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New lodgement fees from 1 July 2005

In accordance with the Monetary Units Act 2004, Land Registry fees expressed in number of fee units will increase from 1 July 2005.

The increases are applicable to fees contained in the:

• Transfer of Land (Fees) Regulations 2004,
• Subdivision (Registrar’s Fees) Regulations 2004,
• Instruments (Fees) Regulations 2004, and
• Property Law (Fees) Regulations 2004.

Land Registry lodgement fees expressed in number of fee units in other Regulations will also increase on that date.

The new fees are determined by multiplying the number of fee units contained in the Regulations by the value of the fee unit being $10.49, which is the amount announced by the Treasurer in Government Gazette No. 14 15 April 2005, and rounded to the nearest 10 cents.

The lodgement fees expressed as dollar amounts, such as the Safe Custody Fee and Correspondence Fee will not change.

Search fees expressed in number of fee units will also be indexed from 1 July 2005. Search fees expressed in dollar amounts in the Regulations will not change.

New fee guides will be available on the Land Channel and at the Land Information Centre soon.
Customers are encouraged to go to “Titles Plans and Property Certificates” and proceed to “Money Matters” for further information.

Any queries relating to these new lodging fees should be directed to the Land Information Services Customer Service on 8636 2831.

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Caveats affecting multiple dwelling folios

There are a number of folios of the Register over which caveats are regularly lodged, claiming interests in land affecting only some part of the land. These interests can include exclusive occupancies (typically in units in a Retirement Village), rights created under long term leases (in apartments in Retirement Villages or long term leases on units/sections of motels/resorts), caravan parks, etc.

These caveats do not always describe the land affected or the interest claimed in the same way. Some use the phrase “as to part” in the ‘Land’ panel; others describe a defined part of the property, e.g. lot, flat, apartment, site etc. Some do both. These definitions are not known to title.

Past practice has often been to record such caveats ‘as to part’ and, usually, to include an additional entry referring to a description eg “LAND DESCRIPTION APARTMENT 602”.

It has now been decided to cease this practice.

In future, when recording any caveat that refers to a description not known to title, whether it be included in the ‘Land’ panel or in the ‘Grounds of Claim’ panel, the description will be ignored. The caveat will not be endorsed ‘as to part’ and no additional entry of the description will be made.

NB: This change does not apply to a caveat that describes the land ‘as to part’ and defines the part affected by reference to a fully dimensioned plan.

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Certification of company searches

When a certified copy of a company search is required to be lodged the certification should read as follows:

“I certify that I have obtained this company search certificate comprising (number) pages from ASIC or its authorised broker and that the content has not been altered in any way.
(Signature)
Current Practitioner for (Transferor, Mortgagor, etc.)
(Strike out the words ‘Current Practitioner’ if not applicable).
Name:
Address:”

Land Registry has granted a transitional period of two months during which certified copies of company searches lodged may bear certification in the previous form. From 1 August 2005, this form of certification will not be accepted.

