Part 1 Preliminary
1 Name of Regulation
This Regulation is the Real Property Regulation 1998.
2 Commencement
This Regulation commences on 1 September 1998.
3 Definitions
In this Regulation:approved means approved for the time being by the Registrar-General.the Act means the Real Property Act 1900.
Part 2 Dealings and caveats
4 Lodgment of dealings and caveats
(1) A dealing or caveat that is intended to be lodged at the office of the Registrar-General must be lodged in the approved manner.(2) The dealing or caveat must be accompanied by the relevant fee set out in Schedule 5.
5 Certain instruments to comply with Schedule 1 requirements
(1) This clause applies to the following instruments:(a) an application or dealing that is required by the Act or any other Act to be in an approved form,(b) a caveat referred to in section 74B or 74F of the Act,(c) a declaration of trust (or a duplicate or an attested copy) lodged in accordance with section 82 of the Act.(2) An instrument to which this clause applies (being an instrument that is intended to be lodged at the office of the Registrar-General) must comply with the requirements set out in Schedule 1.
6 Joint tenancy or tenancy in common to be stated
(1) The following applications and dealings must state whether the persons concerned take as joint tenants or as tenants in common:(a) an application by 2 or more persons to be registered as proprietors of land,and, if they take as tenants in common, the shares in which they take.(b) a transfer, mortgage, charge or lease in favour of 2 or more persons,(2) If the persons take as tenants in common, and if the shares in which they take are expressed as fractions, the shares must be stated by means of fractions having a common denominator (for example: “A takes as to five-tenths, B takes as to three-tenths and C takes as to two-tenths”).
7 Caveats: particulars of estate or interest claimed
(1) This clause applies to the following caveats:(a) a caveat lodged under section 74B of the Act against a primary application,(b) a caveat lodged under section 74F of the Act against a dealing, possessory application or delimitation plan, or against an application for cancellation of an easement or extinguishment of a restrictive covenant.(2) A caveat to which this clause applies must specify the particulars set out in Schedule 2 in relation to the estate or interest to which a caveator claims to be entitled.
8 Caveats applying to part of land only: description of part
(1) This clause applies to a caveat lodged under section 74F of the Act against a dealing, possessory application or delimitation plan or against an application for cancellation of an easement or extinguishment of a restrictive covenant.(2) A caveat to which this clause applies that relates to part only of the land described in a folio of the Register or a current lease must describe the part in accordance with the requirements of Schedule 3.
9 Relodgment of dealings
For the purposes of section 36 (6) (a) of the Act, a dealing must be relodged in the approved manner.
10 Annexure of plans to dealings or caveats
(1) A plan must not be annexed to or endorsed on a dealing or caveat lodged in the office of the Registrar-General unless the Registrar-General so approves.(2) A plan that is annexed to or endorsed on a dealing or caveat in accordance with such an approval must comply with the requirements of Schedule 4.
Part 3 Searches
11 Official searches
(1) A requisition for an official search of the Register must be made on an approved form.(2) A requisition is to be limited to parcels of land held by one proprietor or jointly held by 2 or more proprietors.(3) A requisition may be lodged personally, by post, by facsimile or by other approved means.(4) The relevant fee set out in Schedule 5 must, if required by the Registrar-General, be paid before delivery of the office copy of a certificate of the result of a search.(5) If a requisition is withdrawn after the commencement but before completion of a search, such fees as the Registrar-General determines having regard to the work done up to the time of withdrawal must be paid.(6) The Registrar-General may require an interim payment of fees before completion of a search.
12 Public searches
For the purposes of section 96B of the Act:(a) the prescribed times at which information in the Register is to be made available are 8.30 am to 4.30 pm each day (other than a Saturday, Sunday or public holiday), and(b) the prescribed manner in which information in the Register is to be made available to an applicant is:(i) by providing a copy of the information to the applicant in printed, electronic or other approved form, or(ii) in the case of information contained in a computer folio of the Register, by furnishing a certificate to the applicant in accordance with section 96D, 96F or 96G of the Act, or(iii) in the case of information contained in a bound volume to which the public has access, by permitting the applicant to inspect the bound volume, and(c) the prescribed fee is the relevant fee set out in Schedule 5.
Part 4 Miscellaneous
13 Fees payable to the Registrar-General
(1) The fees specified opposite the matters listed in Schedule 5 are payable to the Registrar-General in respect of those matters.(2) A fee is payable before the service to which the fee relates is provided or at such time and in accordance with such conditions as the Registrar-General may agree with the person paying the fee.
