Registration and Related Fees Act 2001
An Act to amend the Conveyancing and Law of Property Act 1884 , Land Titles Act 1980 , Powers of Attorney Act 2000 , Registration of Deeds Act 1935 and Strata Titles Act 1998 in relation to fees, to remove doubt as to the validity of fees previously prescribed under those Acts and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Registration and Related Fees Act 2001 .
This Act commences on 1 January 2002.
PART 2 - Conveyancing and Law of Property Act 1884 Amended
In this Part, the Conveyancing and Law of Property Act 1884 is referred to as the Principal Act.
4. Section 84H amended (Supplementary provisions as to applications for orders)
Section 84H(3) of the Principal Act is amended by omitting paragraph (b) .
5. Section 91B amended (Regulations)
Section 91B of the Principal Act is amended by omitting subsection (2) .
6. Sections 91C and 91D inserted
After section 91B of the Principal Act , the following sections are inserted in Part XVI:(1) The fees prescribed in Schedule 9 are payable under this Act for the matters to which they respectively relate.(2) Subsections (2) and (3) of section 169E of the Land Titles Act 1980 have the same application to the payment of a prescribed fee under this Act as they have to the payment of a prescribed fee under that Act.No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001 is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed.
7. Schedule 9 inserted
After Schedule 8 to the Principal Act , the following Schedule is inserted:SCHEDULE 9 - Prescribed fees
Item
Matter for which fee is payable
Fee
$
1.
Lodgment of application under section 84B , 84C or 84D
90.50
2.
Supply of proof under section 90DA
90.50
3.
Lodgment of any other instrument or application under this Act
90.50
PART 3 - Land Titles Act 1980 Amended
In this Part, the Land Titles Act 1980 is referred to as the Principal Act.
9. Section 143G amended (Giving of notice)
Section 143G of the Principal Act is amended as follows:(a) by omitting from subsection (2) "stratum plan" and substituting "strata plan";(b) by omitting from subsection (3) "stratum plan" and substituting "strata plan".
10. Section 169E substituted
Section 169E of the Principal Act is repealed and the following sections are substituted:(1) The fees prescribed in Schedule 3 are payable under this Act for the matters to which they respectively relate.(2) A prescribed fee –(a) is to be paid to the Recorder or an agent appointed by the Recorder; and(b) may be paid in any manner approved by the Recorder.(3) A person may, if so authorised by the Recorder or an agent appointed by the Recorder for the purpose, pay a prescribed fee after the transaction to which it relates.No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001 is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed.
11. Section 170 amended (Regulations)
Section 170(2) of the Principal Act is amended by omitting paragraphs (f) , (g) and (h) .
12. Schedule 3 inserted
After Schedule 2 to the Principal Act , the following Schedule is inserted:SCHEDULE 3 - Prescribed fees
Item
Matter for which fee is payable
Fee
$
(1) Applications, caveats and dealings
1.
Lodgment of a dealing, instrument or withdrawal of caveat, request or application (other than an application made by a person for a change of name following a change in the person's family status) or making an entry or entering a memorial or notification for which a fee is not otherwise prescribed
85.50
2.
Lodgment for registration of a memorandum of transfer
131.00
3.
Lodgment of a caveat, discharge of mortgage or discharge of charge
106.00
4.
Lodgment for registration of a memorandum granting land of the Crown
131.00
(2) Copies
5.
Application or request for a copy of a single document, dealing, instrument, plan, strata plan, building title plan or diagram or part of a single document, dealing, instrument, plan, strata plan, building title plan or diagram or the field notes or survey notes of a single plan or diagram –
(a) if the copy is prepared by a photocopying process, transparency process, electronic process or facsimile process, for a copy of a single folio of the Register, dealing, instrument or document or part of a single folio of the Register, dealing, instrument or document
20.00
(b) if a typed copy is requested
20.00
In addition, for each hour or part of an hour to prepare the copy
20.00
(c) in addition to any fee under paragraph (a) or (b) , if the application or request is received, or the copy is to be despatched, by post, and no reference number or an incorrect reference number is quoted
30.00
In addition, for each hour or part of an hour taken to search for the copy
20.00
(3) Certification
6.
