2018
2018
s2017-440
2019-12-13
Conveyancing Act 1919
act-1919-006
reg
none
reprint
sl-2019-0607
allinforce
website
LW 10 August 2018
1
2023-09-01
sl-2018-0424
07b4e5c3-6852-4edf-a35b-61977088b6b2
8299b76d-9149-4bbd-aaa7-c75a327477b0
Editorial
note
The Parliamentary Counsel’s Office is
progressively updating certain formatting styles in versions of NSW in force
legislation published from 29 July 2019. For example, colons are being
replaced by em-rules (em-dashes). Text of the legislation is not
affected.
This version has been
updated.
Part 1Preliminary
1Name of
Regulation
This Regulation is the Conveyancing (General) Regulation
2018.
2Commencement
This Regulation commences on 1 September 2018 and
is required to be published on the NSW legislation website.
Note—
This Regulation replaces the Conveyancing (General) Regulation 2013
which is repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act
1989.
3Definitions
(1)
In this Regulation—
administration sheet, in relation to
a plan, means the separate document, in the approved form, required to be
lodged with the plan under section 195A of the Act.
approved means approved for the time
being by the Registrar-General.
deposited
plan means a plan (other than a strata plan) lodged for
registration or recording.
fee
unit—see Part 2 of Schedule 1.
plan of
survey means a formal land survey plan within the meaning of
the Surveying and Spatial Information Act
2002.
register
of plans means the register of plans kept by the
Registrar-General that includes plans registered under Division 3 of Part 23
of the Act and strata plans registered under the Strata
Schemes Development Act 2015.
section
88B instrument means a section 88B instrument within the
meaning of clause 18 or 19.
strata
plan means a building alteration plan, a strata plan, a
strata plan of consolidation or a strata plan of subdivision within the
meaning of the Strata Schemes Development Act
2015.
survey
certificate has the same meaning as in the Surveying and Spatial Information Regulation
2017 or in any regulation that replaces that
regulation.
the
Act means the Conveyancing Act
1919.
Note—
The Act and the Interpretation
Act 1987 contain definitions and other provisions that
affect the interpretation and application of this
Regulation.
(2)
Notes included in this Regulation do not form
part of this Regulation.
4Application of lodgment
rules
The provisions of this Regulation apply in
addition to the provisions of the regulations and lodgment rules made under
the Real Property Act 1900. However, to the
extent of any inconsistency, the provisions of this Regulation
prevail.
Part 2The General Register of
Deeds
5Certificate to accompany
instrument for registration
For the purposes of section 184D(3) of the Act,
the certificate to accompany an instrument for registration must be signed
by—
(a)
the person lodging the instrument,
or
(b)
a party to the instrument, or
(c)
a solicitor or agent acting for the person
lodging, or a party to, the instrument.
6Allocation of distinctive
references to instruments
For the purposes of section 184E(1) of the Act,
the Registrar-General is to allocate a distinctive reference to an instrument
by placing the distinctive reference and the Registrar-General’s seal on
the original instrument and on the registration copy of the
instrument.
7Renewal of registration of
writs, court orders or legal proceedings
For the purposes of section 186(2) of the Act,
the prescribed manner in which registration of a writ, order or current legal
proceedings in the General Register of Deeds is to be renewed is by means of
an application in the approved form.
8Registration of notices of
resumption
A notice of resumption that is lodged for
registration in the General Register of Deeds under section 196A(3)(a) of the
Act must be in the form of Form 1 as set out in Schedule 2 (executed by the
resuming authority or by an agent appointed by the resuming authority to
execute the notice on its behalf).
Part 3Register of
plans
Division 1General
9Particulars of deposited plans
to be recorded
The Registrar-General is to record in the
register of plans particulars of all deposited plans registered or recorded
under Division 3 of Part 23 of the Act.
10Deposited plans to be plans of
survey
A deposited plan must be in the form of a plan of
survey unless the Registrar-General otherwise permits.
11Numbering of parcels and other
information on deposited plan
(1)
All parcels of land (including parcels intended
for public reserves and drainage reserves) shown on a deposited plan must be
numbered on the plan consecutively in strict numerical sequence, using no more
than 4 numerals for each parcel number.
(2)
All parcels of land shown on a deposited plan
that are intended to be dedicated as roads must be numbered consecutively on
the plan in strict numerical sequence, using no more than 4 numerals for each
parcel number, if the Registrar-General requires them to be so
numbered.
(3)
Parcels must not be identified on a deposited
plan by reference to a “section” or
“block”.
(4)
The complete dimensions (including area) of each
parcel must be shown on the deposited plan.
(5)
Each deposited plan must include (if required by
the Registrar-General) a table indicating the street address of each parcel
shown in the plan.