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Lodgement Fees

Section of Act	Transfer of Land (Fees) Regulations	Fees
14	Application to bring land under the operation of the Act based on deeds (Application (Non-Survey) Conversion Scheme)	$92.30
14	Application to bring land under the operation of the Act based on survey (Application (Survey) Conversion Scheme)	$92.30
31	Replace a certificate of title lost or destroyed plus for each additional certificate of title	$184.60 $20.60
32	Application to produce a new folio of the Register plus for each additional folio of the Register	$92.30 $20.60
45	Transfer on sale	$92.30 ($92.30 plus $2.46 for every whole $1000 of the consideration, rounded up to the next whole dollar, the total fee not to exceed $1323. (If zero $ consideration the fee is $93)
49	Transmission application by personal representative – Executor/Administrator	$61.60
50	Transmission application by joint proprietor – Survivorship	$61.60
52(2) & 52(7)	Recording of a judgment, decree, order or process of execution of the High Court of Australia or of the Supreme Court or County Court	$123.00
52(6)	Recording of satisfaction of any such judgment, decree, order or process of execution	$92.30
60	Application for a vesting order by person claiming title by possession supported by a survey required by the Registrar under section 60 of the Act	$820.30
60	Application for vesting order by person claiming title by adverse possession for which a survey is not required by the Registrar	$615.20
66	Lease	$92.30
74	Mortgage or charge	$46.20
75A	Variation of mortgage or charge	$46.20
84(1)	Discharge of mortgage or charge wholly or partially	$46.20
88(1B)	Application to record, amend or delete a recording of a restrictive covenant	$123.00
89	Caveat, or withdrawal of a caveat wholly or in part	$46.20
89A	Application for service of a notice – for each caveat affected	$123.00
99	Application to amend a folio of the Register whether a new certificate of title is issued or not	$92.30
103(2)	Application to amend a folio of the Register as to description of land supported by a survey required by the Registrar under section 95(1) of the Act	$410.20
103(2)	Application to amend a folio of the Register as to description of land for which a survey is not required by the Registrar	$205.10
113 (5)	Application to amend a folio of the Register otherwise than as to description of land – correct name on title (for example)	$92.30
120 (2)	In addition to any specific fee, an additional fee will apply if more than five folios of the Register are affected For each additional folio affected	$10.00
	On every application sent by post	$5.00

Lodgement Fees

Section of Act	Subdivision (Registrar’s Fees) Regulations	Fees
22	For lodgement of a plan of subdivision plus for each lot in excess of two plus for each body corporate in excess of one	$410.20 $87.20 $102.60
22	For every plan supported by a survey pursuant to section 95 of the TLA 1958	$205.10
22(1)	For registering a plan of consolidation other than under section 32(1)(I) plus for every plan supported by a survey pursuant to section 95 of the TLA 1958	$410.20 $205.10
22(1B)	Application for service of a notice – for each mortgage, charge, lease, sublease, annuity or caveat in respect of which application under section 22(1B) of the Act is made	$46.20
23	Plan of creation, variation or removal of an easement or condition in the nature of an easement in a Crown grant other than under section 32(1)(I) plus for each lot in excess of two over which the easement or condition is to be created, varied or removed	$461.50 $87.20
23	Plan for the creation, variation or removal of restriction other than under section 32(1)(I) plus for each lot in excess of two over which the restriction is to be created, varied or removed	$92.30 $87.20
24A	Plan to vest land referred to in column 2 of the Table in section 24A of the Act plus for each reserve in excess of two vested	$184.60 $51.30
24A	Plan to remove or vest and remove a reservation under section 24A of the Act plus for each reserve in excess of two affected	$410.20 $87.20
24A	plus for every plan supported by a survey pursuant to section 95 of the TLA 1958	$205.10
26	Application for approval of a Boundary Plan	$287.10
27(2C)	For any additional rules or amendment or revocation of the additional rules including recording additional rules which accompany a plan creating a body corporate or merging bodies corporate	$46.20
32(1)(d)	Plan to increase or reduce the number of lots affected by the body corporate	$94.60
32(1)(e)	Plan to create new lots or new common property plus for each lot in excess of two plus for each body corporate in excess of one plus for every plan supported by a survey pursuant to section 95 of the TLA 1958	$410.20 $87.20 $102.60 $205.10
32(1)(f)	Plan to create a body corporate plus for each body corporate in excess of one created by the plan	$102.60 $102.60
32(1)(g)	Plan dissolving a body corporate plus for each body corporate in excess of one comprised in the plan	$46.20 $46.20
32(1)(h)	Plan to merge with another body corporate	$46.20
32(1)(I)	Plan of creation, variation or removal of an easement or condition plus for each lot in excess of two over which the easement or condition is to be created, varied or removed	$461.50 $87.20
32(1)(j)	Plan for the creation, variation or removal of restriction plus for each lot in excess of two over which the restriction is to be created, varied or removed	$92.30 $87.20
32(1)(k)	Plan of consolidation where the Registrar of Titles considers should be supported by a survey pursuant to section 95 of the TLA 1958	$410.20 $205.10
34(2)	Plan of creation, alteration or extinguishment of lot entitlement or lot liability	$92.30
34(2)	Application to amend or alter a schedule or lot entitlement or lot liability	$92.30
34(2)	Application to change the address for service of notices on a body corporate	$46.20
44(5A)	Application to cancel or alter a scheme of development accompanying a cluster subdivision	$92.30
	Plan number to be used on plans submitted to Councils and Referral Authorities	$10.00
	On every application sent by post	$5.00

