Subdivision (Registrar's Fees) (Amendment) Regulations 2008
Subdivision (Registrar's Fees) (Amendment)
Regulations 2008
S.R. No. 8/2008
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provisions 1
3 Commencement 2
4 Regulation 6 substituted 2
6 Fees for lodging documents 2
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ENDNOTES 12
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STATUTORY RULES 2008
S.R. No. 8/2008
Subdivision Act 1988
Transfer of Land Act 1958
Subdivision (Registrar's Fees) (Amendment)
Regulations 2008
The Governor in Council makes the following Regulations:
Dated: 19 February 2008
Responsible Minister:
GAVIN JENNINGS
Minister for Environment and Climate Change
RYAN HEATH
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Subdivision (Registrar's Fees) Regulations 2004—
(a) to implement changes arising from the
enactment of the Owners Corporations Act
2006; and
(b) to change the order of items in the table in
regulation 6 to aid clarity; and
(c) to make other minor amendments.
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.
1
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3 Commencement
These Regulations come into operation on
1 March 2008.
4 Regulation 6 substituted
For regulation 6 of the Subdivision (Registrar's
Fees) Regulations 20041 substitute—
"6 Fees for lodging documents
(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
49⋅91 fee
units
plus for each lot in
excess of 2 comprised
in the plan
10⋅89 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 a survey
pursuant to section 95
of the Transfer of
Land Act 1958
24⋅50 fee
units
2
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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
49⋅91 fee
units
plus for each
lot in excess
of 2 comprised
in the master
plan
10⋅89 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 a survey
pursuant to
section 95 of
the Transfer
of Land Act
1958
24⋅50 fee
units
(b) for a plan for
the second or
subsequent
stage
49⋅91 fee
units
plus for each
lot in excess
of 2 comprised
in the plan for
the second or
subsequent
stage
10⋅89 fee
units
3
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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
24⋅50 fee
units
3 22 Plan of consolidation
other than under
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
49⋅91 fee
units
24⋅50 fee
units
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
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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 under
section 32(i) of the
Act
49⋅91 fee
units
plus for each lot in
excess of 2 over
which the easement or
condition is to be
created, varied or
removed
10⋅89 fee
units
6 23 Plan for the
creation, variation
or removal of
restriction other than
under 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
10⋅89 fee
units
7 24A Plan to vest land
referred to in
column 2 of the Table
in section 24A of the
Act
17⋅60 fee
units
plus for each reserve
in excess of 2 vested
4⋅89 fee
units
5
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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
49⋅91 fee
units
plus for each reserve
in excess of 2 effected
10⋅89 fee
units
plus for every plan
supported by a survey
pursuant to section 95
of the Transfer of
Land Act 1958
24⋅50 fee
units
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 32(c) Plan to alter the
boundaries of any
land affected by the
owners corporation
49⋅91 fee
units
plus for each lot in
excess of 2 comprised
in the plan
10⋅89 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 a survey
pursuant to section 95
of the Transfer of
Land Act 1958
24⋅50 fee
units
6
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Column 1 Column 2 Column 3 Column 4
Item No.
Section of
Act Details Fee
12 32(d) Plan to increase or
reduce the number of
lots affected by the
owners corporation
8⋅80 fee
units
13 32(e) Plan to create new
lots or new common
property
49⋅91 fee
units
plus for each lot in
excess of 2 comprised
in the plan
10⋅89 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 a survey
pursuant to section 95
of the Transfer of
Land Act 1958
24⋅50 fee
units
14 32(f) 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
15 32(g) Plan dissolving an
owners corporation
4⋅40 fee
units
plus for each owners
corporation in excess
of one comprised in
the plan
4⋅40 fee
units
16 32(h) Plan to merge with
another owners
corporation
4⋅40 fee
units
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Column 1 Column 2 Column 3 Column 4
Item No.
Section of
Act Details Fee
17 32(i) Plan to create, vary or
remove an easement
or condition
49⋅91 fee
units
plus for each lot in
excess of 2 over
which the easement or
condition is to be
created, varied or
removed
10⋅89 fee
units
18 32(i) Plan to create, vary or
remove a restriction
8⋅80 fee
units
plus for each lot in
excess of 2 over
which the restriction
is to be created,
varied or removed
10⋅89 fee
units
19 32(j) Plan of consolidation 49⋅91 fee
units
plus for every plan
supported by a survey
required under section
95 of the Transfer of
Land Act 1958
24⋅50 fee
units
20 32(k) Plan to create, alter or
extinguish lot
entitlement or lot
liability
8⋅80 fee
units
21 32(l) Plan to amend or
cancel a scheme of
development under
the Cluster Titles
Act 1974
8⋅80 fee
units
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Column 1 Column 2 Column 3 Column 4
Item No.
Section of
Act Details Fee
22 32 Plan containing more
than one alteration as
referred to in sections
32(a), (b), (c), (d), (e),
(f), (g), (h), (i), (j), (k)
and (l) of the Act
instead of the fees that
would otherwise be
payable for each
alteration separately
49⋅91 fee
units
plus for each lot in
excess of 2 comprised
in the plan
10⋅89 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 a survey
pursuant to section 95
of the Transfer of
Land Act 1958
24⋅50 fee
units
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
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Column 1 Column 2 Column 3 Column 4
Item No.
Section of
Act Details Fee
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
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
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Column 1 Column 2 Column 3 Column 4
Item No.
Section of
Act Details Fee
31 44(5A) Application to cancel
or alter a scheme of
development
accompanying a plan
of cluster subdivision
8⋅80 fee
units
(2) The prescribed fee for lodgement 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 any document
left for lodgement under cover or sent by
post, in addition to any other fee payable on
the document, is $5.00.
(4) The prescribed fee for lodgement 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.".
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Endnotes
ENDNOTES
1 Reg. 4: S.R. No. 116/2004 as amended by S.R. No. 45/2007.
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