(6)
The following matters must be shown in the
relevant spaces of the information panels of a deposited plan—
(a)
the name of the surveyor who carried out the
relevant survey (if applicable),
(b)
the surveyor’s reference (if
applicable),
(c)
the date of the survey (if
applicable),
(d)
the reduction ratio at which the plan is
drawn,
(e)
the plan heading,
(f)
the local government area,
(g)
the locality,
(h)
the subdivision certificate number (if
applicable).
12Particulars relating to roads
and other matters on deposited plan
(1)
A deposited plan that comprises a plan of survey
must contain the following particulars—
(a)
references to any marks of former surveys used,
or in respect of which connections are shown, and the recorded numbers of the
plans of those surveys,
(b)
the widths of all roads indicated in the plan and
of their footways and carriageways if defined by
alignment,
(c)
information sufficient to indicate that the
external boundaries have been properly established and do not include any part
of adjoining properties or roads,
(d)
the present name of every road shown in the
plan.
(2)
A deposited plan that does not comprise a plan of
survey must contain the following particulars—
(a)
sufficient connections to locate each parcel
comprised in the plan,
(b)
the present name of every road shown in the
plan.
Note—
Plans of this kind are compiled
plans for the purposes of the regulations made under the
Surveying and Spatial Information Act
2002.
(3)
If the name of a road shown in a plan differs
from that shown on the cadastral record maintained by the Registrar-General,
the plan must be accompanied by evidence that satisfies the Registrar-General
from the appropriate roads authority that confirms the change of name and the
extent of the change.
13Standard technical
requirements relating to electronic lodgment
(1)
For the purpose of facilitating the lodgment of
plans and other documents electronically, the Registrar-General may determine
standard technical requirements with respect to the preparation and lodgment
of plans and other documents lodged electronically.
(2)
Without limiting section 195AA(5) of the Act, an
approval under that subsection may require a person lodging plans or other
documents electronically to do so in accordance with the standard technical
requirements determined under this clause.
(3)
The Registrar-General may make the standard
technical requirements determined under this clause available through the
Registrar-General’s Guidelines published on the
internet.
14Electronic lodgment of
documents—excluded documents
The following original documents may not be
lodged electronically but must be produced and lodged by hand with the
Registrar-General—
(a)
such certificates of title, deeds, office copies
of court orders, powers of attorney and statutory declarations as the
Registrar-General may require,
(b)
a completed statement of title particulars in the
approved form, if required by the Registrar-General,
(c)
a primary application and associated documents,
if required by the Registrar-General,
(d)
such consents in writing to the registration of
the plan signed by a lessee, caveator, judgment creditor or other person, as
may be required by the Registrar-General,
(e)
any other original documents that may be required
by the Registrar-General.
15Lodgment of plans by
hand
(1)
This clause applies if a person lodges a plan by
hand for registration with the Registrar-General as a deposited
plan.
(2)
If required by the Registrar-General, such
geometry files (in the form of electronic data files in a format approved by
the Registrar-General) relating to the original plan as are specified by the
Registrar-General must be lodged and prepared in accordance with any relevant
standard technical requirements determined under clause
13.
16Miscellaneous
plans
For the purposes of paragraph (c) of the
definition of miscellaneous plan in section 195(1)
of the Act, the following matters are prescribed as matters that, if shown on
a plan, constitute the plan as a miscellaneous plan—
(a)
the site of an easement, profit à prendre,
restriction on the use of land or positive covenant to be created under
section 88B of the Act,
(b)
the site of an easement or profit à prendre
to be released under section 88B of the Act,
(c)
minor adjustments to the boundaries of
development lots and association property within the meaning of the Community Land Development Act 1989 in
such a manner as to constitute the plan as a boundary adjustment plan within
the meaning of that Act,
(d)
a division of land effected, prior to 1 July
1920, by the erection of structures (such as buildings, walls and fences) if
the plan also shows—
(i)
that the various parts of the land so divided are
separately rateable under the Local Government
Act 1993, and
(ii)
that the structures that are currently on the
land are in the same position as were the structures by which the division of
land was effected.
17Plans of
identification
For the purposes of paragraph (i) of the
definition of plan of
identification in section 195(1) of the Act, a plan
supporting a primary application to bring land under the provisions of the
Real Property Act 1900 (being land in
respect of which the applicant claims to have acquired title wholly or partly
by adverse possession) is prescribed as a plan of
identification.
Division 2Deposited
plans—easements and other interests in land
18Creation of easement or other
interest under section 88B
(1)
If a plan is intended, on registration, to create
an easement, profit à prendre, restriction on the use of land or positive
covenant pursuant to section 88B of the Act, a statement of intention to that
effect must be legibly printed on the administration sheet lodged with the
plan.
(2)
The statement of intention must not—
(a)
incorporate the terms of the easement, profit
à prendre, restriction or positive covenant, or
(b)
specify the lots intended to be benefited and
burdened.
(3)
The plan must be accompanied by a document in an
approved form (a section
88B instrument).