14 Statement to accompany notice to Public Trustee of intention to apply for foreclosure order
A statement accompanying a notice given to the Public Trustee under section 61 (2A) of the Act must contain the following particulars:(a) a statement that the notice is given pursuant to section 61 (2A) of the Act,(b) the full name and last known address of the mortgagor concerned and the date and place of his or her death,(c) the amount due and owing under the mortgage at the date the notice is given, or at such other date as may be specified in the notice.
15 Service of notices on caveator: prescribed person
For the purposes of section 74N (1) (d) of the Act, Australian Document Exchange Pty Ltd is a prescribed person.
16 Service of notices relating to lease where proprietor of lease is bankrupt
For the purposes of section 91 (2) and (5) of the Act, the prescribed manner of serving a notice is by serving it in the manner provided in section 170 of the Conveyancing Act 1919.
17 Repeal
(1) The Real Property Regulation 1993 is repealed.(2) Any act, matter or thing that, immediately before the commencement of this Regulation, had effect under the Real Property Regulation 1993 is taken to have effect under this Regulation.
Schedule 1 Requirements for certain instruments
(Clause 5)
(1)
The text must be clearly printed or written across the width of each sheet of paper used.
(2)
The text must be printed or written on only one side of each sheet.
(3)
The sheets used must have clear margins:
(a) on the first sheet—of not less than 25mm at the top and 10mm on each side and at the bottom, and
(b) on each subsequent sheet—of not less than 10mm on each side and at the top and bottom.
(4)
The paper used must be:or such other paper as is approved.
(a) white and free from discolouration and blemishes, and
(b) of not less substance than 80 grams per square metre, and
(c) 297mm in length by 210mm in width (standard A4),
(5)
All text must be at least 10 point (1.8mm) in size and be clear and legible and in dense black ink or dense dark blue ink. The lines must not overlap. A carbon copy, or a copy in which the typewritten characters blur or spread or are liable to mark or damage an adjacent sheet, will not be accepted.
(6)
Handwriting and any imprint of a seal must be clear and legible and in dense black ink or dense dark blue ink.
(7)
Typewriting, printing, writing or seals must not extend into a margin.
(8)
Typewriting, printing, writing or signatures must not extend into any seal.
(9)
Alterations must be made by striking through the matter intended to be altered or by the use of typewriter automatic correcting devices and not by rubbing, scraping or cutting the surface of the paper or by using correction fluid. An alteration must be initialled or verified by the parties to the dealing.
(10)
Signatures or initials verifying alterations by interlineation or the striking through of matter must be placed in the left-hand margin as near as practicable to the alteration.
(11)
The pages of an annexure to a dealing must be numbered sequentially in the centre of the foot of each page as “Page .. of .. pages” and the annexure:
(a) must be identified (on the annexure itself) as an annexure to the dealing, and
(b) must be signed, on the first and last pages, by the parties to the dealing (or, if a party is a body corporate, by a person who has attested the affixing of the seal of the body corporate or who has otherwise signed on its behalf) and attested, and
(c) must be referred to in the body of the dealing.
(12)
An additional or inserted sheet intended to form part of a dealing:
(a) must be attached to the dealing in a manner acceptable to the Registrar-General, and
(b) if it contains matter that would normally be inserted in an approved form, must be signed by the parties to the dealing (or, if a party is a body corporate, signed by a person who has attested the affixing of the seal of the body corporate or who has otherwise signed on its behalf) and attested.
(13)
If, apart from any matter contained in an additional or inserted sheet, it is not readily apparent from the body of a dealing that the additional or inserted matter is intended to form part of the dealing:
(a) a note referring to the additional or inserted matter (or covenants by number where appropriate) must be added to the body of the dealing, and
(b) a note identifying the additional or inserted matter must be added to the additional or inserted sheet containing that matter.
(14)
Annexures, additional sheets or inserted sheets may be prepared by means of a photographic or similar approved process and, if so prepared:
(a) must comply with paragraphs (1)–(9), and
(b) must contain only printing which is permanent and legible with a dense black image free from excessive background, and
(c) must be so prepared that the process does not affect the quality of the paper.
(15)
Dimensions referred to in a dealing:
(a) in the case of dimensions of length, must be expressed in metres and not in any other unit of measurement of length (whether or not related to the metre), and
(b) in the case of dimensions of area, must be expressed in square metres, hectares or square kilometres and not in any other unit of measurement of area (whether or not related to the square metre, hectare or square kilometre).
Schedule 2 Particulars of estate or interest to be specified in caveats
(Clause 7)
(1)
Particulars of the nature of the estate or interest in land claimed by the caveator.
