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This is a Bill, not an Act. For current law, see the Acts databases.
Real Property Amendment (Torrens
Assurance Levy Repeal) Bill 2011
No , 2011
A Bill for
An Act to amend the Real Property Act 1900 and the Real Property Regulation 2008
to abolish the Torrens assurance levy.
Clause 1 Real Property Amendment (Torrens Assurance Levy Repeal) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Real Property Amendment (Torrens Assurance Levy 3
Repeal) Act 2011. 4
2 Commencement 5
This Act commences or is taken to have commenced on 1 July 2011. 6
Page 2
Real Property Amendment (Torrens Assurance Levy Repeal) Bill 2011
Amendment of Real Property Act 1900 No 25 Schedule 1
Schedule 1 Amendment of Real Property Act 1900 1
No 25 2
[1] Section 3 Definitions 3
Omit the definition of Torrens assurance levy from section 3 (1) (a). 4
[2] Section 134 Torrens Assurance Fund 5
Omit section 134 (2) (a). Insert instead: 6
(a) any amounts that the Minister directs to be paid from fees 7
paid to the Registrar-General for lodgment of any dealing, 8
caveat or withdrawal of caveat, 9
[3] Section 134 (2A) 10
Omit the subsection. 11
[4] Section 134 (4) 12
Insert after section 134 (3): 13
(4) The fee payable to the Registrar-General for lodgment of any 14
dealing, caveat or withdrawal of caveat may be prescribed so as 15
to include the amount to be paid into the Torrens Assurance 16
Fund. 17
[5] Section 134A Torrens assurance levy 18
Omit the section. 19
[6] Section 144 Regulations 20
Omit section 144 (1) (b). 21
[7] Section 144 (1) (c) 22
Omit ", expenses or levies". Insert instead "or expenses". 23
[8] Section 144A Payment and recovery of fees or levies 24
Omit the section. 25
[9] Schedule 3 Savings and transitional provisions 26
Insert at the end of clause 1 (1): 27
Real Property Amendment (Torrens Assurance Levy Repeal) Act 28
2011 29
Page 3
Real Property Amendment (Torrens Assurance Levy Repeal) Bill 2011
Schedule 1 Amendment of Real Property Act 1900 No 25
[10] Schedule 3, Part 10 1
Insert after Part 9: 2
Part 10 Real Property Amendment (Torrens 3
Assurance Levy Repeal) Act 2011 4
25 Definitions 5
In this Part: 6
amending Act means the Real Property Amendment (Torrens 7
Assurance Levy Repeal) Act 2011. 8
Torrens assurance levy means a levy paid under: 9
(a) section 134A of this Act (as in force before its repeal by the 10
amending Act), or 11
(b) clause 26 of this Schedule. 12
26 Torrens assurance levy 13
Despite the repeal of clauses 12A and 18A and Part 2 of 14
Schedule 1 to the Real Property Regulation 2008 by Schedule 2 15
to the amending Act, a levy is payable as if those provisions had 16
not been repealed in respect of any dealing that is: 17
(a) a transfer executed to give effect to a contract for the sale 18
of land entered into on or after 1 July 2010 but before 19
1 July 2011, and 20
(b) lodged with the Registrar-General after 1 July 2011. 21
27 Torrens Assurance Fund 22
(1) The Minister (after consultation with the Treasurer) may direct 23
that all or a proportion of amounts that have been paid to the 24
Registrar-General as Torrens assurance levies are to be paid into 25
the Torrens Assurance Fund. 26
(2) The Minister may make such a direction at any time after the 27
levies are paid into the Consolidated Fund, in which case the 28
amounts are to be paid into the Torrens Assurance Fund without 29
further appropriation. 30
Page 4
Real Property Amendment (Torrens Assurance Levy Repeal) Bill 2011
Amendment of Real Property Regulation 2008 Schedule 2
Schedule 2 Amendment of Real Property Regulation 1
2008 2
[1] Clause 4 Lodgment of dealings and caveats 3
Omit clause 4 (b) and (c). Insert instead: 4
(b) be accompanied by the relevant fee set out in Schedule 1. 5
[2] Clauses 10 (4), 11 (c) and 12 (1) 6
Omit "Part 1 of" wherever occurring. 7
[3] Clause 12A Torrens assurance levy 8
Omit the clause. 9
[4] Clause 18A Transitional--introduction of ad valorem Torrens assurance 10
levy 11
Omit the clause. 12
[5] Schedule 1, heading 13
Omit "and levies". 14
[6] Schedule 1, clause reference 15
Omit ", 12 and 12A". Insert instead "and 12". 16
[7] Schedule 1, Part 1, heading 17
Omit the heading. 18
[8] Schedule 1, items 8-13 19