(4)
If it is intended that a plan, on registration,
is to create an easement pursuant to section 88B of the Act—
(a)
the site of the easement must be indicated in the
plan-drawing area of the approved form of the plan with sufficient indication
of the nature of the easement to distinguish it from any other easement
intended to be created on registration of the plan, and
(b)
if the easement is limited in height or depth,
the levels of the limits shown on the plan must be related to Australian
Height Datum (AHD) as defined in the Surveying and
Spatial Information Act 2002.
(5)
In this clause—
plan means a deposited plan or a
strata plan (other than a building alteration plan).
19Release of easement or profit
à prendre under section 88B
(1)
If a plan is intended, on registration, to
release an easement or profit à prendre (in respect of some or all of the
land to which it formerly applied) pursuant to section 88B of the
Act—
(a)
a statement of intention to release the easement
or profit à prendre must be legibly printed on the administration sheet
lodged with the plan, and
(b)
the plan must be accompanied by a document in an
approved form (a section
88B instrument), and
(c)
sufficient information must be included in the
section 88B instrument, or shown on the plan, to indicate the extent of the
release.
(2)
In this clause—
plan means a deposited plan or a
strata plan (other than a building alteration plan).
20Creation of easement or other
interest other than under section 88B
(1)
A deposited plan may designate the site of a
proposed easement, profit à prendre, restriction on the use of land or
positive covenant that is intended to be created by an instrument of grant or
reservation (other than pursuant to section 88B of the Act by registration of
the plan) if—
(a)
the designation of the site of the proposed
easement, profit à prendre, restriction or positive covenant includes the
word “proposed”, and
(b)
no statement of the intention to create or vary
the easement or profit à prendre, or to create the restriction or
positive covenant, is entered on the administration sheet lodged with the
plan.
(2)
A deposited plan may designate the proposed
varied site of an existing easement or profit à prendre that is intended
to be varied by an instrument of variation pursuant to section 47(5A) of the
Real Property Act 1900 (other than
pursuant to section 88B of the Act by registration of the plan)
if—
(a)
the designation of the proposed varied site of
the existing easement or profit à prendre includes the word
“proposed”, and
(b)
no statement of the intention to vary the
easement or profit à prendre is entered on the administration sheet
lodged with the plan.
(3)
The designation of the site of a proposed
easement, profit à prendre, restriction or positive covenant in
accordance with this clause does not, for the purposes of section 88B of the
Act, indicate in the prescribed manner an intention to create an easement,
profit à prendre, restriction or positive covenant.
21Dedication of public roads or
creation of reserves
(1)
This clause applies to a deposited plan that, on
registration, is intended to dedicate a public road (including a temporary
public road) under the Roads Act 1993 or
to create a public reserve or drainage reserve under the Local
Government Act 1993.
(2)
The statement of intention to dedicate the road
or to create the reserve must be legibly printed on the administration sheet
lodged with the plan.
Division 3Administration sheets and
section 88B instruments
22Administration
sheets
(1)
An administration sheet—
(a)
must repeat the heading of the plan with which it
is required to be lodged and the surveyor’s reference (if applicable) in
the appropriate panels on each sheet of the approved form,
and
(b)
must contain the following certificates (endorsed
in the appropriate panels on the approved form)—
(i)
a survey certificate unless the Registrar-General
dispenses with the certificate,
Note—
Section 195C(1)(c) of the Act enables the
Registrar-General to dispense with the certificate.
(ii)
in the case of a plan of subdivision (other than
a plan referred to in section 195C(2) of the Act)—a subdivision
certificate,
(iii)
such other certificates as the Registrar-General
may require, and
(c)
in the case of an administration sheet for a
deposited plan that does not comprise a plan of survey—must contain a
statement identifying the source of the information from which the plan has
been compiled.
Note—
Plans of this kind are compiled
plans for the purposes of the regulations made under the
Surveying and Spatial Information Act
2002.
(2)
In this clause, a reference to a subdivision certificate
is—
(a)
if the plan concerned is a plan of subdivision
for lease purposes within the meaning of Division 3B of Part 2 of the
Act—a reference to a subdivision certificate stating that the plan is a
plan of subdivision for lease purposes and that it relates to land within a
caravan park or a manufactured home estate, or
(b)
if the plan is a plan of subdivision for lease
purposes within the meaning of Division 3C of Part 2 of the Act—a
reference to a subdivision certificate stating that the plan is a plan of
subdivision for forestry lease purposes.
(3)
On registration of a deposited plan, the
administration sheet accompanying the deposited plan is to be registered in
the register of plans.
Note—
Section 195A of the Act requires plans lodged for
registration to be accompanied by a separate document in the form approved by
the Registrar-General. In this Regulation, the separate document is called an
administration sheet. Section 195C
of the Act requires the endorsement, in accordance with the regulations, of
certain certificates relating to plans lodged for registration or recording.
This section requires those certificates to be endorsed on the administration
sheet. Further, section 195D of the Act generally requires relevant signatures
to appear on the administration sheet.