(2)
The facts on which the claim is founded, including (if appropriate) a statement as to the manner in which the estate or interest claimed is derived from the registered proprietor of the estate or interest or the primary or possessory applicant against which the caveat is to operate.
(3)
If the caveator’s claim is based (wholly or in part) on the terms of a written agreement or other instrument, particulars of the nature and date of that agreement or instrument and the parties to it.
(4)
If the caveator claims as mortgagee, chargee or covenant chargee, a statement of the amount (if readily ascertainable) of the debt or other sum of money charged on the land (or, if the amount is not readily ascertainable, the nature of the debt, annuity, rent-charge or other charge secured on the land).
(5)
If the caveator claims as lessee for a term or for a renewal or extension of a term, particulars of the duration of the term or renewed or extended term and its commencing date (and, if the agreement for the term, renewal or extension includes an option for the renewal or extension of the term or to purchase the reversion, a statement to the appropriate effect).
(6)
If the caveator claims an easement, particulars of the land or authority that has or is intended to have the benefit of the easement.
(7)
If the caveator claims a profit à prendre, particulars of the land or authority intended to have the benefit of the profit à prendre.
(8)
If the caveator claims a right to the benefit of a restriction on the use of land, particulars of the land or authority intended to have the benefit of the restriction.
(9)
If the caveator claims a right to the benefit of a positive covenant, particulars of the land or authority intended to have the benefit of the covenant.
(10)
It is not necessary to specify:
(a) whether the estate or interest claimed is legal or equitable, or
(b) the quantum of the estate or interest claimed (except as provided in paragraphs (4) and (5)), or
(c) how the estate or interest claimed ranks in priority with other estates and interests in the land.
Schedule 3 Description in caveats of part of land
(Clause 8)
(1)
Except where paragraph (2), (3) or (5) applies, the description of the part must refer to the part:
(a) as a lot or portion in a current plan within the meaning of the Conveyancing Act 1919, or
(b) as a proposed lot in a plan lodged for registration or recording:(i) under Division 3 of Part 23 of the Conveyancing Act 1919, orbut only if the plan has not been so registered or recorded at the time of lodgment of the caveat, or(ii) under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986,
(c) if the Registrar-General so approves, as the land shown in a plan annexed to or endorsed on the caveat, which plan must contain sufficient information to establish, to the satisfaction of the Registrar-General, the relationship of the plan to the boundaries of the land comprised in the folio of the Register or the current lease to which the caveat relates.
(2)
If the claim of the caveator is in respect of:the description of the part must be in such other form or manner as will enable the Registrar-General to identify the part to which the claim relates.
(a) premises within an existing building, or
(b) a proposed lot in a proposed strata plan or other proposed plan of subdivision which, at the time of lodgment of the caveat, has not been lodged with the Registrar-General for registration or recording, or
(c) a parcel for which description in accordance with paragraph (1) is inappropriate,
(3)
If the claim of the caveator is in respect of an unregistered easement over part of the land comprised in a folio of the Register or a current lease, the description must identify the site of the easement:
(a) if the Registrar-General approves, as the land shown in a plan annexed to or endorsed on the caveat, or
(b) as the land shown in a plan which defines the site of the easement and which is registered or recorded in the office of the Registrar-General.
(4)
It is not necessary for a plan referred to in paragraph (3) to define precisely the site of an easement intended to be created in respect of an existing tunnel, pipe, conduit, wire or other similar object which is underground, or is within or beneath an existing building, so long as the plan shows the approximate position of the easement.
(5)
If mines or minerals constitute the part of the land comprised in the folio of the Register or current lease to which the claim of the caveator relates, it is sufficient to specify or describe the mines or minerals concerned.
Schedule 4 Requirements for plans annexed to or endorsed on dealings or caveats
(Clause 10)
(1)
A plan must identify the land to which it relates.
(2)
A plan must be drawn at a reduction ratio which allows all details and notations to be clearly shown.
(3)
A plan must contain the following particulars:
(a) a statement of the reduction ratio at which the plan is drawn,
(b) the north point (which must be directed upwards) and the meridian to which it relates,
(c) complete dimensions (including area) of every parcel comprised in the plan,
(d) sufficient information to define any proposed easement, or any proposed variation of an existing easement, and its relationship to the boundaries of any affected parcel,
(e) if prepared by a surveyor who is registered under the Surveyors Act 1929, the signature of the surveyor,
(f) the date of preparation of the plan,
(g) the signature of each person who has signed the dealing or caveat to which the plan is annexed.
