1999 No 292 New South Wales Real Property Amendment (Fees) Regulation 1999 under the Real Property Act 1900 His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Real Property Act 1900. KIM YEADON, M.P., Minister for Information Technology Explanatory note The object of this Regulation is to increase certain fees payable to the Registrar-General under the Real Property Act 1900. The Regulation is made under the Real Property Act 1900, including section 144 (the general regulation-making power) and, in particular, section 144 (1) (a). Published in Gazette No 72 of 25 June 1999, page 4241 [12] Page 1 1999 No 292 Clause 1 Real Property Amendment (Fees) Regulation 1999 Real Property Amendment (Fees) Regulation 1999 1 Name of Regulation This Regulation is the Real Property Amendment (Fees) Regulation 1999. 2 Commencement This Regulation commences on 1 July 1999. 3 Amendment of Real Property Regulation 1998 The Real Property Regulation 1998 is amended as set out in Schedule 1. 4 Note The explanatory note does not form part of this Regulation. Page 2 1999 No 292 Real Property Amendment (Fees) Regulation 1999 Amendment of Real Property Regulation 1998 Schedule 1 Schedule 1 Amendment of Real Property Regulation 1998 (Clause 3) Schedule 5 Omit the Schedule. Insert instead: Schedule 5 Copies 1 Fees (Clause 13) $ 2 On lodgment of an application for a certified copy of a registered instrument or part of it affecting land under the provisions of the Act--for each copy ... In addition, if the application is received by post and: (a) no more than 20 instruments are to be copied (b) more than 20 instruments are to be copied-- for the first 100 instruments or any part of that number ............................................ (c) more than 100 instruments are to be copied-- for each 100 instruments or any part of that number after the first 100 instruments ....... For supplying a copy of a document or part of a document available from the Document Copy Service ............................................................. In addition, in the case of a document containing 20 or more pages, or if an application is made for multiple copies of a document containing 10 or more pages, such reasonable fee (determined by the Registrar-General) as is warranted by the cost incurred in preparing the copy or copies. 57.00 10.00 20.00 20.00 3.90 Page 3 1999 No 292 Real Property Amendment (Fees) Regulation 1999 Schedule 1 Amendment of Real Property Regulation 1998 $ Advertisements 3 On advertisement pursuant to section 12 (1) (h1) of the Act of the intended exercise or performance of any power, authority, duty or function conferred or imposed on the Regisrar-General by the Act. ..... Such fee as the RegistrarGeneral determines having regard to the cost of the advertisement. Production of documents 4 For each Crown grant, certificate of title or other document produced for the purpose of any application, request, dealing or plan to be subsequently lodged .......................................... 15.00 Applications, requests and dealings 5 6 7 On lodgment of an application to bring land under the Act ............................................................ On lodgment of an application, request or dealing for which no fee is otherwise provided .................... On lodgment of an application or request for amendment of a folio of the Register, Crown grant or certificate of title .............................................. On lodgment of an application under section 81A of the Act for the extinguishment of a restrictive covenant .......................................................... In addition: (a) for each hour or part of an hour occupied in examining the application ........................ 114.00 57.00 57.00 8 57.00 100.00 Page 4 1999 No 292 Real Property Amendment (Fees) Regulation 1999 Amendment of Real Property Regulation 1998 Schedule 1 $ (b) for the Registrar-General's costs of serving notice under section 81D of the Act by way of registered post......................................... Such fee as the RegistrarGeneral determines having regard to the cost of posting the notice. 9 10 11 12 On lodgment of an application for the determination under Part 14A of the Act of the position of the common boundary of adjoining lands .................. On lodgment of a request under section 135J of the Act for referring a matter to the Land and Environment Court for determination of the position of a boundary of land........................................ For every plan, sketch or diagram accompanying a dealing, application, request or instrument ............ In addition, for any dealing, application or request mentioned in items 5­10 that the Registrar-General allows to be lodged by post ............................... 57.00 570.00 57.00 10.00 Caveats 13 14 15 On lodgment or recording of a caveat ................. On withdrawal or partial withdrawal of a caveat pursuant to section 74M (1) of the Act ............... On lodgment of a request for withdrawal or partial withdrawal 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).............................. On lodgment of a request for the Registrar-General to direct service of a notice on a caveator pursuant to section 74N (1) (e) of the Act ........................... On lodgment of an application for preparation of a notice for service on a caveator pursuant to section 74C (3), 74I (1) or (2) or 74J (1) of the Act ...... On lodgment of a notice of a change of name of a caveator or of the address for service of a notice on a caveator............................................................ 57.00 57.00 57.00 16 57.00 17 57.00 18 57.00 Page 5 1999 No 292 Real Property Amendment (Fees) Regulation 1999 Schedule 1 Amendment of Real Property Regulation 1998 $ Licensing of forms 19 For examination and licensing of any dealing that is required by any Act to be in the approved form and is not a form licensed by the Registrar-General ....... For licensing any person to print approved forms containing a licence number issued by the Registrar-General............................................... 