23Registration of section 88B
instruments
On registration of a deposited plan or strata
plan that is accompanied by a section 88B instrument, the section 88B
instrument is, if accepted, to be registered in the register of
plans.
Division 4Additional
provisions—land under Real Property Act
1900
24Application of
Division
This Division applies to deposited plans with
respect to land that is subject to the provisions of the Real
Property Act 1900.
25Subdivision, consolidation or
acquisition of part of land in a folio
(1)
If a proposed subdivision, consolidation or
acquisition of land, or a proposed acquisition, opening or closing of a road,
does not comprise the whole of a parcel of land described in a folio of the
Register kept under the Real Property Act
1900, the relevant deposited plan must show the residue to
scale.
(2)
The residue must be numbered as a separate
parcel.
(3)
If the boundaries of the residue are extensive,
the part of the plan showing the residue may, unless the Registrar-General
otherwise requires, be prepared on the basis of information recorded on plans
held, filed or recorded by the Registrar-General or a public
authority.
Note—
Plans prepared on the basis of such information
are compiled
plans for the purposes of the regulations made under the
Surveying and Spatial Information Act
2002.
(4)
The Registrar-General may dispense with the
requirement to show the residue—
(a)
in the case of land vested in Roads and Maritime
Services, a public road, a public railway or an irrigation channel,
or
(b)
in any other case where the Registrar-General
considers that compliance with the requirement would be unduly
onerous.
26Alteration of boundaries of
strata title common property
(1)
A deposited plan of subdivision or consolidation
lodged for the purpose of altering the external boundaries of common property
must show to scale the whole of the common property as it will subsist after
the alteration.
(2)
The common property must be numbered as a
separate parcel in the plan.
(3)
In this clause, common property means common
property that is—
(a)
created under the Strata Schemes
Development Act 2015, and
(b)
held by an owners corporation constituted under
the relevant Act, and
(c)
comprised in a folio of the Register kept under
the Real Property Act
1900.
Part 4Easements and
covenants—prescribed authorities
27Imposition of restrictions or
public positive covenants on certain land vested in prescribed
authorities
For the purposes of paragraph (c) of the
definition of prescribed authority in section
88D(1) of the Act, each of the following is prescribed—
(a)
Australian Gas Networks (NSW) Pty Ltd (ACN 083
199 839),
(b)
Australian Postal
Corporation,
(c)
Defence Housing Australia,
(d)
an energy services corporation within the meaning
of the Energy Services Corporations Act
1995,
(e)
the owner of a transacted distribution system or
transacted transmission system under the Electricity
Network Assets (Authorised Transactions) Act
2015,
(f)
Hunter Water Corporation,
(g)
an irrigation corporation within the meaning of
the Water Management Act
2000,
(h)
Water NSW,
(i)
Sydney Water Corporation,
(j)
The Uniting Church in Australia Property Trust
(NSW),
(k)
AGL Macquarie Pty Limited (ACN 167 859
494),
(l)
Snowy Hydro Limited (ACN 090 574
431).
28Regulation of use of land not
held by a prescribed authority
For the purposes of section 88E(1)(c) of the Act,
each of the following is a prescribed authority—
(a)
Australian Gas Networks (NSW) Pty Ltd (ACN 083
199 839),
(b)
Australian Postal
Corporation,
(c)
an energy services corporation within the meaning
of the Energy Services Corporations Act
1995,
(d)
the owner of a transacted distribution system or
transacted transmission system under the Electricity
Network Assets (Authorised Transactions) Act
2015,
(e)
Greening Australia (Capital Region) (ACN 110 484
181),
(f)
Hunter Water Corporation,
(g)
an irrigation corporation within the meaning of
the Water Management Act
2000,
(h)
Water NSW,
(i)
Sydney Water Corporation,
(j)
The Uniting Church in Australia Property Trust
(NSW).
29Fee payable to prescribed
authority for certificate under section 88G
For the purposes of section 88G(3) of the Act,
the fee payable to a prescribed authority for a certificate under that section
is—
(a)
if the authority has inspected the relevant land
for the purpose of issuing the certificate—0.35 fee units,
or
(b)
0.1 fee units in any other
case.
Part 5Miscellaneous
30Plans of subdivision for lease
purposes—caravan parks, mobile home estates or
forestry
(1)
For the purposes of the definition of plan of
subdivision for lease purposes in section 23H of the Act, a
plan of subdivision is marked to indicate that development consent has been
granted under the Environmental Planning and Assessment
Act 1979 subject to a condition that the subdivision is a
subdivision for lease purposes if the plan contains a statement
that—
(a)
development consent has been granted under that
Act subject to such a condition, and
(b)
the plan relates to land in a caravan park or
manufactured home estate.
(2)
For the purposes of the definition of plan of
subdivision for lease purposes in section 23J of the Act, a
plan of subdivision is marked to indicate that development consent has been
granted under the Environmental Planning and Assessment
Act 1979 subject to a condition that the subdivision is a
subdivision for forestry lease purposes if the plan contains a statement that
development consent has been granted under that Act subject to such a
condition.
