Conveyancing (General) Regulation 1998

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Conveyancing (General) 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.

deposited plan means a plan (other than a strata plan) lodged for registration or recording in the office of the Registrar-General.

identified document means a document specified for the purposes of section 203A of the Act in clause 49B.

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 (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.

section 88B instrument means an instrument of a kind that:

(a)  under clause 27, is required to accompany a deposited plan that creates an easement, profit à prendre, restriction or positive covenant, or

(b)  under clause 28, is required to accompany a deposited plan that releases an easement or profit à prendre,

under section 88B of the Act, and includes a section 88B instrument within the meaning of the Strata Schemes (Freehold Development) Regulation 1997 or the Strata Schemes (Leasehold Development) Regulation 1997.

signatures form means an approved form for signatures used in connection with the lodging of a plan.

strata plan means a strata plan, a strata plan of subdivision, a strata plan of consolidation or a building alteration plan within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.

the Act means the Conveyancing Act 1919.

cl 3: Am 16.8.2002.

Part 2 The General Register of Deeds

4 Registration of instruments generally

(1)  An instrument that is lodged for registration in the General Register of Deeds must be accompanied by:

(a)  a registration copy of the instrument or a request that a registration copy of the instrument be prepared by the Registrar-General, and

(b)  the certificate referred to in section 184D (3) of the Act, and

(c)  the relevant fee as set out in Schedule 6, and

(d)  in the case of an instrument referred to in section 184E (4A), the notice referred to in that section, and

(e)  a completed statement of the title particulars in the approved form, if required by the Registrar-General.

(2)  In the case of a bill of sale:

(a)  the affidavit required by section 4 (1) of the Bills of Sale Act 1898 must appear on the same document as that on which the bill of sale is written or, if the bill of sale is accompanied by a registration copy that is not a photocopy of the bill of sale, on the same document as that comprising the registration copy, and

(b)  the statutory declaration required by section 5A (1) of the Bills of Sale Act 1898 must, in accordance with the requirements of section 5A (3) of that Act, be annexed to or indorsed on the same document as that on which the bill of sale is written, and

(c)  a photocopy of the bill of sale may be lodged as a registration copy so long as:

(i)  the affidavit referred to in paragraph (a) appears on the same document as that on which the bill of sale is written, and

(ii)  the photocopy is of an acceptable standard to the Registrar-General, and

(iii)  each page of the bill of sale is photocopied on a separate sheet.

(3)  This clause does not apply to the registration of writs, court orders or legal proceedings under section 186 of the Act, the registration of notices of resumption under section 196A of the Act or the registration of notifications of compulsory acquisition under a Commonwealth Act.

5 Registration of writs, court orders or legal proceedings

(1)  An application for registration of a writ, court order or legal proceeding in the General Register of Deeds under section 186 of the Act must be in the approved form and must be accompanied by:

(a)  the original or a copy of the writ, court order or legal proceeding, and

(b)  the certificate referred to in section 184D (3) of the Act, and

(c)  the relevant fee as set out in Schedule 6,

and may also be accompanied by a registration copy of the writ, court order or legal proceeding concerned.

(2)  For the purposes of section 186 (2) of the Act, the prescribed manner in which registration of a writ, order or current legal proceeding in the General Register of Deeds is to be renewed is by means of an application in the approved form accompanied by the relevant fee as set out in Schedule 6.

6 Registration of notices of resumption etc

A notice of resumption that is lodged for registration in the General Register of Deeds under section 196A (3) (a) of the Act:

(a)  must be in the form of Form 1 as set out in Schedule 1 (executed by the resuming authority or by an agent appointed by the resuming authority to execute the notice on its behalf), and

(b)  must be accompanied by:

(i)  the certificate referred to in section 184D (3) of the Act, and

(ii)  the relevant fee as set out in Schedule 6, and

(iii)  in the case of an instrument referred to in section 184E (4A), the notice referred to in that section.

7 Production of instrument etc and copy

(1)  An instrument that is lodged for registration in the General Register of Deeds (including any accompanying application and any registration copy of the instrument or application):

(a)  must have endorsed on it the name, address and delivery box number (if any) of the person by whom or on whose behalf it is lodged, and

(b)  must be produced in such manner as may be approved at the office of the Registrar-General.

(2)  Documents that are lodged for registration must not be bound together except by means of a pin, staple or split pin or other similar means acceptable to the Registrar-General.

8 Certificate 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.

9 Instruments to comply with Schedule 2 requirements

An instrument lodged for registration in the General Register of Deeds (including any accompanying application and any registration copy of the instrument or application) must comply with the requirements set out in Schedule 2.

