Transfer of Land (Fees) Regulations 2004

Victorian Legislation Parliamentary Documents i Transfer of Land (Fees) Regulations 2004 S.R. No. 118/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 1 5. Definitions 2 6. Categories of search services 2 7. Fees, charges, expenses and other amounts 3 8. Fee for safe custody 3 __________________ SCHEDULES 4 SCHEDULE 1—Regulations Revoked 4 SCHEDULE 2—Specific Fees and Amounts 5 SCHEDULE 3—Miscellaneous Fees and Amounts 16 ═══════════════ -- 1 of 17 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 118/2004 Transfer of Land Act 1958 Transfer of Land (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, charges, expenses and other amounts payable under the Transfer of Land Act 1958. 2. Authorising provisions These Regulations are made under sections 120 and 121 of the Transfer of Land Act 1958. 3. Commencement These Regulations come into operation on 10 October 2004. 4. Revocation The Regulations in Schedule 1 are revoked. -- 2 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 2 5. Definitions In these Regulations— "Act" means Transfer of Land Act 1958; "automated folio" means a folio of the Register that is not a manual folio within the meaning of section 4 of the Act; "search service" means access to the land registration records of the Office of Titles. 6. Categories of search services (1) For the purposes of these Regulations, a search service may be a Category 1, Category 2, Category 3 or Category 4 search service. (2) A search service is a Category 1 search service if the search service is ordered through and supplied by on-line computer access to a person to whom the State has issued a licence to supply land registration information to the public. (3) A search service is a Category 2 search service if the search service is ordered from and supplied by the staff of the Office of Titles to a person who attends personally at the Office of Titles. (4) A search service is a Category 3 search service if— (a) the search service is ordered by and supplied to a person who has entered into an agreement with the State, for the provision of on-line computer access to the land registration records of the Office of Titles; and (b) that agreement provides, among other things, for a minimum level of use of that on-line computer access; and r. 5 -- 3 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 3 (c) that person attends personally at the Office of Titles to gain that access; and (d) that access is gained without the assistance of the staff of the Office of Titles. (5) A search service is a Category 4 search service if the search service is ordered by and supplied to a person by the Office of Titles using Internet access without the attendance of the person at the Office of Titles. 7. Fees, charges, expenses and other amounts There are payable to the Registrar the fees and other amounts as set out in Schedules 2 and 3. 8. Fee for safe custody (1) There is payable to the Registrar a fee of $10.00 for each certificate of title, duplicate instrument or other document which has been left to be kept in safe custody with the Registrar to be used by a third party for the lodgment and registration of a subsequent instrument, application or other document. (2) The fee is payable to the Registrar by the third party when the third party lodges the subsequent instrument, application or other document. __________________ r. 7 -- 4 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 4 SCHEDULES SCHEDULE 1 Regulation 4 REGULATIONS REVOKED S.R. No. Title 183/1993 Transfer of Land (Fees) Regulations 1993 220/1993 Transfer of Land (Safe Custody Fee) Regulations 1993 164/1998 Transfer of Land (Fees) (Amendment) Regulations 1998 __________________ Sch. 1 -- 5 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 5 SCHEDULE 2 Regulation 7 SPECIFIC FEES AND AMOUNTS Item Section of Act Fees and amounts 1. 13 Lodgment of a deed, conveyance or instrument supported by legal practitioner's certificate (Deed registration conversion scheme) 8·80 fee units 2. 14 Application to bring land under the operation of the Act based on deeds (Application (non-survey) conversion scheme) 8·80 fee units 3. 15 Application to bring land under the operation of the Act based on survey (Application (survey) conversion scheme) 8·80 fee units 4. 22 Lodgment of a specified dealing (other than a transfer of the fee simple estate) 8·80 fee units Sch. 2 -- 6 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 6 Item Section of Act Fees and amounts 5. 