31Certificate of currency to
accompany plan of survey for old surveys
(1)
A plan of survey cannot be lodged with the
Registrar-General more than 2 years after the date shown in the survey
certificate as the date of completion of the survey to which the plan relates,
unless the plan is accompanied by a certificate of
currency.
(2)
A certificate of currency is a
certificate in an approved form in which a surveyor attests to each of the
following matters—
(a)
there are no changes to the boundaries of the
land to which the survey relates (the subject
land), and the definition of those boundaries in the plan of
survey remains consistent with surrounding plans, or if not, the plan of
survey has been updated,
(b)
that 2 or more of the permanent survey marks used
in the survey remain in place, or if not, the plan of survey has been
updated,
(c)
that all reference marks placed in respect of the
survey remain in place, or if not, the reference marks have been replaced and
the plan of survey has been updated,
(d)
that there has been no change to the occupations
and other improvements relevant to the boundaries of the subject land since
the completion of the survey, or if not, the plan of survey has been
updated.
(3)
The Registrar-General may accept a certificate of
currency that does not certify all the matters set out in subclause (2) if the
Registrar General is satisfied that it was not reasonably practicable to do
so.
(4)
A plan of survey that is updated for the purposes
of subclause (2) is to be done so in accordance with the Surveying and Spatial Information Act
2002 and the regulations under that Act as in force at the
time when the survey was completed.
(5)
The reference to 2 years in subclause (1) is
taken to instead be a reference to—
(a)
5 years if the plan of survey is lodged with the
Registrar-General before 1 September 2019, or
(b)
3 years if the plan of survey is lodged with the
Registrar-General on or after 1 September 2019 and before 1 September
2020.
(6)
In this clause—
permanent
survey mark has the same meaning as in the Surveying and Spatial Information Act
2002.
reference
mark has the same meaning as in the Surveying and Spatial Information Regulation
2017 or in any regulation that replaces that
regulation.
32Compliance with covenants to
produce documents
(1)
A document that is deposited with the
Registrar-General under section 64 of the Act for the purpose of complying
with a covenant or undertaking to produce documents must be accompanied by a
notice to that effect.
(2)
The notice must be in the approved form and
lodged in duplicate. Its particulars must not be
handwritten.
33Appointment of receiver by a
mortgagee
An appointment of a receiver by a mortgagee under
section 109(1)(c) of the Act is not to be registered in the General Register
of Deeds unless it is in the approved form.
34Periods for retention of
documents
For the purposes of section 196AB(2)(c) of the
Act, the period prescribed is the period of 7 years commencing with the day on
which the plan or other document was registered or
recorded.
35Vacation of
registrations
For the purposes of section 200(2) of the Act,
the prescribed form of application for vacation of a registration (other than
a registration made under Division 2 of Part 23 of the Act) is Form 2 as set
out in Schedule 2.
36Identified
documents
For the purposes of section 203A(2) of the Act,
each of the following is an identified document—
(a)
a section 88B instrument,
(b)
a building management statement referred to in
Division 3B of Part 23 of the Act,
(c)
a copy of the by-laws referred to in section
10(1)(b) of the Strata Schemes Development Act
2015,
(d)
a strata development contract referred to in
Division 3 of Part 5 of the Strata Schemes
Development Act 2015,
(e)
a strata management statement referred to in
Division 1 of Part 6 of the Strata Schemes
Development Act 2015,
(f)
a development contract referred in section 5, 9,
13, 18 or 26 of the Community Land Development Act
1989,
(g)
a community, precinct or neighbourhood management
statement referred to in section 5, 9, 13 or 18 of the Community Land Development Act
1989.
37Savings
Any act, matter or thing that, immediately before
the repeal of the Conveyancing (General) Regulation
2013, had effect under that Regulation continues to have
effect under this Regulation.
Schedule 1Fees
Note—
Section 3B(2) of the Real
Property Act 1900 provides that a fee prescribed under
that Act or any other Act for or in respect of the exercise of a titling and
registry function is, when the function is exercised by the authorised
operator, the maximum fee that is payable and the authorised operator can
accept a lesser fee for or in respect of the exercise of the
function.
Part 1Fees
payable
The fees specified by this Part are exclusive of
GST. GST may be added to any such fee to the extent that the fee is
consideration for a taxable supply (within the meaning of the A New Tax
System (Goods and Services Tax) Act 1999 of the
Commonwealth).
