Untitled document

Subdivision (Registrar's Fees) (Amendment) Regulations 2008

S.R. No. 8/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Regulation 6 substituted

6Fees for lodging documents

═══════════════

ENDNOTES

STATUTORY RULES 2008

S.R. No. 8/2008

Subdivision Act 1988
Transfer of Land Act 1958

Subdivision (Registrar's Fees) (Amendment) Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 19 February 2008

Responsible Minister:

GAVIN JENNINGS
Minister for Environment and Climate Change

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Subdivision (Registrar's Fees) Regulations 2004—

(a)to implement changes arising from the enactment of the Owners Corporations Act 2006; and

(b)to change the order of items in the table in regulation 6 to aid clarity; and

(c)to make other minor amendments.

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 March 2008.

4Regulation 6 substituted

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

"6   Fees for lodging documents

(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	49×91 fee units
plus for each lot in excess of 2 comprised in the plan	10×89 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	24×50 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
2	22	For a staged subdivision—
(a)     for the master plan	49×91 fee units
plus for each lot in excess of 2 comprised in the master plan	10×89 fee units
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	24×50 fee units
(b)     for a plan for the second or subsequent stage	49×91 fee units
plus for each lot in excess of 2 comprised in the plan for the second or subsequent stage	10×89 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 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	24×50 fee units
3	22	Plan of consolidation other than under section 32(j) of the Act plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	49×91 fee units 24×50 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

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
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 under section 32(i) of the Act	49×91 fee units
plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed	10×89 fee units
6	23	Plan for the creation, variation or removal of restriction other than under 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	10×89 fee units
7	24A	Plan to vest land referred to in column 2 of the Table in section 24A of the Act	17×60 fee units
plus for each reserve in excess of 2 vested	4×89 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
8	24A	Plan to remove or vest and remove a reservation, other than under Item 7	49×91 fee units
plus for each reserve in excess of 2 effected	10×89 fee units
plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958	24×50 fee units
9	26	On every application for approval of a boundary plan	27×37 fee units
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	32(c)	Plan to alter the boundaries of any land affected by the owners corporation	49×91 fee units
plus for each lot in excess of 2 comprised in the plan	10×89 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	24×50 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
12	32(d)	Plan to increase or reduce the number of lots affected by the owners corporation	8×80 fee units
13	32(e)	Plan to create new lots or new common property	49×91 fee units
plus for each lot in excess of 2 comprised in the plan	10×89 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	24×50 fee units
14	32(f)	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
15	32(g)	Plan dissolving an owners corporation	4×40 fee units
plus for each owners corporation in excess of one comprised in the plan	4×40 fee units
16	32(h)	Plan to merge with another owners corporation	4×40 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
17	32(i)	Plan to create, vary or remove an easement or condition	49×91 fee units
plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed	10×89 fee units
18	32(i)	Plan to create, vary or remove a restriction	8×80 fee units
plus for each lot in excess of 2 over which the restriction is to be created, varied or removed	10×89 fee units
19	32(j)	Plan of consolidation	49×91 fee units
plus for every plan supported by a survey required under section 95 of the Transfer of Land Act 1958	24×50 fee units
20	32(k)	Plan to create, alter or extinguish lot entitlement or lot liability	8×80 fee units
21	32(l)	Plan to amend or cancel a scheme of development under the Cluster Titles Act 1974	8×80 fee units

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
22	32	Plan containing more than one alteration as referred to in sections 32(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (l) of the Act instead of the fees that would otherwise be payable for each alteration separately	49×91 fee units
plus for each lot in excess of 2 comprised in the plan	10×89 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	24×50 fee units
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

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
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 for service of notices on the 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
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

Column 1	Column 2	Column 3	Column 4
Item No.	Section of Act	Details	Fee
31	44(5A)	Application to cancel or alter a scheme of development accompanying a plan of cluster subdivision	8×80 fee units

(2)The prescribed fee for lodgement of rules for an owners corporation that have been made or amended under section 142 of the Owners Corporations Act 2006 is 4×40 fee units.

(3)The prescribed fee for lodging any document left for lodgement under cover or sent by post, in addition to any other fee payable on the document, is $5.00.

(4)The prescribed fee for lodgement of any instrument, application or document for which a fee is not otherwise specified in these Regulations or the Transfer of Land Act 1958 is 8×80 fee units.".

═══════════════

ENDNOTES

[1] Reg. 4: S.R. No. 116/2004 as amended by S.R. No. 45/2007.