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Subdivision (Registrar's Fees) Amendment Regulations 2012

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i Subdivision (Registrar's Fees) Amendment Regulations 2012 S.R. No. 16/2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 2 4 Regulation 6(1) substituted—Table of fees for lodging documents 2 ═══════════════ ENDNOTES 12 -- 1 of 13 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 16/2012 Subdivision Act 1988 Transfer of Land Act 1958 Subdivision (Registrar's Fees) Amendment Regulations 2012 The Governor in Council makes the following Regulations: Dated: 28 February 2012 Responsible Minister: RYAN SMITH Minister for Environment and Climate Change MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Subdivision (Registrar's Fees) Regulations 2004 to increase certain fees payable to the Registrar of Titles under the Subdivision Act 1988. 2 Authorising provisions These Regulations are made under section 43 of the Subdivision Act 1988 and sections 97(1) and 120 of the Transfer of Land Act 1958. -- 2 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 26 March 2012. 4 Regulation 6(1) substituted—Table of fees for lodging documents For regulation 6(1) of the Subdivision (Registrar's Fees) Regulations 20041 substitute— "(1) The prescribed fee for the purposes of a section of the Act specified in column 2 of the table, for lodgement of a document described in column 3 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 $721.30 plus for each lot in excess of 2 comprised in the plan $157.30 plus for each owners corporation in excess of one created by the plan 9⋅78 fee units plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958 $355.00 r. 3 -- 3 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 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 $721.30 plus for each lot in excess of 2 comprised in the master plan $157.30 plus for each owners corporation in excess of one created by the master plan 9⋅78 fee units plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958 $355.00 (b) for a plan for the second or subsequent stage $721.30 plus for each lot in excess of 2 comprised in the plan for the second or subsequent stage $157.30 r. 4 -- 4 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 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 a survey pursuant to section 95 of the Transfer of Land Act 1958 $355.00 3 22 Plan of consolidation other than a consolidation referred to in section 32(j) of the Act plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958 $721.30 $355.00 4 22(1B) Application for service of a notice— for each mortgage, charge, lease, sublease, annuity or caveat in respect of which application is made 4⋅40 fee units r. 4 -- 5 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 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 $721.30 plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed $157.30 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 $157.30 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 r. 4 -- 6 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 6 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee 8 24A Plan to remove, or vest and remove, a reservation, other than under Item 7 $721.30 plus for each reserve in excess of 2 affected $157.30 plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958 $355.00 9 26 On every application for approval of a boundary plan 27⋅37 fee units 10 27E(1) For any rules for an owners corporation, that accompany a plan creating an owners corporation or merging 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 $721.30 plus for each lot in excess of 2 comprised in the plan $157.30 plus for each owners corporation in excess of one created by the plan 9⋅78 fee units r. 4 -- 7 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 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 a survey pursuant to section 95 of the Transfer of Land Act 1958 $355.00 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 $721.30 plus for each lot in excess of 2 comprised in the plan $157.30 plus for each owners corporation in excess of one created by the plan 9⋅78 fee units plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958 $355.00 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 r. 4 -- 8 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 8 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee 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 or condition as referred to in section 32(i) of the Act $721.30 plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed $157.30 18 32AD Plan to create, vary or remove a restriction 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 $157.30 r. 4 -- 9 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 9 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee 19 32AD Plan of consolidation as referred to in section 32(j) of the Act $721.30 plus for every plan supported by a survey required under section 95 of the Transfer of Land Act 1958 $355.00 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 $721.30 plus for each lot in excess of 2 comprised in the plan $157.30 r. 4 -- 10 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 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 owners corporation in excess of one created by the plan 9⋅78 fee units plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958 $355.00 23 32AI, 32A and 35 For a plan referred to in sections 32AI, 32A and 35 of the Act the appropriate fee under section 22 of the Act as set out in items 1, 2 and 3 applies 24 32B 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 26 34(2) Application to change the address for service of notices on the owners corporation 4⋅40 fee units r. 4 -- 11 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 11 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item No. Section of Act Details Fee 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 ". ═══════════════ r. 4 -- 12 of 13 -- S.R. No. 16/2012 Subdivision (Registrar's Fees) Amendment Regulations 2012 12 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 116/2004 as amended by S.R. Nos 45/2007 and 8/2008. —— 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 2011 is $12.22. 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. Endnotes -- 13 of 13 --