Item
Matter for
which fee payable
Fees (in
fee units)
Registration in the General Register of
Deeds
1
For
recording or registering any instrument in the General Register of
Deeds
1.2618
2
On request
for preparation of a registration copy of an instrument or part of an
instrument—for each 4 pages (or part of 4 pages)
0.1296
Digital images
3
For
supplying a digital image of a document or part of a document (other than a
certified copy) in the custody of the Registrar-General—
(a)
to any person attending an
office
0.1296
(b)
by electronic means
0.0867
4
In addition
to item 3—for copyright purposes in relation to supplying an image of a
registered plan or part of a registered plan
See clause
3 of this Schedule
5
On lodgment
of an application for a certified copy of a document in the custody of the
Registrar-General
1.2618
Official
searches
6
On request
under section 197 of the Act—
(a)
for an official search (including an office copy
of the certificate of the result of the search)
3.4254
(b)
for the continuation of an official search from
the date of the prior certificate of the result of the search (including an
office copy of the certificate of the result of the continuation of the
search)
3.4254
7
On request
for an office copy of the certificate of the result of an official search or
continuation of an official search
1.2618
Name search of the General Register of
Deeds
8
For a
search against each name—
(a)
to any person attending an
office
0.1296
(b)
by electronic means
0.0867
Plans
9
On lodgment
for registration or recording of—
(a)
a plan for the acquisition of land and easements
under the Pipelines Act
1967
9.4893
(b)
a plan under the Community Land
Development Act 1989
5.6936
(c)
any other plan (other than a plan prepared solely
for the purpose of placing survey information on public
record)
2.6570
10
In addition
to item 9, where more than one lot is shown—
(a)
in a plan under the Community Land Development Act
1989—for each additional lot shown in the
plan
5.6936
(b)
in any other plan (other than a plan prepared
solely for the purpose of placing survey information on public
record)—for each additional lot shown in the
plan
2.6570
11
In addition
to item 9—
(a)
for the management statement accompanying a
community, precinct or neighbourhood plan, including any associated plans or
sketches
3.4254
(b)
for any development contract accompanying a
community, precinct or neighbourhood plan
3.4254
12
In addition
to item 9, if the plan is accompanied by a section 88B instrument—for
each easement, restriction on the use of land, positive covenant or profit
à prendre to be created, irrespective of the number of lots burdened or
benefited
1.2618
13
In addition
to item 9, if the plan is accompanied by a section 88B instrument—for
each easement or profit à prendre to be released, irrespective of the
number of lots burdened or benefited
1.2618
14
In addition
to item 9, if the plan is accompanied by a building management
statement
3.4254
15
In addition
to item 9, if the plan is lodged for the purpose of consolidating 2 or more
folios of the Register kept under the Real Property Act
1900—for each folio of the Register to be
consolidated
1.2618
16
In addition
to item 9, if a plan lodged in connection with an application to bring land
under the Real Property Act
1900 includes land already under that Act and a
consolidated folio of the Register kept under that Act is to be
created—for each folio to be consolidated
1.2618
17
On lodgment
of an additional or replacement sheet in conjunction with an application to
amend a registered plan under the Community Land
Development Act 1989
1.2618
18
For
recording a plan prepared solely for the purpose of placing survey information
on public record
1.2618
19
For
examining a plan if survey information has been added to an original compiled
plan (within the meaning of regulations made under the Surveying and Spatial Information Act
2002) as a result of a requisition
1.2618
20
For
pre-examination of—
(a)
a plan under the Community Land
Development Act 1989—for each lot shown in the
plan
6.2629
(b)
for any other plan—for each lot shown in
the plan
2.9227
21
For
preparation and supply of a plan
9.3893
22
On lodgment
of an application for revival of a plan previously rejected or
withdrawn
Such fee as
would be appropriate to the plan as a new lodgment
23
On lodgment
of a substituted plan or any sheet of such a plan or an additional sheet of a
plan
1.2618
24
On lodgment
of a section 88B instrument in substitution for another such instrument or
part of such instrument
Such fee as
would be appropriate to the instrument as an original
lodgment
25
On lodgment
of an application to amend a plan
1.2618
26
In addition
to item 25, if the application involves the amendment of a Crown grant, a
certificate of title or a folio of the Register kept under the Real Property Act
1900—
(a)
for the first grant, certificate or
folio
1.2618
(b)
for each subsequent grant, certificate or
folio
0.1296
27
On lodgment
of an application for an order terminating a neighbourhood scheme under
section 72 of the Community Land Development Act
1989
1.2618
28
On lodgment
of a building management statement (other than a building management statement
lodged with a plan under item 9)
3.4254
Requisitions sent by
Registrar-General
29
For a
requisition sent by the Registrar-General requiring correction, re-execution
or the supply of additional information in support of a plan or associated
instrument lodged for registration or recording
0.9258
Miscellaneous
30
For
furnishing a certificate of ownership (section 700(2) of the Local Government Act 1993 or section
10.9(2) of the Environmental Planning and Assessment
Act 1979)
1.2618
31
On
depositing a document or documents pursuant to section 64 of the
Act
0.3444
32
In addition
to item 31—for each document in excess of 4
0.0866
33
On
application for return of a document or documents deposited pursuant to
section 64 of the Act
0.3444
34
In addition
to item 33—for each document in excess of 4
0.0866
35
For
inspection of a packet containing a document or documents deposited pursuant
to section 64 of the Act
0.3444
36
For
production of documents at Revenue NSW
0.3129
37
On request
for entry of a marginal note evidencing a discrepancy between an original
instrument and a registered copy of the instrument
1.2618
Part 2Adjustment of fees for
inflation
1Definitions
In this Part—
CPI
number means the Consumer Price Index (All Groups Index) for
Sydney published by the Australian Bureau of Statistics in the latest
published series of that index.
financial
year means a period of 12 months commencing on 1
July.