(4)
The lengths shown on a plan must be expressed in metres and not in any other unit of measurement of length (whether or not related to the metre), without the use of any symbol or abbreviation to represent the metre as the unit of measurement employed.
(5)
Area measurements shown on a plan must be expressed in the following units of measurement:
(a) areas of less than one hectare must be expressed in square metres accompanied by the symbol “m2”,
(b) areas of one hectare or more but less than 10 000 hectares must be expressed in hectares (using not more than 4 significant figures) accompanied by the symbol “ha”,
(c) areas of 10 000 hectares or more must be expressed in square kilometres accompanied by the symbol “km2”.
(6) (Repealed)
(7)
There must be a statement on each sheet of the reduction ratio at which the plan is drawn.
(8)
Unless the Registrar-General otherwise approves, all words, letters, figures and symbols appearing on a plan:
(a) must be shown in capital letters (except as provided by paragraph (6)), and
(b) must be open in formation and construction, and
(c) must be drawn in an upright style.
(9)
If lodged as an annexure, a plan must be neatly and clearly drawn without colour or edging.
(10)
Each plan sheet must consist of paper, or some other approved medium.
(11)
A plan must be drawn on only one side of a plan sheet and must be drawn on a matt surface.
(12)
Each plan sheet must be free from blemishes and creases.
(13)
Each plan sheet must be at least 297mm in length by 210mm in width (standard A4) and have clear margins of at least 10mm on each side and at the top and bottom.
(14)
Where the original plan is not available, an annexed plan may be a reproduction of the original plan if the reproduced matter consists of a permanent dense black image with sharp contrast and is free from background discolouration.
(15)
If a plan is endorsed on a dealing or caveat, it must be drawn in such a manner that the lines and notation of the plan do not obscure or interfere with any writing or printing on the dealing or caveat.
(16)
Plans annexed or endorsed on dealings or caveats must be compiled plans and not plans of survey (within the meaning of clause 4 of the Surveyors (Practice) Regulation 1996) except with the consent of the Registrar-General.
sch 4: Am 30.10.1998.
Schedule 5 Fees
(Clause 13)
$ | ||
Copies | ||
1 | On lodgment of an application for a certified copy of a registered instrument or part of it affecting land under the provisions of the Act—for each copy | 58.00 |
In addition, if the application is received by post and: | ||
(a) no more than 20 instruments are to be copied | 11.00 | |
(b) more than 20 instruments are to be copied—for the first 100 instruments or any part of that number | 20.00 | |
(c) more than 100 instruments are to be copied—for each 100 instruments or any part of that number after the first 100 instruments | 20.00 | |
2 | For supplying a copy of a document or part of a document available from the Document Copy Service | 4.00 |
In addition, in the case of a document containing 20 or more pages, or if an application is made for multiple copies of a document containing 10 or more pages | Such reasonable fee (determined by the Registrar-General) as is warranted by the cost incurred in preparing the copy or copies. | |
Advertisements | ||
3 | On advertisement, pursuant to section 12 (1) (h1) of the Act, of the intended exercise or performance of any power, authority, duty or function conferred or imposed on the Registrar-General by the Act | Such fee as the Registrar-General determines having regard to the cost of the advertisement. |
Production of documents | ||
4 | For each Crown grant, certificate of title or other document produced for the purpose of any application, request, dealing or plan to be subsequently lodged | 16.50 |
Applications, requests and dealings | ||
5 | On lodgment of an application to bring land under the Act | 116.00 |
6 | On lodgment of an application, request or dealing for which no fee is otherwise provided | 58.00 |
7 | On lodgment of an application or request for amendment of a folio of the Register, Crown grant or certificate of title | 58.00 |
8 | On lodgment of an application under section 81A of the Act for the extinguishment of a restrictive covenant | 58.00 |
In addition: | ||
(a) for each hour or part of an hour occupied in examining the application | 100.00 | |
(b) for the Registrar-General’s costs of serving notice under section 81D of the Act by way of registered post | Such fee as the Registrar-General determines having regard to the cost of posting the notice. | |
9 | On lodgment of an application under section 49 of the Act for the cancellation of an easement that has been abandoned | 58.00 |
In addition, for each hour or part of an hour occupied in examining the application | 100.00 | |
10 | On lodgment of an application for the determination under Part 14A of the Act of the position of the common boundary of adjoining lands | 58.00 |
11 | For every plan, sketch or diagram accompanying a dealing, application, request or instrument | 58.00 |
12 | In addition, for any dealing, application or request mentioned in items 5–10 that the Registrar-General allows to be lodged by post | 11.00 |
Caveats | ||