10 Plans etc to comply with Schedule 2 requirements

The registration copy of a plan or diagram annexed to an instrument or, if no registration copy is lodged, the plan or diagram from which a registration copy is to be prepared by the Registrar-General:

(a)  must comply with the requirements set out in items (3), (4), (6), (7) and (9)–(13) of Schedule 2, and

(b)  must have all line work, dimensions, hatchings and notations in dense black ink, and

(c)  must not have on it any coloured ink, and

(d)  must have margins of not less than 10 mm on the top, bottom and sides.

11 Allocation 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 (if any) of the instrument.

12 Vacation of registrations

For the purposes of section 190A (3) of the Act, an application for vacation of a registration under Division 2 of Part 23 of the Act must:

(a)  be made in the approved form, and

(b)  be accompanied by the relevant fee as set out in Schedule 6.

Part 3 Register of plans

Division 1 General

13 Electronic signatures, seals and certificates

In this Part, a reference to a signature, seal or certificate means, in respect of a plan that is allowed by the Registrar-General to be lodged electronically, a signature, seal or certificate that is provided in an approved electronic form.

14 Particulars 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.

15 Certain deposited plans to be plans of survey

(1)  A deposited plan containing 5 lots or more must be in the form of a plan of survey unless the Registrar-General otherwise permits.

(2)  A deposited plan containing 4 lots or less must be in the form of a plan of survey if the Registrar-General so requires.

16 Numbering of parcels

(1)  All parcels of land (including parcels intended for public reserves and drainage reserves, but excluding public roads) must be numbered consecutively in strict numerical sequence, using no more than 4 numerals for each parcel number.

(2)  Parcels must not be identified by reference to a “section” or “block”.

(3)  The complete dimensions (including area) of each parcel must be shown.

(4)  Each deposited plan must include (if required by the Registrar-General) a table indicating the street address of each parcel shown in the plan.

17 Other information on plans

(1)  The following matters must be shown in the relevant spaces of the information panels of a deposited plan:

(a)  the purpose of the deposited plan and a short description of the land,

(b)  the local government area, town or other locality, parish and county,

(c)  certificates, signatures, seals and other information, except where they are provided on a signatures form that complies with the requirements set out in Schedule 3B.

(2)  In the case of a plan of subdivision for lease purposes (within the meaning of Division 3B of Part 2 of the Act), the plan must be endorsed by a subdivision certificate that states that the plan is a plan of subdivision for lease purposes, except where the certificate is provided on a signatures form that complies with the requirements set out in Schedule 3B.

(3)  In the case of a plan of subdivision for lease purposes (within the meaning of Division 3C of Part 2 of the Act), the plan must be endorsed by a subdivision certificate that states that the plan is a plan of subdivision for forestry lease purposes, except where the certificate is provided on a signatures form that complies with the requirements set out in Schedule 3B.

cl 17: Am 14.12.2001; 16.8.2002.

18 Plans lodged for registration as deposited plans to comply with Schedule 3 or 3A

(1)  A plan lodged by hand for registration at the office of the Registrar-General as a deposited plan must comply with the requirements set out in Schedule 3.

(2)  Where the Registrar-General permits a plan to be lodged electronically for registration as a deposited plan:

(a)  the plan must comply with the requirements set out in Schedule 3A, and

(b)  if other documents are lodged with it, the other documents must also be lodged electronically and the requirements set out in Schedule 3D must be complied with, except in the case of any documents referred to in clause 21A (5).

cl 18: Subst 16.8.2002.

19 Particulars on a deposited plan which is a plan of survey

(1)  A deposited plan which comprises a plan of survey must comply with the Surveyors (Practice) Regulation 2001 and must also 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)  If the name of a road shown in the plan differs from that shown on the reference maps kept in the office of the Registrar-General, the plan must be accompanied by a letter from the appropriate authority confirming the change of name and the extent of the change.

(3)  The Registrar-General is to maintain a series of reference maps in which the locations and, where appropriate, names of roads are identified for the purposes of this clause.

cll 19–21: Am 16.8.2002.

20 Particulars on a deposited plan which is not a plan of survey

A deposited plan which does not comprise a plan of survey must contain the following particulars:

(a)  sufficient connections to locate each parcel comprised in the plan,

(b)  a statement identifying the source of the information from which the plan has been compiled,

(c)  if the plan has been prepared by a surveyor, the signature of the surveyor, except where it is provided on a signatures form that complies with the requirements set out in Schedule 3B,

(d)  the date of preparation of the plan.

cll 19–21: Am 16.8.2002.

21 Lodgment of plans by hand

(1)  A person lodging a plan by hand for registration in the office of the Registrar-General must produce the plan at that office in such manner as may be approved.

