New South Wales Real Property Amendment (Fees) Regulation 2015 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. DOMINIC PERROTTET, MP Minister for Finance, Services and Property Explanatory note The object of this Regulation is to increase certain fees payable to the Registrar-General under the Real Property Act 1900. The fee increases are generally in line with movements in the Consumer Price Index. This Regulation is made under the Real Property Act 1900, including sections 96B (1), 96J (a), 115 (1), 115A (1), 116, 135D (1) (c) and 144 (the general regulation-making power). Published LW 26 June 2015 (2015 No 331) Real Property Amendment (Fees) Regulation 2015 [NSW] Real Property Amendment (Fees) Regulation 2015 under the Real Property Act 1900 1 Name of Regulation This Regulation is the Real Property Amendment (Fees) Regulation 2015. 2 Commencement This Regulation commences on 1 July 2015 and is required to be published on the NSW legislation website. Page 2 Published LW 26 June 2015 (2015 No 331) Real Property Amendment (Fees) Regulation 2015 [NSW] Schedule 1 Amendment of Real Property Regulation 2014 Schedule 1 Schedule 1 Amendment of Real Property Regulation 2014 Omit the Schedule. Insert instead: Schedule 1 Fees (Clauses 4, 10, 11 and 17) Item Copies 1 Matter for which fee payable Fee On lodgment of an application for a certified copy of a $109.50 registered instrument or part of it affecting land under the provisions of the Act--for each copy For supplying a copy of a document or part of a document in the custody of the Registrar-General: (a) to any person attending an office of the Land and Property Information Division, Department of Finance, Services and Innovation by electronic means to any agent licensed by the Land and Property Information Division, Department of Finance, Services and Innovation to any person by some other means $14.00 2 (b) $7.53 (c) Such reasonable fee (determined by the Registrar-General) as is warranted by the work involved in providing the service Such reasonable fee (determined by the Registrar-General) as is warranted by the work involved in preparing the copy Such reasonable fee (determined by the Registrar-General) as is warranted by the cost incurred in publishing the advertisement 3 On lodgment of an application for a copy of a document in the custody of the Registrar-General, other than a certified copy or a copy available to any person attending an office of the Land and Property Information Division, Department of Finance, Services and Innovation Advertisements 4 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 Registrar-General by the Act Production of documents 5 For each Crown grant, certificate of title or other document $42.00 produced once for the purpose of the subsequent lodgment of any application, request, dealing or plan For each Crown grant, certificate of title or other document $84.00 produced once for the purpose of multiple subsequent lodgments (not exceeding 8) of any application, request, dealing or plan during a period not exceeding 3 months 6 Page 3 Published LW 26 June 2015 (2015 No 331) Real Property Amendment (Fees) Regulation 2015 [NSW] Schedule 1 Amendment of Real Property Regulation 2014 Item 7 8 Matter for which fee payable Fee Applications, requests and dealings On lodgment of a primary application to bring land under $1,421.00 the Act pursuant to section 14 of the Act On lodgment of a resumption application to bring land under the Act pursuant to section 31A of the Act $225.00 In addition, for each quarter-hour or part of a quarter-hour $55.00 in excess of the first hour occupied in examining the application 9 On lodgment of an application under section 45D of the Act by a person in possession of land to be recorded as proprietor of an estate or interest in that land $109.50 In addition, for each quarter-hour or part of a quarter-hour $55.00 occupied in examining the application 10 On lodgment of a transfer by way of discharge of mortgage $109.50 where a mortgagee has been recorded as registered proprietor pursuant to section 12B of the Act On lodgment of a dealing for registration or recording of a $109.50 unilateral severance of a joint tenancy pursuant to section 97 of the Act On lodgment of a dealing to transfer an estate in land that $109.50 changes the tenancy of co-tenants without altering their shares On lodgment of a dealing to transfer the ownership of an estate in land pursuant to section 46 of the Act $219.00 11 12 13 14 On lodgment of an application (other than an application to $109.50 dispose of Crown land arising from the closing of a public road under the Roads Act 1993), request or dealing that will result in more than one recording on a folio of the Register, for each additional recording On lodgment of an application to dispose of Crown land $219.00 arising from the closing of a public road under the Roads Act 1993, regardless of how many recordings will ensue On lodgment of an application or request for amendment of $109.50 a folio of the Register, Crown grant or certificate of title On lodgment of an application to record in the Register an $109.50 appurtenant easement created by a deed In addition, for each quarter-hour or part of a quarter-hour $55.00 occupied in processing the application 15 16 17 18 On lodgment of an application under section 81A of the Act for the extinguishment of a restrictive covenant In addition: (a) (b) for each quarter-hour or part of a quarter-hour occupied in examining the application $109.50 $55.00 for the Registrar-General's costs of giving notice Such reasonable fee under section 81D of the Act by way of registered (determined by the post Registrar-General) as is warranted by the cost incurred in posting the notice Page 4 Published LW 26 June 2015 (2015 No 331) Real Property Amendment (Fees) Regulation 2015 [NSW] Schedule 1 Amendment of Real Property Regulation 2014 Item 19 Matter for which fee payable Fee On lodgment of an application under section 49 of the Act $109.50 for the cancellation of an easement that has been abandoned or