Guidelines for the preparation of agreements under Section 173 of the Planning and Environment Act 1987

Increasingly, applications to record Section 173 agreements are being presented to Land Registry with attachments containing unnecessary and voluminous attachments. Land Registry has now adopted some basic guidelines that practitioners should follow when preparing a Section 173 agreement.

The guidelines are as follows:

1. Do not include attachments such as copies of endorsed plans or prior registered plans of subdivision, planning permits, planning certificates, soil reports, landscape design diagrams, aerial photographs, traffic reports or other similar supporting material, data or reports unless they identify particular features or any similar item. Much of the information is already available and held by the Responsible Authority or will be registered on the Plan of Subdivision that is to be registered, a copy can be obtained through Land Registry. If a reference must be made to a plan or permit, simply refer to it in the body of the agreement rather than attaching a copy of the document.
2. Use normal A4-sized white paper, good quality A4-sized photocopy paper should be used with clear, legible, and black print. Attachments prepared using colour or in black print. Attachments prepared using colour should not be presented.
3. All plans are to be printed single-sided only. Avoid oversized documents, particularly plans. (Note: Simply reducing an oversized plan to A4 size may make it unsuitable for imaging and search purposes, due to font size and zoning scale).
4. Any endorsed attachment that must be referred to in the agreement or that plan referred to in the agreement and it is described in the agreement and a title is affected by the agreement and the diagram or plan attached identifies the lot or the land affected.
5. Land Registry considers that the need to attach an endorsed diagram or plan should only arise where the plan is intended to identify the land or a title is affected by the agreement and the diagram or plan attached identifies the lot or the land affected.

Practitioners should also satisfy themselves that any earlier registered Section 173 agreement is not relevant to the land affected by the agreement to be lodged.

Land Registry encourages all practitioners to avoid unnecessary attachments when preparing these types of agreements.

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Section 173 agreements

When an Application for recording of a Section 173 agreement is presented and the land description in the application refers only to the parent title of a Plan of Subdivision already lodged (i.e., the Section 173 is to be a follower dealing to an unregistered plan), the application will be refused. Amendment of the land description to identify affected lots or common property will be required.

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GST and consideration in a transfer

Most property sales do not attract GST. However, in a small number of transactions, GST will be payable by a Vendor. GST is normally on top of the purchase price, but as it is imposed on the recipient of the consideration, the “consideration” recorded in the Transfer of Land must reflect the total amount required to be paid by a purchaser to a Vendor in exchange for that Transfer.

The “Consideration” figure should be inclusive of GST if applicable.

Where a transfer has been stamped showing the “Consideration” panel has omitted GST payable on the Transfer, the Transfer will be refused and amendment to the consideration figure, plus submission of the appropriate fee, will be required.

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Change to VOTS search output

Land Registry has increased the number of “days between searches” allowed in a VOTS search output to show each Title search output from 105 days to 125 days. This change took effect on 1 February 2005.

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Change to SRO opening hours

After a successful trial period, the State Revenue Office (SRO) Customer Service Centre will now close early on Wednesdays at 1:00pm.

The closure will not affect SRO’s Document Return System (DRS) agents who will continue to have access through their appointment program.