(2)  The original plan must be accompanied by:

(a)  a completed plan lodgment form in the approved form, and

(b)  a completed statement of the title particulars in the approved form, if required by the Registrar-General, and

(c)  one print of each sheet of the plan (each sheet being a positive reproduction on a light background), and

(d)  the relevant fee as set out in Schedule 6, and

(e)  a completed plan checklist in the approved form, if required by the Registrar-General, and

(f)  such certificates of titles, and such instruments as the Registrar-General may require, and

(g)  a signatures form, if adopted, that complies with the requirements set out in Schedule 3B.

(3)  The print of each sheet of the plan lodged must contain particulars of the subdivision certificate, where required, under an original signature of the person who gave that certificate.

cll 19–21: Am 16.8.2002.

21A Lodgment of plans electronically

(1)  An authorised person lodging a plan electronically for registration in the office of the Registrar-General must lodge the plan in accordance with the e-plan system or otherwise with the consent of the Registrar-General.

Note—

The e-plan system is explained in section 195AA of the Act.

(2)  Plan lodgment details must be provided in the manner required by the Registrar-General.

(3)  The electronic data file containing the plan in electronic form must be accompanied by electronic data files containing in electronic form:

(a)  a completed signatures form and such other instruments and data as the Registrar-General may require, and

(b)  a completed plan checklist in the approved form, if required by the Registrar-General.

(4)  The relevant fee as set out in Schedule 6 must be paid in the manner and by the time specified by the Registrar-General.

(5)  The following original documents must be produced and lodged by hand at the office of the Registrar-General, and may not be lodged electronically:

(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.

cl 21A: Ins 16.8.2002.

22 Requirements for plan to record replacement of reference marks

(1)  A plan prepared for the purpose of recording the replacement of reference marks (placed originally in a survey illustrated in a registered deposited plan) and intended to be lodged at the office of the Registrar-General must:

(a)  comply with the requirements set out in clause 1 of Schedule 3 or in Schedule 3A, depending on the manner in which the original plan was lodged, and

(b)  be set out in accordance with the approved form, and

(c)  show, in the information panel of the plan, the purpose of the plan and the number of the registered plan to which it relates, and

(d)  be signed in an approved manner by the surveyor responsible for the survey in the original plan.

(2)  The plan must be lodged in such manner as may be approved at the office of the Registrar-General within 2 years of the registration of the original deposited plan.

(3)  The plan must be accompanied by:

(a)  a completed plan lodgment form in the approved form, and

(b)  the relevant fee as set out in Schedule 6.

(4)  The Registrar-General may refuse to accept a plan which, in the Registrar-General’s opinion, does not comply with this clause.

cl 22: Am 16.8.2002.

23 Miscellaneous plans: section 195

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 which, if shown on a plan, constitute the plan as a miscellaneous plan:

(a)  matter indicating the site of an easement, profit à prendre, restriction or positive covenant to be created under section 88B of the Act,

(b)  matter indicating the site of an easement or profit à prendre to be released under section 88B of the Act,

(c)  matter indicating 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)  matter indicating a division of land effected prior to 1 July 1920 by the erection of structures (such as buildings, walls and fences), being matter that states:

(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.

24 Plans of identification: section 195

For the purposes of paragraph (i) of the definition of plan of identification in section 195 (1) of the Act, the following plans are plans of identification:

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.

Division 1A Signatures form

Note—

If a plan is lodged by hand but the signatures and consents required are not endorsed on the plan, or the plan is lodged electronically, the signatures and consents required must be endorsed on the form approved by the Registrar-General for signatures (the signatures form) and that form must be lodged in the same way as the plan (see section 195D (2A) of the Act).

pt 3, div 1A (cll 24A–24D): Ins 16.8.2002.

24A Content of the signatures form

(1)  The signatures form must repeat the plan heading and the surveyor’s reference in the appropriate panels on each sheet of the approved form.

(2)  The signatures form must repeat any statement of intention 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, as indicated on the plan, in the panel provided on the approved form.

(3)  The signatures form must contain all the certificates required by the Registrar-General, endorsed in the appropriate panels on the approved form.

pt 3, div 1A (cll 24A–24D): Ins 16.8.2002.

24B Signatures form to comply with Schedule 3B or Schedules 3B and 3C requirements

(1)  A signatures form that is lodged by hand at the office of the Registrar-General must comply with the requirements set out in Schedule 3B.

(2)  A signatures form can be lodged electronically only if:

(a)  the plan to which it relates is also lodged electronically, and

(b)  the signatures form complies with the requirements set out in Schedule 3B and is lodged in accordance with the requirements set out in Schedule 3C.

pt 3, div 1A (cll 24A–24D): Ins 16.8.2002.

