inserted instead —

44

(b) on any other document —

(i)     if the requisition is complied with and this

fee is paid before 5.00 p.m. on the business

day following the day on which the

requisition is issued $35

(ii) otherwise $60 ff.

2764 GOVERNMENT GAZETTE, WA 24 June 2005

(4) After Schedule 1 Division 7 item 14 the following item is
inserted —

44

15. For the priority processing of a transfer, mortgage,

discharge of mortgage, withdrawal of caveat, or

survivorship application, or not more than 4 of such

documents if lodged together, or of an enduring power

of attorney, subject to regulation 5A $30

(5) Schedule 1 Division 8 is repealed.

JOHN GLADSTONE

Commissioner of Titles

Approved by the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.