2Calculation of fee unit for
purposes of Regulation
(1)
For the purposes of this Regulation, a fee unit is—
(a)
in the financial year 2018/2019—$102.07,
and
(b)
in each subsequent financial year—the
amount calculated as follows—
where—
A is the CPI number for the March
quarter in the financial year immediately preceding the financial year for
which the amount is calculated.
Note—
111.3 is the CPI number for the March quarter of
2017.
(2)
The amount of a fee unit and the amount of a fee
calculated by reference to a fee unit is to be rounded to the nearest cent
(and an amount of 0.5 cent is to be rounded down).
(3)
However, if the amount of a fee unit calculated
for any financial year is less than the amount that applied for the previous
financial year, then the amount for that previous financial year applies
instead.
3Adjustment of fees relating to
copyright
(1)
The fee amount that is to apply for the 2018/2019
financial year in relation to the fee described in item 4 of Part 1
is—
(a)
for a supply under item 3(a)—$0.96,
and
(b)
for a supply under item
3(b)—$1.16.
(2)
The fee amount for those fees that is to apply
for a financial year subsequent to the 2018/2019 financial year is the amount
calculated in accordance with the formulae set out in Schedule A to the Order
made by the Copyright Tribunal of Australia on 28 October 2013 in the matter
of Copyright Agency Limited v
State of New South Wales (a copy of which is published on
the website of the Office of the Registrar General).
4Notice of indexed
fees
(1)
As soon as practicable after the CPI number for
the March quarter is first published by the Australian Statistician, the
Registrar-General is required to—
(a)
notify the Parliamentary Counsel of the amount of
the fee unit for the next financial year so that notice of that amount can be
published on the NSW legislation website, and
(b)
give public notice on an appropriate government
website of the actual amounts of the fees applying in each financial year
resulting from the application of the amount of a fee unit calculated under
this Part.
(2)
This Part operates to change an amount of a fee
that is calculated by reference to a fee unit and that change is not dependent
on the notification or other notice required by this
clause.
Schedule 2Forms
Form 1Notice of resumption of land
not subject to the Real Property Act
1900
(Clause 8)
Conveyancing Act
1919, section 196A(3)(a)
Conveyancing
(General) Regulation 2018, clause 8
(Extract from Government Gazette of notification
of resumption)
I, [Name and address of person signing the
notice], certify that the above matter is a true copy of the notification
of resumption published in the Government Gazette on [Date and page
number].
[Signed and dated]
Form 2Application for vacation of
registration
(Clause 35)
Conveyancing Act
1919, section 200
Conveyancing
(General) Regulation 2018, clause 35
I, [Name and address of applicant], apply
for the vacation of the registration of [Insert nature of instrument and
its registration number].
Evidence in support of my right to have the
registration vacated is set out below/attached.
[Include a copy of the relevant order of
Supreme Court that authorises the registration to be
vacated]
[Signed and dated]
Schedule 3Easements in
gross—prescribed authorities
1Prescribed
authorities
For the purposes of paragraph (c) of the
definition of prescribed authority in section
88A(1) of the Act, each corporation specified in clause 2 or 3 is
prescribed.
2Classes of
corporations
(1)
An energy services corporation within the meaning
of the Energy Services Corporations Act
1995.
(2)
The owner of a transacted distribution system or
transacted transmission system under the Electricity
Network Assets (Authorised Transactions) Act
2015.
(3)
An irrigation corporation within the meaning of
the Water Management Act
2000.
(4)
A licensee within the meaning of the Pipelines Act 1967 (but only in respect
of easements for the purposes of the construction and use of pipelines
(including purposes incidental to the construction and use)) and access to
pipelines or to apparatus or works.
(5)
Expressions used in subclause (4) have the same
meanings as they have in the Pipelines Act
1967.
3Corporations
(1)
AGL Macquarie Pty Limited (ACN 167 859
494).
(2)
Australian Gas Networks (Albury) Pty Ltd (ACN 000
001 249).
(3)
Australian Gas Networks (NSW) Pty Ltd (ACN 083
199 839).
(4)
Australian Rail Track Corporation Limited (ACN
081 455 754).
(5)
Axicom Pty Ltd (ACN 090 873
019).
(6)
BAI Communications Pty Ltd (ACN 086 048
562).
(7)
Blayney and Crookwell Windfarm Pty Ltd (ACN 612
416 029).
(8)
Cochrane Dam Pty Ltd (ACN 613 015
768).