24C Refusal to accept a signatures form

The Registrar-General may refuse to accept a signatures form that, in the Registrar-General’s opinion, does not comply with or is not lodged in accordance with this Division.

pt 3, div 1A (cll 24A–24D): Ins 16.8.2002.

24D Registration of a signatures form

On registration of a deposited plan that is accompanied by a signatures form, the signatures form is to be registered in the register of plans.

pt 3, div 1A (cll 24A–24D): Ins 16.8.2002.

Division 2 Deposited plans affecting interests in land

25 Indication of site of proposed easement or variation of site of existing easement

(1)  A notation referring to an intention to create or release an easement or profit à prendre, or to create a restriction or positive covenant, must not be entered on a deposited plan unless it is intended that it is to be created or released pursuant to section 88B of the Act.

(2)  However, a deposited plan may designate the site of a proposed easement, profit à prendre, restriction or positive covenant that is intended to be created (otherwise than by registration of the plan) by an instrument of grant or reservation, or the proposed varied site of an existing easement or profit à prendre that is intended to be varied by an instrument of variation, if:

(a)  the designation of the site of the proposed easement, profit à prendre, restriction or positive covenant, or of the proposed variation of existing easement or profit à prendre, includes the word “proposed” or an abbreviation of that word, and

(b)  no other statement of the intention to create or vary the easement or profit à prendre, or to create the restriction or positive covenant, is entered elsewhere on the plan.

(3)  The designation of the site of a proposed easement, profit à prendre, restriction or positive covenant in accordance with subclause (2) 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.

(4)  A notation referring to the proposed varied site of an existing easement or profit à prendre must not be entered on a deposited plan unless it is intended that the easement or profit à prendre is to be varied pursuant to section 47 (5A) of the Real Property Act 1900.

26 Indication of dedication of public roads or creation of reserves

(1)  In a deposited plan which, 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, the statement of intention to dedicate the road or to create the reserve must be legibly printed in the panel provided on the approved form.

(2)  The signatures form, if adopted, that accompanies the plan must repeat the statement of intention to dedicate in the panel provided on the signatures form.

cll 26: Am 16.8.2002.

27 Indication of creation of easements

(1)  In a deposited plan which, on registration, is intended to create an easement, profit à prendre, restriction or positive covenant pursuant to section 88B of the Act:

(a)  a statement of intention to create the easement, profit à prendre, restriction or positive covenant must be legibly printed in the panel provided on the approved form, and

(b)  the site of an easement must be indicated in the plan-drawing area of the approved form 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

(c)  if an easement is limited in height or depth, the levels of the limits must be related to Australian Height Datum as defined in the Surveyors (Practice) Regulation 2001.

(2)  A statement of intention referred to in subclause (1) (a) must neither incorporate the text of the easement, profit à prendre, restriction or positive covenant nor specify the lots intended to be benefited and burdened.

(3)  The deposited plan must be accompanied by a section 88B instrument that complies with Division 3.

cll 27: Am 16.8.2002.

28 Indication of release of easements

(1)  In a deposited plan which, on registration, is intended 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 in the panel provided on the plan form, and

(b)  sufficient information must be shown on the plan, or included in the relevant section 88B instrument, to indicate the extent of the release.

(2)  The deposited plan must be accompanied by a section 88B instrument that complies with Division 3.

Division 3 Section 88B instruments

29 Form and content of section 88B instruments

(1)  A section 88B instrument is to be in the approved form.

(2)  The instrument must repeat each statement of intention to create an easement, profit à prendre, restriction or positive covenant in the same form (and, where more than one statement of intention, in the same order) as set out in the information panel in the form.

(3)  The instrument must repeat each statement (if any) of intention to release an easement or profit à prendre in the same form (and, where more than one, in the same order) as set out in the information panel in the form.

(4)  The instrument must contain, after each statement, a schedule setting out the lot numbers of the lots burdened by the easement, profit à prendre, restriction or positive covenant (numbered individually and in numerical sequence) and, opposite the lot number of each lot burdened:

(a)  the numbers of the lots intended to receive the benefit of the easement, profit à prendre restriction or positive covenant, and

(b)  the name of any road to which any easement, profit à prendre, restriction or positive covenant is to be appurtenant, and

(c)  the name of any body in whose favour any easement in gross or positive covenant without a dominant tenement is to be created, and

(d)  the name of any prescribed authority in whose favour any restriction on the use of land or positive covenant that is of the type that may be imposed under section 88E of the Act is to be created.

