Subdivision (Registrar's Fees) Regulations 2004

Victorian Legislation Parliamentary Documents i Subdivision (Registrar's Fees) Regulations 2004 S.R. No. 116/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Commencement 1 3. Authorising provisions 1 4. Revocation 1 5. Definition 2 6. Fees for lodging documents 2 7. Other fees payable to the Registrar of Titles 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 116/2004 Subdivision Act 1988 Subdivision (Registrar's Fees) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 21 September 2004 Responsible Minister: MARY DELAHUNTY Minister for Planning DIANE CASEY 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. Commencement These Regulations come into operation on 10 October 2004. 3. 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. 4. Revocation The Subdivision (Registrar's Fees) Regulations 1993 1 are revoked. -- 2 of 10 -- Victorian Legislation Parliamentary Documents S.R. No. 116/2004 Subdivision (Registrar's Fees) Regulations 2004 2 5. Definition In these Regulations, "the Act" means the Subdivision Act 1988. 6. Fees for lodging documents The following fees are payable to the Registrar on the lodgement under the Act of the following documents— Item Details Fees 1. Plan of subdivision other than under item 2 39⋅10 fee units plus for each lot in excess of 2 comprised in the plan 8⋅31 fee units plus for each body corporate 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 19⋅55 fee units 2. For a staged subdivision— (a) For the master plan 39⋅10 fee units plus for each lot in excess of 2 comprised in the master plan 8⋅31 fee units plus for each body corporate 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 19⋅55 fee units r. 5 -- 3 of 10 -- Victorian Legislation Parliamentary Documents S.R. No. 116/2004 Subdivision (Registrar's Fees) Regulations 2004 3 Item Details Fees (b) For a plan for the second or subsequent stage 39⋅10 fee units plus for each lot in excess of 2 comprised in the plan for the second or subsequent stage 8⋅31 fee units plus for each body corporate 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 19⋅55 fee units 3. Plan of consolidation other than under item 21 plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958 39⋅10 fee units 19⋅55 fee units 4. Plan of creation, variation or removal of an easement or condition in the nature of an easement in a Crown grant other than under item 19 43⋅99 fee units plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed 8⋅31 fee units 5. Plan for the creation, variation or removal of restriction other than under item 19 8⋅80 fee units plus for each lot in excess of 2 over which the restriction is to be created varied or removed 8⋅31 fee units 6. Application to amend a plan to no longer show a restricted unit on a plan of strata subdivision or a restricted lot on a plan of cluster subdivision—for each lot amended 4⋅40 fee units r. 6 -- 4 of 10 -- Victorian Legislation Parliamentary Documents S.R. No. 116/2004 Subdivision (Registrar's Fees) Regulations 2004 4 Item Details Fees 7. Application to amend or alter a schedule or lot entitlement or lot liability other than under item 22 8⋅80 fee units 8. 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 4⋅40 fee units 10. Application to amend or cancel a registered plan in accordance with an order by the court 43⋅99 fee units 11. Application to change the address for service of notices on the body corporate 4⋅40 fee units 12. Application to cancel or alter a scheme of development accompanying a cluster subdivision under section 44(5A) of the Act 8⋅80 fee units 13. Plan to alter the boundaries of any land affected by the body corporate under section 32(1)(c) of the Act 39⋅10 fee units plus for each lot in excess of 2 comprised in the plan 8⋅31 fee units plus for each body corporate 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 19⋅55 fee units 14. Plan to increase or reduce the number of lots affected by the body corporate under section 32(1)(d) of the Act 8⋅80 fee units r. 6 -- 5 of 10 -- Victorian Legislation Parliamentary Documents S.R. No. 116/2004 Subdivision (Registrar's Fees) Regulations 2004 5 Item Details Fees 15. Plan to create new lots or new common property under section 32(1)(e) of the Act 39⋅10 fee units plus for each lot in excess of 2 comprised in the plan for the second or subsequent stage 8⋅31 fee units plus for each body corporate 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 19⋅55 fee units 16. Plan to create a body corporate under section 32(1)(f) of the Act 9⋅78 fee units plus for each body corporate in excess of one created by the plan 9⋅78 fee units 17. Plan dissolving a body corporate under section 32(1)(g) of the Act 4⋅40 fee units plus for each body corporate in excess of one comprised in the plan 4⋅40 fee units 18. Plan to merge with another body corporate under section 32(1)(h) of the Act 4⋅40 fee units 19. Plan of creation, variation or removal of an easement or condition under section 32(1)(i) of the Act 43⋅99 fee units plus for each lot in excess of 2 over which the easement or condition is to be created, varied or removed 8⋅31 fee units 20. Plan of creation, variation or removal of a restriction under section 32(1)(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 8⋅31 fee units r. 6 -- 6 of 10 -- Victorian Legislation Parliamentary Documents S.R. No. 116/2004 Subdivision (Registrar's Fees) Regulations 2004 6 Item Details Fees 21. Plan of consolidation under section 32(1)(j) of the Act 39⋅10 fee units Plus for every plan which the Registrar of Titles considers should be supported by a survey pursuant to section 95 of the Transfer of Land Act 1958 19⋅55 fee units 22. Plan of creation, alteration or extinguishment of lot entitlement or lot liability under section 32(1)(k) of the Act 8⋅80 fee units 23. Plan for amendment or cancellation of a scheme of development under the Cluster Titles Act 1974 under section 32(1)(l) of the Act 8⋅80 fee units 24. Plan containing more than one alteration as referred to in sections 32(1)(a), (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), (1)(h), (1)(i), (1)(j), (1)(k), (1)(l) of the Act instead of the fees that would otherwise be payable for each alteration separately 39⋅10 fee units plus for each lot in excess of 2 comprised in the plan 8⋅31 fee units plus for each body corporate 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 19⋅55 fee units 25. For a plan referred to in sections 32(3), 32A and 35 of the Act the appropriate fee in item 1 or item 3 applies 26. Amendment of 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 r. 6 -- 7 of 10 -- Victorian Legislation Parliamentary Documents S.R. No. 116/2004 Subdivision (Registrar's Fees) Regulations 2004 7 Item Details Fees 27. 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 4⋅40 fee units 28. 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 29. Plan to remove or vest and remove a reservation under section 24A of the Act other than under item 28 39⋅10 fee units plus for each reserve in excess of 2 effected 8⋅31 fee units plus for every plan supported by a survey pursuant to section 95 of the Transfer of Land Act 1958 19⋅55 fee units 30. Plan to create a body corporate under section 32B of the Act 9⋅78 fee units plus for each body corporate in excess of one created by the plan 9⋅78 fee units 31. Any other instrument, application or document for which a fee is not specified in these Regulations or under the Transfer of Land Act 1958 8⋅80 fee units 32. On every application, instrument or document sent by post or left for lodgement at the Office of Titles under cover and accepted by the Registrar for lodgement—additional fee of $5.00 33. On every application for approval of a boundary plan pursuant to section 26 of the Act 27⋅37 fee units r. 6 -- 8 of 10 -- Victorian Legislation Parliamentary Documents S.R. No. 116/2004 Subdivision (Registrar's Fees) Regulations 2004 8 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 ═══════════════ r. 7 -- 9 of 10 -- Victorian Legislation Parliamentary Documents S.R. No. 116/2004 Subdivision (Registrar's Fees) Regulations 2004 9 ENDNOTES 1 Reg. 4: S.R. No. 186/1993. Endnotes -- 10 of 10 --