22 Lodgment of a specified dealing being a transfer of the fee simple estate 8·80 fee units plus $2.46 for every whole $1000 of the monetary consideration, rounded up if necessary to the next higher whole dollar or, if there is more than one consideration, the highest one, the total fee not to exceed 8·80 fee units plus $1230 6. 23 Application to bring land under the operation of the Act by the creation of a provisional folio 8·80 fee units 7. 26D Application for giving of notice for the deletion of a warning under Part V of the Fifth Schedule to the Act 11·73 fee units 8. 26F Notice claiming an interest in an identified folio 4·40 fee units 9. 26N Application for the giving of notice for the deletion of a recording from an identified folio 11·73 fee units 10. 26P Application to remove warning relating to title dimensions from a provisional folio 39·10 fee units 11. 26R Lodgment of caveat against creation of folio or removal of warning or withdrawal of such caveat 4·40 fee units Sch. 2 -- 7 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 7 Item Section of Act Fees and amounts 12. 27C One of the following search service categories resulting in a statement of the record of dealings in respect of a folio of the Register— Category 1 $4.95 Category 2 $8.55 Category 3 $5.45 Category 4 (Folio history search) $9.15 13. 27D(1) A certified copy of a search of an automated folio of the Register 2·39 fee units 14. 27G(3) One of the following search service categories resulting in a reproduction of a document that defines the boundaries of land by way of graphical and textual information— Category 1 $1.95 Category 2 $5.90 Category 3 $3.30 Category 4 (Plan search) $6.15 15. 27G(7) A certified copy of a reproduction of a document that defines the boundaries of land by way of graphical and textual information (Certified plan search) 1·64 fee units 16. 31 Application to produce new certificate of title to replace a certificate of title lost, destroyed or obliterated 17·60 fee units plus for each additional certificate of title 1·96 fee units 17. 32 Application to produce new folio of the Register 8·80 fee units plus for each additional folio of the Register 1·96 fee units Sch. 2 -- 8 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 8 Item Section of Act Fees and amounts 18. 35(4) Application to issue a certificate in place of duplicate instrument lost or destroyed 8·80 fee units plus for each additional instrument 1·96 fee units 19. 37 Deposit of documents declaratory of trusts 4·40 fee units 20. 38 Application for order to deal with folios of the Register recorded "no survivorship" 17·60 fee units 21. 45 Transfer on sale (other than a transfer on sale of one or more mortgages to or by an authorised deposit-taking institution under the Banking Act 1959 of the Commonwealth) 8·80 fee units plus $2.46 for every whole $1000 of the monetary consideration or, if there is more than one consideration, the highest one rounded up if necessary to the next higher whole dollar, the total fee not to exceed 8·80 fee units plus $1230 22. 45 Transfer on sale of one or more mortgages, to or by an authorised deposit- taking institution within the meaning of the Banking Act 1959 of the Commonwealth 4·40 fee units 23. 45 Transfer other than a transfer on sale excluding the creation or surrender of an easement 8·80 fee units Sch. 2 -- 9 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 9 Item Section of Act Fees and amounts 24. 45 Creation or surrender of easement in which the consideration is monetary 43·99 fee units plus $2.46 for every whole $1000 of the monetary consideration or, if there is more than one consideration, the highest one rounded up if necessary to the next higher whole dollar, the total fee not to exceed 43·99 fee units plus $870 25. 45 Creation or surrender of easement in which the consideration is non-monetary 43·99 fee units 26. 47 Application for vesting order in case of completed purchase 17·60 fee units 27. 49 Transmission application by personal representative 5·87 fee units 28. 50 Transmission application by joint proprietor 5·87 fee units 29. 51 Transmission application by trustee of bankrupt 5·87 fee units 30. 52(2) and 52(7) Application for recording of a judgment, decree, order or process of execution of the High Court of Australia or of the Supreme Court or County Court 11·73 fee units 31. 52(6) Application for recording of satisfaction of any such judgment, decree, order or process of execution 8·80 fee units Sch. 2 -- 10 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 10 Item Section of Act Fees and amounts 32. 