(5)  The instrument must contain, after each statement, a schedule setting out the lot numbers of the lots burdened by each easement or profit à prendre, if any, proposed to be released and, opposite the lot number of each lot burdened:

(a)  the number of the lots that receive the benefit of the easement or profit à prendre, and

(b)  the name of any road to which the easement is appurtenant, and

(c)  the name of any prescribed authority in whose favour any easement in gross was created.

(6)  If each lot in a plan is intended to be burdened by an easement, profit à prendre, restriction or positive covenant the benefit of which is intended to be received by every other lot in the plan, it is sufficient if the words “each lot” and “every other lot”, or words to the same effect, are respectively noted in the schedule.

(7)  The instrument is to set out the text of each easement, profit à prendre, restriction or positive covenant referred to in the statements on the plan.

(8)  An entry is not to be made in the instrument in respect of a statement which is in the form of the words “right of carriageway”, “right of footway”, “easement to drain water”, “easement to drain sewage”, “easement for repairs”, “easement for batter”, “easement for drainage of sewage”, “easement for drainage of water”, “easement for electricity purposes”, “easement for overhang”, “easement for services”, “easement for water supply”, “easement to permit encroaching structure to remain” or “right of access” unless it is intended that the meaning attributed to the expression concerned in the relevant part of Schedule 4A or Schedule 8 to the Act is to be modified by the instrument.

30 Section 88B instruments to comply with Schedule 4 or Schedule 4 and 4A requirements

(1)  A section 88B instrument that is lodged by hand at the office of the Registrar-General must comply with the requirements set out in Schedule 4.

(2)  A section 88B instrument that the Registrar-General permits to be lodged electronically must comply with the requirements set out in Schedule 4 and the requirements set out in Schedule 4A must also be complied with.

cll 30: Am 16.8.2002.

31 Refusal to accept section 88B instruments

The Registrar-General may refuse to accept a section 88B instrument which, in the Registrar-General’s opinion, does not comply with this Division.

32 Registration of section 88B instruments

On registration of a deposited 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 4 Additional provisions with respect to land under the Real Property Act 1900

33 Application of Division

This Division applies to deposited plans with respect to land that is subject to the provisions of the Real Property Act 1900.

34 Deposited plan relating to a limited folio

A deposited plan which affects land comprised in a limited folio (within the meaning of the Real Property Act 1900) must be a plan of survey.

35 Subdivision or consolidation of part of land in a folio

(1)  If a proposed subdivision or consolidation of land 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 deposited plan of the subdivision or consolidation 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 be compiled, and the bearings for the boundaries omitted, unless the Registrar-General otherwise requires.

(4)  This clause does not apply to a deposited plan prepared solely for the purpose of showing the site of a public railway or irrigation channel unless a folio of the Register kept under the Real Property Act 1900 is to be created for the site.

36 Alteration 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:

(a)  created under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, 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,

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.

Part 4 Searches

37 Official searches

(1)  A requisition for an official search of old system title land or a request for an office copy of a certificate of the result of such a search must be made on an approved form.

(2)  A requisition is to be limited to a single chain of title.

(3)  The relevant fee as set out in Schedule 6 must, if required by the Registrar-General, be paid before delivery of the office copy of a certificate of the result of a search.

(4)  If a requisition is withdrawn after 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.

(5)  The Registrar-General may require an interim payment of fees before completion of a search.

38 Public searches

For the purposes of section 199 of the Act:

(a)  the prescribed times at which information in registers kept under the Act is to be made available are 8.30 am to 4.30 pm each day (other than a Saturday, Sunday or public holiday) or such other times as the Registrar-General directs, and

(b)  the prescribed manner in which such information is to be made available in response to a requisition requiring dispatch of information by post, facsimile or other approved means is by the Registrar-General furnishing a copy of the information, and

(c)  the prescribed fee is the relevant fee as set out in Schedule 6.

Part 5 Fees

39 Fees payable to the Registrar-General

(1)  The fees specified opposite the matters listed in Schedule 6 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.

40 Fee payable to a prescribed authority for a certificate under section 88G of the Act

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)  $10, or

(b)  if the authority has inspected the relevant land for the purpose of issuing the certificate—$35.

Part 6 Miscellaneous

41 Vacation of registrations

For the purposes of section 200 (2) of the Act, the prescribed form of application for vacation of a registration is the form of Form 2 as set out in Schedule 1.

42 Appointment 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.

43 Compliance 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, must be lodged in duplicate and its particulars must not be handwritten.

44 Prescribed witnesses to deeds

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, any person of a class referred to in Part 1 of Schedule 5, or

(b)  in the case of a deed that is signed within a foreign country, any person of a class referred to in Part 2 of Schedule 5.

