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Subdivision (Registrar's Fees) Interim Regulations 2015

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 1 5 Definition 2 6 Fees for lodging documents 2 7 Other fees payable to the Registrar of Titles 12 8 Expiry 12 Schedule 1—Regulations revoked 13 ═══════════════ Endnotes 14 -- 1 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 105/2015 Subdivision Act 1988 Transfer of Land Act 1958 Subdivision (Registrar's Fees) Interim Regulations 2015 The Governor in Council makes the following Regulations: Dated: 15 September 2015 Responsible Minister: RICHARD WYNNE Minister for Planning MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe fees payable to the Registrar of Titles under the Subdivision Act 1988. 2 Authorising provisions These Regulations are made under — (a) section 43 of the Subdivision Act 1988; and (b) sections 97(1) and 120 of the Transfer of Land Act 1958. 3 Commencement These Regulations come into operation on 19 September 2015. 4 Revocation The Regulations listed in Schedule 1 are revoked. -- 2 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 2 Authorised by the Chief Parliamentary Counsel 5 Definition In these Regulations, the Act means the Subdivision Act 1988. 6 Fees for lodging documents (1) The prescribed fee, for lodgement with the Registrar of a document described in column 3 of the Table, that relates to the section of the Act specified in column 2 of the Table, is the relevant corresponding fee specified in column 4 of the Table. TABLE Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee 1 22 Plan of subdivision other than a staged subdivision under item 2 57⋅57 fee units plus for each lot in excess of 2 comprised in the plan 12⋅55 fee units plus for each owners corporation in excess of one created by the plan 9⋅78 fee units plus for every plan supported by documentation required by the Registrar under section 95 of the Transfer of Land Act 1958 28⋅33 fee units -- 3 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 3 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee 2 22 For a staged subdivision— (a) for the master plan 57⋅57 fee units plus for each lot in excess of 2 comprised in the master plan 12⋅55 fee units plus for each owners corporation in excess of one created by the master plan 9⋅78 fee units plus for every plan supported by documentation required by the Registrar under section 95 of the Transfer of Land Act 1958 28⋅33 fee units (b) for a plan for the second or subsequent stage 57⋅57 fee units plus for each lot in excess of 2 comprised in the plan for the second or subsequent stage 12⋅55 fee units -- 4 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 4 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee plus for each owners corporation in excess of one created by the plan in the second or subsequent stage 9⋅78 fee units plus for every plan supported by documentation required by the Registrar under section 95 of the Transfer of Land Act 1958 28⋅33 fee units 3 22 Plan of consolidation other than a consolidation referred to in section 32(j) of the Act 57⋅57 fee units plus for every plan supported by documentation required by the Registrar under section 95 of the Transfer of Land Act 1958 28⋅33 fee units 4 22(1B) Application for service of a notice on each mortgagee, chargee, leasee, sub- leasee, annuitant or caveator that has not consented to the plan 4⋅40 fee units -- 5 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 5 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee 5 23 Plan of creation, variation or removal of an easement or condition in the nature of an easement in a Crown grant other than as referred to in section 32(i) of the Act 57⋅57 fee units plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed 12⋅55 fee units 6 23 Plan for the creation, variation or removal of restriction other than as referred to in section 32(i) of the Act 8⋅80 fee units plus for each lot in excess of 2 over which the restriction is to be created, varied or removed 12⋅55 fee units 7 24A Plan to vest land referred to in column 2 of the Table in section 24A(1) of the Act 17⋅60 fee units plus for each reserve in excess of 2 vested 4⋅89 fee units 8 24A Plan to remove, or vest and remove, a reservation, other than under item 7 57⋅57 fee units -- 6 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 6 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee plus for each reserve in excess of 2 affected 12⋅55 fee units plus for every plan supported by documentation required by the Registrar under section 95 of the Transfer of Land Act 1958 28⋅33 fee units 9 26 On every application for approval of a boundary plan 27⋅37 fee units 10 27E(1) For recording any rules for an owners corporation, that accompany a plan creating an owners corporation or that merges owners corporations 4⋅40 fee units 11 32AD Plan to alter the boundaries of any land affected by the owners corporation as referred to in section 32(c) of the Act 57⋅57 fee units plus for each lot in excess of 2 comprised in the plan 12⋅55 fee units plus for each owners corporation in excess of one created by the plan 9⋅78 fee units -- 7 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 7 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee plus for every plan supported by documentation required by the Registrar under section 95 of the Transfer of Land Act 1958 28⋅33 fee units 12 32AD Plan to increase or reduce the number of lots affected by the owners corporation as referred to in section 32(d) of the Act 8⋅80 fee units 13 32AD Plan to create new lots or new common property as referred to in section 32(e) of the Act 57⋅57 fee units plus for each lot in excess of 2 comprised in the plan 12⋅55 fee units plus for each owners corporation in excess of one created by the plan 9⋅78 