54 Application by acquiring authority for issue of certificate of title in respect of lands vested in that authority 8·80 fee units 33. 57 Notification of intention to acquire land compulsorily or of withdrawal of the notice of the acquisition 4·40 fee units 34. 58 Application by trustee for making a recording of vesting order 17·60 fee units 35. 59 Application for recording of a disposition 17·60 fee units 36. 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 78·20 fee units 37. 60 Application for vesting order by person claiming title by adverse possession for which a survey is not required by the Registrar 58·65 fee units 38. 61 Caveat forbidding granting of application for vesting order under section 60 or withdrawal of such a caveat 4·40 fee units 39. 66 Application to register lease 8·80 fee units 40. 68 Application for recording of disclaimer of lease by trustee in bankruptcy 4·40 fee units 41. 69 Application for recording of surrender of lease 4·40 fee units 42. 70 Application for recording recovery of possession by legal proceedings or re-entry by lessor or abandonment by lessee 23·46 fee units 43. 71 Application for recording of sub-lease 4·40 fee units 44. 72(2) Application for recording of an easement 43·99 fee units 45. 73(1) Application for deletion of an easement from the Register 43·99 fee units Sch. 2 -- 11 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 11 Item Section of Act Fees and amounts 46. 73(1B) Application for declaration that easement has been abandoned or extinguished 43·99 fee units 47. 73(4) Caveat forbidding the deletion of an easement from the Register, or withdrawal of such a caveat 4·40 fee units 48. 74 Application to register mortgage or charge 4·40 fee units 49. 75A Application to register variation of mortgage or charge 4·40 fee units 50. 75B(3) Application to register variation of priority of mortgage or charge 8·80 fee units 51. 79 Application for order for foreclosure 43·99 fee units 52. 84(1) Application for recording of discharge of mortgage or charge wholly or partially 4·40 fee units 53. 84(2) Application by mortgagor for recording of discharge of mortgage on proof of payment 17·60 fee units 54. 84(3) Application for recording of satisfaction of annuity 8·80 fee units 55. 84(4) Application for recording of discharge of mortgage or charge, wholly or partially 4·40 fee units 56. 85(1) Application for recording of discharge of land from mortgage on production of receipt of Treasurer 4·40 fee units 57. 88(1) Application to record, amend or delete a recording of a restrictive covenant 11·73 fee units 58. 88(1B) Application for written declaration that restrictive covenant is released, varied or modified 11·73 fee units 59. 88(2) Application for recording of notification of easement 43·99 fee units 60. 88(2) Application for recording of notification other than of an easement 8·80 fee units Sch. 2 -- 12 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 12 Item Section of Act Fees and amounts 61. 89 Application for recording of caveat forbidding dealings with land, or withdrawal of such a caveat wholly or in part 4·40 fee units 62. 89A Application for service of a notice—for each caveat affected 11·73 fee units 63. 91A Lodgment of a memorandum of common provisions 4·40 fee units 64. 92 Application for search certificate, including searching and the issue of such certificate 11·73 fee units 65. 93 Application for stay of registration, including order 11·73 fee units 66. 98A(2) Application for inclusion of certificate of shares or other like interests in stratum estate 4·40 fee units 67. 98C(1) Lodgment of service agreement for registration in respect of stratum estate 4·40 fee units 68. 98C(2) Application to register a cancellation or variation of service agreement in respect of stratum estate 4·40 fee units 69. 98CA Application for cancellation and registration of a plan if the applicant is a service company 8·80 fee units plus for each lot in excess of 2 comprised in the plan of subdivision 4·89 fee units 70. 98CA Application for cancellation and registration of a plan if the applicant is not a service company but a service company operates 8·80 fee units plus for each lot in excess of 2 comprised in the plan of subdivision 4·89 fee units 71. 98CA Application for cancellation and registration of a plan if no service company operates 8·80 fee units plus for each lot in excess of 2 comprised in the plan of subdivision 4·89 fee units Sch. 2 -- 13 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 13 Item Section of Act Fees and amounts 72. 