Omit the items. Insert instead: 20
8 On lodgment of an application under section 45D of the Act 97.00
by a person in possession of land to be recorded as proprietor
of an estate or interest in that land
In addition, for each quarter-hour or part of a quarter-hour 50.00
occupied in examining the application
9 On lodgment of a transfer by way of discharge of mortgage 97.00
where a mortgagee has been recorded as registered proprietor
pursuant to section 12B of the Act
Page 5
Real Property Amendment (Torrens Assurance Levy Repeal) Bill 2011
Schedule 2 Amendment of Real Property Regulation 2008
10 On lodgment of a dealing for registration or recording of a 97.00
unilateral severance of a joint tenancy pursuant to section 97
of the Act
11 On lodgment of a dealing to transfer an estate in land that 97.00
changes the tenancy of co-tenants without altering their
shares
12 On lodgment of a dealing to transfer the ownership of an 194.00
estate in land pursuant to section 46 of the Act
13 On lodgment of an application, request or dealing for which 97.00
no fee is otherwise provided
[9] Schedule 1, items 15-20 1
Omit the items. Insert instead: 2
15 On lodgment of an application to dispose of Crown land 194.00
arising from the closing of a public road under the Roads
Act 1993, regardless of how many recordings will ensue
16 On lodgment of an application or request for amendment of 97.00
a folio of the Register, Crown grant or certificate of title
17 On lodgment of an application to record in the Register an 97.00
appurtenant easement created by a deed
In addition, for each quarter-hour or part of a quarter-hour 50.00
occupied in processing the application
18 On lodgment of an application under section 81A of the Act 97.00
for the extinguishment of a restrictive covenant
In addition:
(a) for each quarter-hour or part of a quarter-hour 50.00
occupied in examining the application
(b) for the Registrar-General's costs of giving notice Such reasonable
under section 81D of the Act by way of registered fee (determined
post by the Registrar-
General) as is
warranted by the
cost incurred in
posting the notice
19 On lodgment of an application under section 49 of the Act 97.00
for the cancellation of an easement that has been abandoned
or extinguished
In addition, for each quarter-hour or part of a quarter-hour 50.00
occupied in examining the application
Page 6
Real Property Amendment (Torrens Assurance Levy Repeal) Bill 2011
Amendment of Real Property Regulation 2008 Schedule 2
20 On lodgment of an application for the determination under 97.00
Part 14A of the Act of the position of the common boundary
of adjoining lands
[10] Schedule 1, items 24-29 1
Omit the items. Insert instead: 2
24 On lodgment or recording of a caveat 97.00
25 On withdrawal or partial withdrawal of a caveat pursuant to 97.00
section 74M (1) of the Act
26 On lodgment of a request for withdrawal or partial withdrawal 97.00
of a Registrar-General's caveat (no fee is payable for
withdrawal or partial withdrawal of a Registrar-General's
caveat consequent on lodgment and registration of a dealing)
27 On lodgment of a request for the Registrar-General to direct the 97.00
manner of service of a notice on a caveator pursuant to section
74N (1) (e) of the Act
28 On lodgment of an application for preparation of a notice for 97.00
service on a caveator pursuant to section 74C (3), 74I (1) or (2),
74J (1) or 74JA (2) of the Act
29 On lodgment of a notice of a change of name of a caveator or of 97.00
the address for service of a notice on a caveator
[11] Schedule 1, item 34 3
Omit the item. Insert instead: 4
34 On lodgment of an application for a new certificate of title under 194.00
section 111 of the Act
[12] Schedule 1, item 35 5
Omit the item. Insert instead: 6
35 On depositing an instrument declaratory of trusts 97.00
[13] Schedule 1, item 36 7
Omit the item. Insert instead: 8
36 On lodgment of an application for a statement of reasons under 97.00
section 121 of the Act
Page 7
Real Property Amendment (Torrens Assurance Levy Repeal) Bill 2011
Schedule 2 Amendment of Real Property Regulation 2008
[14] Schedule 1, Part 2 1
Omit the Part. 2
Page 8
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