45 Certification of copy of power of attorney

For the purposes of section 163A (2) (a) (ii) of the Act, a person of a prescribed class is:

(a)  in the case of a document that is endorsed within Australia, any person of a class referred to in Part 1 of Schedule 5, or

(b)  in the case of a document that is endorsed within a foreign country, any person of a class referred to in Part 2 of Schedule 5.

46 Attestation of execution of certain powers of attorney

(1)  For the purpose of attesting an instrument in accordance with section 163F (2) (b) of the Act within Australia, the following persons are prescribed persons:

(a)  a clerk of a local court,

(b)  a barrister or solicitor of a court of any State or Territory of the Commonwealth.

(2)  For the purpose of attesting an instrument in accordance with section 163F (2) (b) of the Act in a country outside Australia, the following persons are prescribed persons:

(a)  a clerk of a local court,

(b)  a barrister or solicitor of a court of any State or Territory of the Commonwealth,

(c)  a legal practitioner duly qualified in that country, instructed and employed independently of any legal practitioner appointed as an attorney under the instrument,

(d)  an Australian or a British Consular Officer exercising consular functions in that country.

(3)  A person is not a prescribed person for the purposes of section 163F (2) (b) of the Act if the person is:

(a)  a solicitor acting for, or employed in the legal practice of, a solicitor appointed as an attorney under the instrument, or

(b)  a solicitor who is a member of a partnership which carries on a legal practice and of which an attorney under the instrument is a member.

47 Easements in gross

(1)  For the purposes of section 88A of the Act, each of the following corporations is a prescribed authority:

(a)  Hunter Water Corporation Limited,

(b)  Sydney Water Corporation Limited,

(c)  an irrigation corporation within the meaning of the Irrigation Corporations Act 1994,

(d)  an energy services corporation within the meaning of the Energy Services Corporations Act 1995,

(e)  Rail Access Corporation,

(f)  The Albury Gas Co Ltd (ACN 000 001 249),

(g)  AGL Gas Networks Limited (ACN 003 004 322),

(h)  Eastern Gas Pipeline Pty Ltd (ACN 067 715 646),

(i)  Telstra Corporation Limited (ACN 051 775 556),

(j)  Vodafone Network Pty Limited (ACN 056 161 043),

(k)  Integral Energy Gas Pty Limited (ACN 078 702 655),

(l)  Actew Distribution Ltd (ACN 073 025 224),

(m)  AGL Gas Company (ACT) Limited (ACN 008 552 663).

(2)  For the purposes of section 88A of the Act, a permittee or licensee is a prescribed authority, but only in respect of easements for the purpose of the construction and use of pipelines, for any purpose incidental to any such purpose and for the purpose of access to pipelines or to apparatus or works. Expressions used in this subclause have the same meanings they have in the Pipelines Act 1967.

cl 47: Am 11.6.1999; 17.3.2000; 28.6.2002.

48 Imposition of restrictions or public positive covenants on certain land vested in public 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 a prescribed authority:

(a)  Australian Postal Corporation,

(b)  Commonwealth Defence Housing Authority,

(c)  Hunter Water Corporation Limited,

(d)  Sydney Water Corporation Limited,

(e)  Rail Access Corporation,

(f)  an irrigation corporation within the meaning of the Irrigation Corporations Act 1994,

(g)  The Uniting Church in Australia Property Trust (N.S.W.).

cll 48: Am 11.6.1999.

49 Regulation of use of land not held by a prescribed authority

For the purposes of paragraph (c) of the definition of prescribed authority in section 88E (1) of the Act, each of the following is a prescribed authority:

(a)  Australian Postal Corporation,

(b)  Hunter Water Corporation Limited,

(c)  Sydney Water Corporation Limited,

(d)  Rail Access Corporation,

(e)  an irrigation corporation within the meaning of the Irrigation Corporations Act 1994,

(f)  The Uniting Church in Australia Property Trust (N.S.W.).

cll 49: Am 11.6.1999.

49A Periods for retention of documents (section 196AB of the Act)

For the purposes of section 196AB (2) (c) of the Act, the period prescribed is the period of 12 months commencing with the day on which the plan or other document was registered or recorded.

cll 49A: Ins 16.8.2002.