99 Application to amend a folio of the Register whether a new certificate of title is issued or not 39·10 fee units 73. 100 Caveat forbidding granting of an application under item 72 or withdrawal of such a caveat 4·40 fee units 74. 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 39·10 fee units 75. 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 19·55 fee units 76. 103(2) Application to amend a folio of the Register otherwise than as to description of land 8·80 fee units 77. 103(2) Application to amend a plan of subdivision—for each plan so amended 8·80 fee units 78. 104(5) Application to Registrar to dispense with the submission of a certificate of title or any instrument 4·40 fee units 79. 106(c) Application for recording on folio of the Register that the folio is no longer affected by an encumbrance other than easement 4·40 fee units 80. 106(c) Application for recording on folio of the Register that the folio is no longer affected by an easement 43·99 fee units 81. 113(5) Application to amend or alter address in the Register 4·40 fee units 82. 113(6) Application by a caveator to amend or alter address for service 4·40 fee units 83. 113(6A) Application by person who lodged a notice under section 26F of the Act to amend or alter address for service 4·40 fee units Sch. 2 -- 14 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 14 Item Section of Act Fees and amounts 84. 114(1) One of the following search services resulting in— 1. A statement of subsisting information which identifies the registered proprietor of the land and identifies the documents on which are recorded any— (a) notices and encumbrances affecting the land; and (b) graphical information defining the boundaries of the land. 2. A reproduction of the document that defines the boundaries of the land by way of graphical and textual information— Category 1 $6.00 Category 2 1·32 fee units Category 3 $7.85 Category 4 (Folio search) 1·26 fee units 85. 114(1) One of the following search services resulting in a reproduction of any registered instrument— Category 1 $1.95 Category 2 $5.55 Category 3 $2.40 Category 4 (Instrument search) $6.15 Sch. 2 -- 15 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 15 Item Section of Act Fees and amounts 86. 114(1) One of the following search services resulting in a statement of dealings lodged for registration or recording within not less than 105 days prior to the use of the search service— Category 1 $1.50 Category 2 $7.05 Category 3 $2.00 Category 4 (Final search) $5.70 87. 114(2) Certified reproduction of any manual folio of the Register 3·36 fee units 88. 114(2) Certified reproduction of any registered instrument 2·56 fee units 89. 116(1) Application for statement of grounds of refusal by Registrar to grant any application 43·99 fee units 90. 121(2)(c) Licence to print and sell an approved form bearing the seal of the Office of Titles 8·80 fee units 91. 121(4) Licence to print and sell an approved form prepared by a person with the object of selling it for use by other persons 8·80 fee units 92. 121(7) Approval of a form for use by a person and authority to print sealed copies for use by that person 4·40 fee units 93. 121(10) Registration or granting of an instrument or application containing departures otherwise than in matters of substance from an approved form 4·40 fee units __________________ Sch. 2 -- 16 of 17 -- Victorian Legislation Parliamentary Documents S.R. No. 118/2004 Transfer of Land (Fees) Regulations 2004 16 SCHEDULE 3 Regulation 7 MISCELLANEOUS FEES AND AMOUNTS Item Section of Act Fees and amounts 1. 120(2) On every application, instrument or document sent by post or left for lodgment at the Office of Titles under cover and accepted by the Registrar for lodgment—additional fee of $5.00 2. 120(2) Any other instrument or application for which a fee is not specified in these Regulations or in any other Act 8·80 fee units 3. 120(2) In addition to any specific fee (other than specific fees under items 18, 19, 38, 47, 62, 63, 73, 77, 78, 82, 83, 89, 90, 91, 92 and 93 of Schedule 2) or any fee applicable to items 2 and 4 of this Schedule, an additional fee will apply if more than 5 folios of the Register are affected. However, if the specific fee provides for the payment of additional amounts related to the number of folios affected, the fee under this item will not apply. For each additional folio affected $10.00 4. 120(2) For creating a folio of the Register and for issue of a certificate of title arising out of amendment under section 207E of the Local Government Act 1989 8·80 fee units ═══════════════ Sch. 3 -- 17 of 17 --