13 | On lodgment or recording of a caveat | 58.00 |
14 | On withdrawal or partial withdrawal of a caveat pursuant to section 74M (1) of the Act | 58.00 |
15 | On lodgment of a request for withdrawal or partial withdrawal of a Registrar-General’s caveat (no fee is payable for withdrawal or partial withdrawal of a Registrar-General’s caveat consequent on lodgment and registration of a dealing) | 58.00 |
16 | On lodgment of a request for the Registrar-General to direct the manner of service of a notice on a caveator pursuant to section 74N (1) (e) of the Act | 58.00 |
17 | On lodgment of an application for preparation of a notice for service on a caveator pursuant to section 74C (3), 74I (1) or (2) or 74J (1) of the Act | 58.00 |
18 | On lodgment of a notice of a change of name of a caveator or of the address for service of a notice on a caveator | 58.00 |
Licensing of forms | ||
19 | For examination and licensing of any dealing that is required by any Act to be in the approved form and is not a form licensed by the Registrar-General | 58.00 |
20 | For licensing any person to print approved forms containing a licence number issued by the Registrar-General | 58.00 |
Official searches | ||
21 | On requisition for an official search of a manual folio of the Register (whether or not requiring the continuation of a search from the date of a previous search of that folio or the date of a prior certificate of result of a search) | 58.00 |
In addition, for each half-hour or part of a half-hour occupied in the search after the first hour | 28.00 | |
Computer folios | ||
22 | On the lodgment of a requisition for a computer folio certificate, final search of a computer folio or search of a historical record | 4.00 |
Public searches | ||
23 | On the lodgment of a requisition requiring dispatch of information by post, facsimile or other approved means: | |
(a) for an initial search of a folio of the Register, including investigation as to title reference, a copy of the relevant folio and the transmission fee | 29.70 | |
| 4.00 | |
(b) for a final search of a folio of the Register, including a copy of the search and the transmission fee | 22.00 | |
(c) for providing copies of a folio or dealing if no investigation as to title reference is required, including a copy of the folio or dealing and the transmission fee | 22.00 | |
| 4.00 | |
(d) for a historical search of a folio of the Register, including a copy of the search and the transmission fee | 22.00 | |
(e) for providing copies of an instrument or a plan only, including a copy of the document and the transmission fee | 22.00 | |
| 4.00 | |
(f) for supplying documents by facsimile transmission if no transmission cost is included in the initial fee and for supplying additional documents or copies, for each sheet | 1.10 | |
Searches generally | ||
24 | In the case of a requisition for an official search of a manual folio, a computer folio certificate, a final search of a computer folio or a search of a historical record that, in the opinion of the Registrar-General, is a search for which the above schedule of fees is not appropriate | Such reasonable fee (determined by the Registrar-General in negotiation with the requesting party) as is warranted by the cost incurred in carrying out the search. |
Certificates of title | ||
25 | For the issue of a certificate of title on any request or application | 58.00 |
Miscellaneous | ||
26 | On depositing an instrument declaratory of trusts or other instrument not specified | 58.00 |
27 | On lodgment of a requisition for statement of grounds under section 121 of the Act | 58.00 |
28 | On lodgment of a request for the issue of a summons under section 12 of the Act | 58.00 |
29 | On lodgment of a request for the issue of a notice under section 136 of the Act | 58.00 |
30 | For recording of any memorial or notification not otherwise provided for | 58.00 |
31 | On lodgment of a request for delivery of a document or documents pursuant to section 23A (3) (c) of the Act (no fee is payable if the request is made during the currency of the primary application) | 15.00 |
32 | For furnishing a certificate of ownership (Local Government Act 1993—section 700 (2)) and incorporating in it any information as to subsisting encumbrances or interests | 28.00 |
In addition, for supplying each additional document forming part of the Register | 4.00 | |
33 | For supplying information in response to a written inquiry as to the manner in which a proposed dealing or plan should be drawn, or as to whether a proposed dealing or plan is entitled to registration, or in response to a written inquiry that necessitates any searching or investigation | Such reasonable fee (determined by the Registrar-General) as is warranted by the cost incurred in supplying the information, searching or investigating. |
34 | For production of documents at the Office of State Revenue | 20.00 |
35 | For supplying details of lots created on the registration of a deposited plan or strata plan (within the meaning of the Conveyancing (General) Regulation 1998) | 2.00 |
36 | In addition, for any dealing, application, request or caveat that refers to more than 20 folios of the Register | 58.00 for each group of 20 folio references or part of that number. |
sch 5: Am 30.10.1998. Subst 25.6.1999; 2.6.2000.