fee units plus for every plan supported by documentation required by the Registrar under section 95 of the Transfer of Land Act 1958 28⋅33 fee units -- 8 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 8 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee 14 32AD Plan to create an owners corporation as referred to in section 32(f) of the Act 9⋅78 fee units plus for each owners corporation in excess of one created by the plan 9⋅78 fee units 15 32AD Plan dissolving an owners corporation as referred to in section 32(g) of the Act 4⋅40 fee units plus for each owners corporation in excess of one comprised in the plan 4⋅40 fee units 16 32AD Plan to merge with another owners corporation as referred to in section 32(h) of the Act 4⋅40 fee units 17 32AD Plan to create, vary or remove an easement as referred to in section 32(i) of the Act 57⋅57 fee units plus for each lot in excess of 2 over which the easement is to be created, varied or removed 12⋅55 fee units 18 32AD Plan to create, vary or remove a restriction as referred to in section 32(i) of the Act 8⋅80 fee units -- 9 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 9 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee plus for each lot in excess of 2 over which the restriction is to be created, varied or removed 12⋅55 fee units 19 32AD Plan of consolidation as referred to in section 32(j) of the Act 57⋅57 fee units plus for every plan supported by documentation required by the Registrar under section 95 of the Transfer of Land Act 1958 28⋅33 fee units 20 32AD Plan to create, alter or extinguish lot entitlement or lot liability as referred to in section 32(k) of the Act 8⋅80 fee units 21 32AD Plan to amend or cancel a scheme of development under the Cluster Titles Act 1974 as referred to in section 32(l) of the Act 8⋅80 fee units 22 32AD Plan containing more than one alteration as referred to in section 32(a) to (l) of the Act instead of the fees that would otherwise be payable for each alteration separately 57⋅57 fee units -- 10 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 10 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee plus for each lot in excess of 2 comprised in the plan 12⋅55 fee units plus for each owners corporation in excess of one created by the plan 9⋅78 fee units plus for every plan supported by documentation required by the Registrar under section 95 of the Transfer of Land Act 1958 28⋅33 fee units 23 32AI, 32A and 35 For a plan referred to in sections 32AI, 32A and 35 of the Act the appropriate fee for lodging that plan under section 22 of the Act as set out in item 1 or 3 24 32B Registration of a plan to create an owners corporation 9⋅78 fee units plus for each owners corporation in excess of one created by the plan 9⋅78 fee units 25 33(1) Application to alter a lot entitlement or lot liability other than under section 32(k) of the Act 8⋅80 fee units -- 11 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 11 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee 26 34(2) Owners corporation informing of a change of address for recording by the Registrar 4⋅40 fee units 27 34G(4) Notice of application to Victorian Civil and Administrative Tribunal for an order that the owners corporation be wound up 4⋅40 fee units 28 34H(1) Application to amend or cancel a registered plan in accordance with an order of the Victorian Civil and Administrative Tribunal 43⋅99 fee units 29 44(4A) Application to amend a plan to no longer show an accessory lot as an accessory lot on a plan of strata subdivision or a plan of cluster subdivision—for each lot amended 4⋅40 fee units 30 44(5) Application to amend a plan to remove a restriction on a plan of strata subdivision or a plan of cluster subdivision—for each lot amended 4⋅40 fee units 31 44(5A) Application to cancel or alter a scheme of development accompanying a plan of cluster subdivision 8⋅80 fee units -- 12 of 15 -- Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 12 Authorised by the Chief Parliamentary Counsel (2) The prescribed fee for lodgement with the Registrar of rules for an owners corporation that have been made or amended under section 142 of the Owners Corporations Act 2006 is 4⋅40 fee units. (3) The prescribed fee for lodging with the Registrar any document left for lodgement under cover or sent by post, in addition to any other fee payable under regulation 6(1) on the document, is $5.00. (4) The prescribed fee for lodgement with the Registrar of any instrument, application or document for which a fee is not otherwise specified in these Regulations or the Transfer of Land Act 1958 is 8⋅80 fee units. 7 Other fees payable to the Registrar of Titles The following fees are payable for the following things done by the Registrar of Titles under the Act— Item Details Fees 1 Plan number to be used on plans submitted to Councils and Referral Authorities $10.00 2 For recording the vesting date of a compulsory acquisition 8⋅80 fee units 8 Expiry These Regulations expire on 18 September 2016. -- 13 of 15 -- Schedule 1—Regulations revoked Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 13 Authorised by the Chief Parliamentary Counsel Schedule 1—Regulations revoked Regulation 4 S.R. No. Title 116/2004 Subdivision (Registrar's Fees) Regulations 2004 45/2007 Subdivision (Registrar's Fees) Amendment Regulations 2007 8/2008 Subdivision (Registrar's Fees) (Amendment) Regulations 2008 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 32/2013 Subdivision (Registrar's Fees) Amendment Regulations 2013 ═══════════════ -- 14 of 15 -- Endnotes Subdivision (Registrar's Fees) Interim Regulations 2015 S.R. No. 105/2015 14 Authorised by the Chief Parliamentary Counsel Endnotes Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2015 is $13.60. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. -- 15 of 15 --