(9)
Directlink (No. 1) Pty Limited (ACN 085 123
468).
(10)
EnergyAustralia NSW Pty Ltd (ACN 163 935
635).
(11)
GSP Energy Pty Ltd (ACN 101 038
386).
(12)
Hunter Water Corporation.
(13)
Icon Distribution Investments Limited (ACN 073
025 224).
(14)
Jemena Eastern Gas Pipeline (3) Pty Ltd (ACN 067
715 646).
(15)
Jemena Gas Networks (NSW) Ltd (ACN 003 004
322).
(16)
Jemena Networks (ACT) Pty Ltd (ACN 008 552
663).
(17)
Kooragang Water Pty Ltd (ACN 609 789
808).
(18)
NBN Co Limited (ACN 136 533
741).
(18A)
Optus Fixed Infrastructure Pty Limited (ACN 092
450 783).
(19)
Optus Mobile Pty Limited (ACN 054 365
696).
(20)
Optus Networks Pty Limited (ACN 008 570
330).
(21)
Origin Energy Eraring Pty Limited (ACN 164 994
012).
(22)
Santos NSW (Narrabri Energy) Pty Ltd (ACN 055 932
315).
(23)
Santos NSW (Narrabri Power) Pty Ltd (ACN 104 570
943).
(24)
Santos NSW Pty Ltd (ACN 094 269
780).
(25)
SDP Australia No. 3 Pty Ltd (ACN 158 077
411).
(26)
SGSP Rosehill Network Pty Limited (ACN 131 213
691).
(27)
Silverton Wind Farm Transmission Pty Ltd (ACN 139
624 632).
(28)
Snowy Hydro Limited (ACN 090 574
431).
(29)
Stilmark Holdings Pty Ltd (ACN 147 919
122).
(30)
Sunset Power International Pty Ltd (ACN 162 696
335).
(31)
Sydney Desalination Plant Pty Limited (ACN 125
935 177).
(32)
Sydney Water Corporation.
(33)
Telstra Corporation Limited (ACN 051 775
556).
(34)
the Ministerial Holding Corporation constituted
by the State Owned Corporations Act
1989.
(34A)
Transgrid Services Pty Limited (ACN 626 136
865).
(35)
Vodafone Network Pty Limited (ACN 081 918
461).
(36)
Water NSW.
(37)
WaterNSW Infrastructure Pty Ltd (ACN 629 813
270).
sch 3: Am 2018 (573),
cl 3; 2019 (385), cl 3; 2019 (607), cl 3.
Schedule 4Prescribed witnesses to
deeds
1Prescribed
witnesses
For the purposes of section 38(1A)(c) of the Act,
a prescribed witness is—
(a)
in the case of a deed that is signed within
Australia or an external Territory—any person of a class referred to in
clause 2, or
(b)
in the case of a deed that is signed within a
foreign country—any person of a class referred to in clause
3.
2Deed signed within Australia
or external Territory
accountant
Australian legal practitioner
bank manager
chancellor, deputy chancellor or dean of a
faculty of a university
commissioned officer in the defence forces of the
Commonwealth of Australia
commissioner for taking affidavits
dentist
judge
justice of the peace
licensed conveyancer
magistrate
mayor or general manager of any local government
council
medical practitioner
member of parliament of the Commonwealth or of a
State or Territory
member of the police force of the Commonwealth or
of a State or Territory
minister of religion
notary public
officer in charge of a police
station
pharmacist
postal manager of a post office
principal or deputy principal of a school or
college
registered surveyor
registrar of the Local Court
stockbroker
veterinary practitioner
3Deed signed within a foreign
country
Australian Consular Officer, within the meaning
of section 26 of the Oaths Act 1900 or
British Consular Officer, within the meaning of the same provision, exercising
functions in the country where the document is executed or
witnessed
commissioned officer in the defence forces of the
Commonwealth of Australia
commissioner for taking affidavits
judge
justice of the peace
legal practitioner
magistrate
mayor or general manager of any local government
corporation
medical practitioner
notary public
officer in charge of a police
station
Historical
notes
Table of amending
instruments
Conveyancing
(General) Regulation 2018 (424). LW 10.8.2018. Date of
commencement, 1.9.2018, cl 2. This Regulation has been amended as
follows—
2018
(573)
Conveyancing (General) Amendment
(Optus Fixed Infrastructure Pty Limited) Regulation 2018.
LW 5.10.2018.
Date of commencement, on publication on LW, cl
2.
2019
(385)
Conveyancing (General) Amendment
(Transgrid Services Pty Limited) Regulation 2019. LW
16.8.2019.
Date of commencement, on publication on LW, cl
2.
(607)
Conveyancing (General) Amendment
(WaterNSW Infrastructure Pty Ltd) Regulation 2019. LW
13.12.2019.
Date of commencement, on publication on LW, cl
2.
Table of
amendments
Sch
3
Am 2018
(573), cl 3; 2019 (385), cl 3; 2019 (607), cl 3.