New South Wales Consolidated Regulations

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REAL PROPERTY REGULATION 2014 - SCHEDULE 1

SCHEDULE 1 – Fees

(Clauses 4, 10, 11 and 17)

Note : Section 3B (2) of the Act provides that a fee prescribed under this or any other Act for or in respect of the exercise of a titling and registry function is, when the function is exercised by the authorised operator, the maximum fee that is payable and the authorised operator can accept a lesser fee for or in respect of the exercise of the function.

Part 1 - Fees payable during 2017/2018 financial year

The fees specified by this Part are exclusive of GST. GST may be added to any such fee to the extent that the fee is consideration for a taxable supply (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth).

Item Matter for which fee payable Fee (in fee units)
Advertisements
1 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 The cost incurred in publishing the advertisement
Production of documents
2 For each Crown grant, certificate of title or other document produced once for the purpose of the subsequent lodgment of any application, request, dealing or plan 0.3888
3 For each Crown grant, certificate of title or other document 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 0.7777
Applications, requests and dealings
4 On lodgment of an application, request or dealing for which no fee is otherwise specifically provided 1.2655
5 On lodgment of a primary application to bring land under the Act pursuant to section 14 of the Act 18.9786
6 On lodgment of a resumption application to bring land under the Act pursuant to section 31A of the Act 3.4254
7 In addition to any other item, on lodgment of an application (other than an application to dispose of Crown land arising from the closing of a public road under the Roads Act 1993 ), request, dealing or caveat that will result in making, altering or removing more than 1 recording--for each additional recording 1.2618
8 On lodgment of an application to dispose of Crown land arising from the closing of a public road under the Roads Act 1993 , regardless of how many recordings will ensue 2.5237
9 On lodgment of an application or request for amendment of a folio of the Register, Crown grant or certificate of title 1.2655
10 On lodgment of an application for the determination under Part 14A of the Act of the position of the common boundary of adjoining lands 1.2655
11 For every sketch or diagram accompanying an application, request or dealing 1.2618
12 In addition to any other item, for the creation of a certificate of title on any application, request or dealing (other than pursuant to section 111 of the Act)--for each certificate 1.2618
Caveats
13 On lodgment or recording of a caveat 1.2655
14 On withdrawal or partial withdrawal of a caveat pursuant to section 74M (1) of the Act 1.2655
15 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) 1.2655
16 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 1.2655
17 On lodgment of an application for preparation of a notice for service on a caveator pursuant to section 74C (3), 74I (1) or (2), 74J (1) or 74JA (2) of the Act 1.2655
18 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 1.2655
Priority notices
19 On lodgment of a priority notice pursuant to section 74T of the Act 0.3442
20 On lodgment of an application for an extension of a priority notice pursuant to section 74V of the Act 0.1426
21 On withdrawal of a priority notice pursuant to section 74X of the Act 0.1426
Certificates of title
22 On lodgment of an application for a new certificate of title under section 111 of the Act 1.2655
Authentication of forms
23 In addition to any other item, 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 1.2618
Searches and digital images
24 For providing a certificate under Part 11A of the Act:
(a) to a person attending at an office 0.1296
(b) by electronic means 0.0867
25 For supplying a digital image of a document under Part 11A of the Act:
(a) to a person attending at an office 0.1296
(b) by electronic means 0.0867
26 On lodgment of an application for a certified copy of a folio, dealing, record or instrument comprising part of the Register--for each copy 1.2618
27 For a request for a search of the Register by the Registrar-General--for the initial search of the Register, including investigation as to title reference, a copy of the relevant folio and delivery fee 3.4254
28 In addition to item 27, for inclusion in the search of any additional document forming part of the Register--for each document 0.1296
29 In the case of a request for aggregated data or other information from the Register that, in the opinion of the Registrar-General, is a search for which the above schedule of fees is not appropriate 2.3144 per hour or part hour spent in carrying out the search
Reports
30 For supplying a Lease Folio Data Extract Report or a Lease Folio Caveats, Writs and Other Dealings Report:
(a) to a person attending at an office 0.3129
(b) by electronic means 0.3129
Lodgment support services (LSS) for electronic conveyancing
31 For supplying to an Electronic Lodgment Network ( Electronic Conveyancing National Law (NSW) --section 13) the following electronic services:
(a) the suite of lodgment support services (known as "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 0.1300
(b) the suite of lodgment support services (known as "LSS 2") comprising initial supply of title data and verifications that documents are in an appropriate form for electronic lodgment 0.0867
(c) the lodgment support service (known as "LSS 3") comprising supply of updated title data following changes in title data initially supplied 0.0434
32 For a requisition sent by the Registrar-General requiring correction, re-execution or the supply of additional information in support of a dealing, application, request or caveat lodged for registration or recording 0.4629
Miscellaneous
33 On depositing an instrument declaratory of trusts 1.2618
34 On depositing any other instrument not specified 1.2618
35 For recording of any memorial or notification not otherwise provided for 1.2618
36 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) 0.3129
37 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 1.2618
38 In addition to item 37, for supplying each additional document forming part of the Register 0.1296
39 In addition to any other item, for any dealing, application, request or caveat that refers to more than 20 folios of the Register 1.2618
40 On an application for a review by the Registrar-General of a decision pursuant to section 121 of the Act 2.7700

Part 2 - Adjustment of fees for inflation

1 Calculation of fee unit for purposes of Regulation

(1) For the purposes of this Regulation, a
"fee unit" is:
(a) in the financial year 2017/2018--$100, and
(b) in each subsequent financial year--the amount calculated as follows:
graphic

"A" is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.

"B" is the CPI number for the March quarter of 2017.
(2) The amount of a fee unit and the amount of a fee calculated by reference to a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).
(3) However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.
(4) As soon as practicable after the CPI number for the March quarter is first published by the Australian Statistician, the Registrar-General is required to publish on the NSW legislation website a notice of the amount of the fee unit for the next financial year. That notice may be published by the addition of an editorial note relating to the amount of the fee unit in the in force version of this Regulation published on the NSW legislation website.
(5) The Registrar-General is also required to give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of fee unit calculated under this clause.
(6) This clause operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the publication of a notice by the Registrar-General under this clause.
(7) In this clause:

"CPI number" means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.

"financial year" means a period of 12 months commencing on 1 July.



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