Application or request for the certification by the Recorder, Deputy Recorder or Assistant Recorder of a copy of a single document, dealing, instrument, plan or diagram or part of a single document, dealing, instrument, plan or diagram or the field notes or survey notes of a single plan or diagram, either as a machine copy or print made from a transparency
50.50
In addition, for each hour or part of an hour taken to prepare the copy for certification
30.00
(4) Notices
7.
Lodgment of a priority notice or notice of withdrawal of priority notice
15.10
8.
For preparing and serving notice to a caveator of intention to register a dealing under section 136
85.50
(5) Maps and plans
9.
Lodgment of each map, plan or building title plan
505.00
In addition, for each parcel shown on that map, plan or building title plan
50.50
10.
Lodgment of a plan prepared solely for the purpose of placing survey information on public record
50.50
11.
Lodgment of an application to amend a plan
505.00
In addition, if the application involves the amendment of the Register, for each certificate of title to issue pursuant to such amendment
50.50
12.
Supply of a plan for which a fee is not otherwise prescribed
505.00
In addition, for each hour or part of an hour taken to prepare the plan
50.50
(6) Sealing of instruments
13.
Examination and sealing of an instrument or dealing not prepared on a form bearing the Recorder's seal
85.50
14.
Lodgment of a request for the sealing of a printed form
85.50
(7) Miscellaneous
15.
Application or request to search a single folio of the Register (including the face plan of the plan supporting that folio), dealing, instrument or document
20.00
16.
Request to search for and supply copies of plans and field notes relevant to one specified proposed survey
30.00
In addition, for each hour or part of an hour taken to comply with the request
20.00
17.
Exhibiting deeds surrendered by the applicant
30.00
18.
Each requisition made by the Recorder –
(a) for payment of additional fees
15.10
(b) under section 50
30.00
(c) under section 143B
30.00
19.
Lodgment of requisition for statement of grounds under section 144
85.50
20.
Lodgment of objection to correction of plan or accompanying document under section 143C
30.00
PART 4 - Powers of Attorney Act 2000 Amended
In this Part, the Powers of Attorney Act 2000 is referred to as the Principal Act.
14. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by inserting after the definition of photographic copy the following definition:prescribed, in relation to a fee, means prescribed in Schedule 2 ;
15. Section 9 amended (Formal requirements)
Section 9(1)(c) of the Principal Act is amended by omitting "is to" and substituting "must".
16. Section 55A inserted
After section 55 of the Principal Act , the following section is inserted in Part 7:55A. Payment of prescribed fees
Subsections (2) and (3) of section 169E of the Land Titles Act 1980 have the same application to the payment of a prescribed fee under this Act as they have to the payment of a prescribed fee under that Act.
17. Section 58A inserted
After section 58 of the Principal Act , the following section is inserted in Part 7:No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001, or for the Powers of Attorney Act 1934, is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed.
18. Schedule 2 inserted
After Schedule 1 to the Principal Act , the following Schedule is inserted:SCHEDULE 2 - Prescribed fees
Item
Matter for which fee is payable
Fee
$
1.
Lodgment of a power of attorney
90.50
2.
Application to search an index, power of attorney or other instrument
20.00
3.
Application or request for a photographic copy of a power of attorney or other instrument (if a fee has not been paid under item 2 )
20.00
4.
Application referred to in item 2 or 3 where a copy certified by the Recorder is requested (whether or not a fee has been paid under item 2 )
50.50
5.
Lodgment of an instrument for which a fee is not otherwise prescribed
70.50
PART 5 - Registration of Deeds Act 1935 Amended
In this Part, the Registration of Deeds Act 1935 is referred to as the Principal Act.
20. Section 42 amended (Fees)
Section 42 of the Principal Act is amended by inserting " Schedule 2 in" after "in".
21. Sections 42A and 42B inserted
After section 42 of the Principal Act , the following sections are inserted in Part IV:42A. Payment of prescribed fees
Subsections (2) and (3) of section 169E of the Land Titles Act 1980 have the same application to the payment of a prescribed fee under this Act as they have to the payment of a prescribed fee under that Act.No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001 is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed.