49B Identified documents (section 203A of the Act)

For the purposes of section 203A of the Act, each of the following is an identified document:

(a)  an instrument under section 88B of the Act,

(b)  a building management statement under Division 3B of Part 23 of the Act,

(c)  a statement of by-laws referred to in section 8 (4B) of the Strata Schemes (Freehold Development) Act 1973,

(d)  a strata development contract referred to in Division 2A of Part 2 of the Strata Schemes (Freehold Development) Act 1973,

(e)  a strata management statement referred to in Division 2B of Part 2 of the Strata Schemes (Freehold Development) Act 1973,

(f)  a statement of the by-laws referred to in section 7 (2CC) of the Strata Schemes (Leasehold Development) Act 1986,

(g)  a strata development contract referred to in Division 5 of Part 2 of the Strata Schemes (Leasehold Development) Act 1986,

(h)  a strata management statement referred to in Division 5A of Part 2 of the Strata Schemes (Leasehold Development) Act 1986,

(i)  a development contract referred in sections 5, 9, 13, 18 and 26 of the Community Land Development Act 1989, and

(j)  a community, precinct or neighbourhood management statement referred to in sections 5, 9, 13 and 18 of the Community Land Development Act 1989.

cll 49B: Ins 16.8.2002.

50 Repeal

(1)  The Conveyancing (General) Regulation 1992 is repealed.

(2)  Any act, matter or thing that had effect under the Conveyancing (General) Regulation 1992 immediately before the commencement of this Regulation is taken to have effect under this Regulation.

51 Transitional provision consequent on enactment of Environmental Planning and Assessment Amendment Act 1997

(1)  This clause applies to:

(a)  any plan of subdivision certified in accordance with section 327 (1) (d) or (2) (b) of the repealed Act, regardless of when the plan is certified or lodged with the Registrar-General for registration under the Act, and

(b)  any plan of the division of land (other than a plan of subdivision) lodged with the Registrar-General for registration under the Act before the appointed day.

(2)  The provisions of:

(a)  Division 3 of Part 23 of the Act, and

(b)  the Conveyancing (General) Regulation 1992,

as in force immediately before the appointed day apply to and in respect of a plan to which this clause applies as if the 1997 amending Act had not been enacted and the 1998 amending Regulation had not been made.

(3)  In this clause:

appointed day means the day appointed under section 2 of the 1997 amending Act for the commencement of that Act.

plan of subdivision has the same meaning as it had in section 327AA of the repealed Act.

repealed Act means the Local Government Act 1919.

the 1997 amending Act means the Environmental Planning and Assessment Amendment Act 1997.

the 1998 amending Regulation means the Conveyancing (General) Amendment Regulation 1998.

Schedule 1 Forms

Form 1

(Clause 6)

NOTICE OF RESUMPTION OF LAND NOT SUBJECT TO THE REAL PROPERTY ACT 1900

Conveyancing Act 1919, section 196A (3) (a)

Conveyancing (General) Regulation 1998, clause 6

(Extract from Gazette)

I, ............................................................¹,
certify that the above matter is a true copy of the notification of resumption published in the Government Gazette on ............... at page ...............

	..............................(Signature)
	Date: .........................

Notes—

¹ Insert name and address of person signing the notice.

Form 2

(Clause 41)

APPLICATION FOR VACATION OF REGISTRATION

Conveyancing Act 1919, section 200

Conveyancing (General) Regulation 1998, clause 41

I, ............................................................¹,
apply for the vacation of the registration of ...............²,

Evidence in support of my right to have the registration vacated is set out below/attached.

	..............................(Signature)
	Date: .........................

Notes—

¹ Insert name and address of applicant.

² Insert nature of instrument and its registration number.

Schedule 2 Requirements for instruments generally

(Clauses 9 and 10)

(1) The text must be clearly printed or written: (a) across the width of each sheet of paper used, and (b) unless the Registrar-General otherwise permits, on one side only of each sheet.

(2) The sheets used must have clear margins: (a) on the first sheet—of not less than 25 mm (at the top) and 10 mm (on the left-hand and right-hand sides and at the bottom), and (b) on each subsequent sheet—of not less than 10 mm (on the left-hand and right-hand sides and at the top and bottom).

(3) The paper used must be: (a) white and free from discolouration and blemishes, and (b) not less than 80 grams per square metre, and (c) 297 mm in length by 210 mm in width (standard A4), or such other paper as may be approved.

(4) All text must be at least 10 point (1.8 mm) 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.

(5) Handwriting and any imprint of a seal must be clear and legible and in dense black ink or dense dark blue ink.

(6) Typewriting, printing, writing or seals must not extend into a margin.

(7) Typewriting, printing, writing or signatures must not extend into any seal.

(8) In the top margin on the first sheet of a registration copy there must be printed or written the nature of the original instrument and a note of the stamp duty, if any, appearing on it.

(9) Alterations must be made by striking through the matter intended to be altered 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 instrument.

(10) Signatures or initials noticing alterations by interlineation or the striking through of matter must be placed in the margin as near as practicable to the alteration.

(11) The instrument must be flat and free from creases caused by folding or otherwise.