extinguished In addition, for each quarter-hour or part of a quarter-hour $55.00 occupied in examining the application 20 On lodgment of an application for the determination under $109.50 Part 14A of the Act of the position of the common boundary of adjoining lands For every plan, sketch or diagram accompanying an application, request or dealing $109.50 21 22 For the creation of a certificate of title on any application, $109.50 request or dealing (other than pursuant to section 111 of the Act), for each certificate, an additional On lodgment of an application, request or dealing for which no fee is otherwise provided On lodgment or recording of a caveat $109.50 23 Caveats 24 25 26 $109.50 On withdrawal or partial withdrawal of a caveat pursuant $109.50 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 the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act $109.50 27 $109.50 28 On lodgment of an application for preparation of a notice $109.50 for service on a caveator pursuant to section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act On lodgment of a notice of a change of name of a caveator $109.50 or of the address for service of a notice on a caveator $109.50 For examination and authentication of any dealing, application, request or caveat that is required by any Act to be in an approved form which contains departures from the approved form and which is not a form licensed by the Registrar-General, an additional On requisition for an official search of a folio of the $220.00 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 quarter-hour or part of a quarter-hour $55.00 occupied in the search after the first hour 29 Authentication of forms 30 Official searches 31 Page 5 Published LW 26 June 2015 (2015 No 331) Real Property Amendment (Fees) Regulation 2015 [NSW] Schedule 1 Amendment of Real Property Regulation 2014 Item 32 Matter for which fee payable Fee Public searches $55.00 On the lodgment of a requisition requiring dispatch of information by post, facsimile or other means approved by the Registrar-General--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 each quarter-hour or part of a quarter-hour $55.00 occupied in the search after the first quarter-hour In addition, for inclusion in the initial search of any additional document forming part of the Register (per document) Searches generally 33 In the case of a requisition for an official search of a manual folio, a computer folio certificate 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 Registrar-General in negotiation with the requesting party) as is warranted by the cost incurred in carrying out the search $14.00 Certificates of title 34 Reports 35 For supplying a Lease Folio Data Extract Report: (a) to any person attending an office of the Land and Property Information Division, Department of Finance, Services and Innovation by electronic means to any agent licensed by the Land and Property Information Division, Department of Finance, Services and Innovation $42.00 On lodgment of an application for a new certificate of title $219.00 under section 111 of the Act (b) $30.12 (c) by electronic means to any person via the website of $35.29 the Land and Property Information Division, Department of Finance, Services and Innovation 36 For supplying a Lease Folio Caveats, Writs and Other Dealings Report: (a) to any person attending an office of the Land and Property Information Division, Department of Finance, Services and Innovation by electronic means to any agent licensed by the Land and Property Information Division, Department of Finance, Services and Innovation $28.00 (b) $15.06 (c) by electronic means to any person via the website of $20.23 the Land and Property Information Division, Department of Finance, Services and Innovation Page 6 Published LW 26 June 2015 (2015 No 331) Real Property Amendment (Fees) Regulation 2015 [NSW] Schedule 1 Amendment of Real Property Regulation 2014 Item 37 Matter for which fee payable For supplying to an Electronic Lodgment Network (Electronic Conveyancing National Law (NSW)-- section 13) the following electronic services: (a) Fee Lodgment support services (LSS) for electronic conveyancing the suite of lodgment support services (known as $11.30 "LSS 1") comprising initial supply of title data, verifications that documents are in an appropriate form for electronic lodgment and automated checks for changes in title data initially supplied the suite of lodgment support services (known as $7.53 "LSS 2") comprising initial supply of title data and verifications that documents are in an appropriate form for electronic lodgment the lodgment support service (known as "LSS 3") comprising supply of updated title data following changes in title data initially supplied $3.77 (b) (c) Miscellaneous 38 39 40 41 42 On depositing an instrument declaratory of trusts On depositing any other instrument not specified On lodgment of an application for a statement of reasons under section 121 of the Act For recording of any memorial or notification not otherwise provided for $109.50 $109.50 $109.50 $109.50 $26.40 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) $55.00 For furnishing a certificate of ownership (Local Government Act 1993--section 700 (2) or Environmental Planning and Assessment Act 1979--section 151 (2)) and incorporating in it any information as to subsisting encumbrances or interests In addition, for each quarter-hour or part of a quarter-hour $55.00 occupied in preparing the certificate of ownership after the first quarter-hour In addition, for supplying each additional document forming part of the Register $14.00 Such reasonable fee (determined by the Registrar-General) as is warranted by the cost incurred in supplying the information, searching or investigating 43 44 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 45 In addition, for any dealing, application, request or caveat $109.50 for each group that refers to more than 20 folios of the Register of 20 folio references or part of that number Page 7 Published LW 26 June 2015 (2015 No 331)