22. Schedule II inserted
After Schedule I to the Principal Act , the following Schedule is inserted:SCHEDULE II - Prescribed Fees
Item
Matter for which fee is payable
Fee
$
1.
Lodgment of application for registration for which a fee is not otherwise prescribed
70.50
2.
Deposit of deeds (comprising one title)
20.00
3.
Application to inspect deposited deeds or documents
20.00
4.
Application to search indexes, memorials, plans, field notes and other records in the Register (for each chain of title)
20.00
5.
Application or request for photographic copy of single memorial, record or other document or survey plan kept in Registry (if fee has not been paid under item 4)
20.00
6.
Application under item 5 if Registrar is requested to certify copy (whether or not fee has been paid under item 4)
50.50
7.
Application for registration of reconveyance or release or discharge of a charge, registered lien or judgment
90.50
PART 6 - Strata Titles Act 1998 Amended
In this Part, the Strata Titles Act 1998 is referred to as the Principal Act.
24. Section 105AA amended (Application to certain buildings in Hobart)
Section 105AA of the Principal Act is amended by omitting "Divison 2" and substituting "Division 2".
25. Sections 158A and 158B inserted
After section 158 of the Principal Act , the following sections are inserted in Part 11:(1) The fees prescribed in Schedule 1A are payable under this Act for the matters to which they respectively relate.(2) If a fee prescribed in Schedule 1A is payable to the Recorder, subsections (2) and (3) of section 169E of the Land Titles Act 1980 have the same application to the payment of that fee as they have to the payment of a prescribed fee under that Act.No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001 is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed.
26. Section 159 amended (Regulations)
Section 159 of the Principal Act is amended by omitting subsection (3) .
27. Schedule 1A inserted
After Schedule 1 to the Principal Act , the following Schedule is inserted:SCHEDULE 1A - Prescribed fees
Item
Matter for which fee is payable
Fee
$
1.
Lodgment of strata plan for registration
505.00
In addition, for each lot shown on the plan
50.50
2.
Application to amend registered strata plan –
(a) where the amendment results in the creation of additional lots
505.00
(b) where the amendment does not result in the creation of additional lots
90.50
3.
Application to consolidate 2 or more strata plans
505.00
4.
Application to cancel strata plan
90.50
5.
Lodgment of application for registration of –
(a) staged development scheme
505.00
(b) community development scheme
505.00
(c) conversion of existing strata scheme into staged development scheme
505.00
6.
Lodgment of final approved detail of a stage in a development scheme, or of an element in a community development scheme, where the stage or element is lodged separately from the scheme, or a fee is not payable for the lodgment of the element under the Land Titles Act 1980 –
(a) where the number of lots in the scheme is more than 5
505.00 (plus 50.50 for each lot in the stage or element)
(b) where the number of lots in the scheme is 5 or less
50.50 (plus 50.50 for each lot in the stage or element)
7.
Registration of variation to staged development scheme or community development scheme –
(a) where the variation results in the creation of additional lots
373.00
(b) where the variation does not result in the creation of additional lots
90.50
8.
Registration of dealing for sale or disposal of land subject to registered staged development scheme or registered community development scheme
131.00
9.
Application for relief under Part 9
25.00
10.
Inquiry under section 141
15.10
11.
Lodgment of order under section 142
90.50
12.
Lodgment of notice of appeal under section 144
252.00
13.
Application to Tribunal under section 96(1) , section 133(1) or section 145
90.50
14.
Application to council under section 31(1) , section 36(1) , section 42(1) , section 53(1) or section 58(1)
90.50
15.
Lodgment with Recorder of dealing, instrument or application not provided for elsewhere in this Schedule
90.50
16.
Lodgment with Recorder of plan not provided for elsewhere in this Schedule
505.00 (plus 50.50 for each lot shown on the plan)
[Second reading presentation speech made in:
House of Assembly on 1 NOVEMBER 2001
Legislative Council on 21 NOVEMBER 2001]