57.00 20 57.00 Official searches 21 On requisition for an official search of a manual folio of the Register (whether or not requiring the continuation of a search from the date of a previous search of that folio or the date of a prior certificate of result of a search)............................................. In addition, for each half-hour or part of a half-hour occupied in the search after the first hour ........... 57.00 28.00 Computer folios 22 On the lodgment of a requisition for a computer folio certificate, final search of a computer folio or search of a historical record......................................... 3.90 Public searches 23 On the lodgment of a requisition requiring dispatch of information by post, facsimile or other approved means: (a) for an initial search of a folio of the Register, including investigation as to title reference, a copy of the relevant folio and the transmission fee ...................................... In addition, for inclusion in the initial search of any additional document forming part of the Register (per document) ..................... (b) for a final search of a folio of the Register, including a copy of the search and the transmission fee ...................................... 27.00 3.90 20.00 Page 6 1999 No 292 Real Property Amendment (Fees) Regulation 1999 Amendment of Real Property Regulation 1998 Schedule 1 $ (c) (d) (e) (f) for providing copies of a folio or dealing if no investigation as to title reference is required, including a copy of the folio or dealing and the transmission fee ................................. In addition, for inclusion of each additional document required ................................... for a historical search of a folio of the Register, including a copy of the search and the transmission fee ................................. for providing copies of an instrument or a plan only, including a copy of the document and the transmission fee........................... In addition, for inclusion of each additional document required ................................... for supplying documents by facsimile transmission if no transmission cost is included in the initial fee and for supplying additional documents or copies, for each sheet 20.00 3.90 20.00 20.00 3.90 1.00 Searches generally 24 In the case of a requisition for an official search of a manual folio, a computer folio certificate, a final search of a computer folio or a search of a historical record that, in the opinion of the Registrar-General, is a search for which the above schedule of fees is not appropriate........................................................ Such reasonable fee (determined by the RegistrarGeneral in negotiation with the requesting party) as is warranted by the cost incurred in carrying out the search. Page 7 1999 No 292 Real Property Amendment (Fees) Regulation 1999 Schedule 1 Amendment of Real Property Regulation 1998 $ Certificates of title 25 For the issue of a certificate of title on any request or application........................................................ 57.00 Miscellaneous 26 27 28 29 30 31 On depositing an instrument declaratory of trusts or other instrument not specified............................. On lodgment of a requisition for statement of grounds under section 121 of the Act ................. On lodgment of a request for the issue of a summons under section 12 of the Act ............................... On lodgment of a request for the issue of a notice under section 136 of the Act ............................. For recording of any memorial or notification not otherwise provided for....................................... On lodgment of a request for delivery of a document or documents pursuant to section 23A (3) (c) of the Act (no fee is payable if the request is made during the currency of the primary application) .............. For furnishing a certificate of ownership (Local Government Act 1993--section 700 (2)) and incorporating in it any information as to subsisting encumbrances or interests................................... In addition, for supplying each additional document forming part of the Register............................... For supplying information in response to a written inquiry as to the manner in which a proposed dealing or plan should be drawn, or as to whether a proposed dealing or plan is entitled to registration, or in response to a written inquiry that necessitates any searching or investigation................................... 57.00 57.00 57.00 57.00 57.00 15.00 32 28.00 3.90 33 Such reasonable fee (determined by the RegistrarGeneral) as is warranted by the cost incurred in supplying the information, searching or investigating. Page 8 1999 No 292 Real Property Amendment (Fees) Regulation 1999 Amendment of Real Property Regulation 1998 Schedule 1 $ 34 35 36 37 38 For production of documents at the Office of State Revenue ........................................................... For supplying a computer listing of plans registered, on or after 23 January 1961, in respect of specified local government areas, for each such area .......... For supplying a computer listing of plans registered, prior to 23 January 1961, in respect of specified parishes, for each such parish ............................. For supplying details of lots created on the registration of a deposited plan or strata plan (within the meaning of the Conveyancing (General) Regulation 1998) ............................................... In addition, for any dealing, application, request or caveat that refers to more than 20 folios of the Register............................................................ 20.00 200.00 200.00 1.95 57.00 for each group of 20 folio references or part of that number. BY AUTHORITY Page 9