(12) If a registration copy is made by a photographic or similar approved process, the image in the copy must be dense black, permanent, legible and free from excessive background. The process must not affect the quality and permanence of the paper.

(13) A part of a lot must not be shown on a plan or diagram unless the whole of the lot is shown on another part of the plan or diagram, whether or not on the same sheet.

Schedule 3 Requirements for deposited plans lodged by hand

(Clause 18 (1))

sch 3, hdg: Am 16.8.2002.

1 Material on which plan to be drawn

(1)  Each plan sheet must consist of a polyester film, or some other medium approved by the Registrar-General.

(2)  A plan must be drawn on one side of a plan sheet only, and must be drawn on a matt surface.

(3)  Each plan sheet must be free from blemishes and creases.

2 Use of approved forms

(1)  A plan intended to be lodged by hand for registration as a deposited plan must be in the approved form.

(2)  Any land that cannot satisfactorily be shown on one sheet may be shown on one or more (but not more than 3) additional sheets in the approved form.

3 Margins

(1)  A margin of at least 10 millimetres must be left around the plan drawing area of each plan sheet.

(2)  No printing, writing or other notation (other than directions or notations authorised by the Registrar-General) must appear in, or extend into, the margin.

4 Lettering

Unless the Register-General otherwise approves, all words must be in the English language, and letters, figures and symbols appearing on a plan:

(a)  must be drawn in dense black waterproof ink or dense black plastic ink, and

(b)  must be shown in capital letters (except as otherwise provided by this Schedule), and

(c)  must be open in formation and construction, and

(d)  must be drawn in an upright style.

5 Use of colouring and edging prohibited

Neither colouring nor edging are to be used on a plan sheet.

6 Clarity of detail

The plan must be drawn in a manner and to a scale that allows all details and notations to be clearly reproduced by the copying processes used by the Registrar-General.

7 Alterations

(1)  A plan may be altered only by striking through the matter to be altered.

(2)  In particular, a plan may not be altered by the use of liquid paper or by rubbing, scraping or cutting the surface of the plan sheet.

(3)  The Registrar-General may require a plan sheet to be replaced if, in the opinion of the Registrar-General, any alteration on the sheet will render it unsuitable for copying.

8 Information to be included on plan sheets

(1)  Each plan sheet in a series of plan sheets must be numbered consecutively as part of the series (for example, the first and second sheets in a plan that is made up of 4 sheets must be numbered “Sheet 1 of 4 sheets” and “Sheet 2 of 4 sheets”, respectively).

(2)  Each plan sheet must contain a north point (directed upwards) and must also specify the orientation to which the north point relates.

(3)  Any separate diagrams or tabulations of dimensions or marks used in an additional sheet must be shown on the sheet.

(4)  No information (other than the plan and any separate diagrams and tabulations of dimensions and marks relating to the plan) is to appear within the plan drawing area of a plan sheet.

(5)  Any signature or seal of a person referred to in section 195D (1) or (2) that cannot satisfactorily be shown on the plan sheet may be shown on an additional plan sheet, except where those signatures or seals are provided on a signatures form that complies with the requirements set out in Schedule 3B.

9 Linear dimensions

(1)  Linear measurements must be expressed in metres, correct to 3 decimal places, without any accompanying symbol.

(2)  If a length of less than one metre is shown, the decimal point must be preceded by the numeral “0”.

10 Area dimensions

(1)  Area measurements must be expressed as follows:

(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 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”.

(2)  The total area of a parcel:

(a)  must be shown within or related to the most significant part of the parcel, and

(b)  must be the exact mathematical total of all the areas shown on the plan as being within that parcel.

11 Reduction ratio

There must be a statement on each sheet of the reduction ratio at which the plan is drawn.

12 Identification of adjoining lands

The identities of all adjoining lands must be shown.

13 Identification of easements

(1)  A plan must contain sufficient information to define the site of:

(a)  any easement intended to be created as a consequence of the registration of the plan, and

(b)  any easement intended to be partially released as a consequence of the registration of the plan, and

(c)  any proposed easement, or proposed variation or partial release of an easement, other than an easement referred to in paragraph (a) or (b),

and, where necessary, must also contain sufficient information to indicate the relationship of any such easement to the boundaries of any affected parcel or lot.

(2)  The site, nature and origin of any existing easement affecting a parcel or lot in a plan, and its relationship to the boundaries of that parcel or lot, must be shown wherever possible. Origin, in relation to an existing easement, means the Gazette reference or registration number of the instrument or plan by which the easement was granted, reserved, notified or otherwise created.

(3)  If an easement is in respect of an existing tunnel, pipe, conduit, wire or other similar object which is underground or is within or beneath an existing building, it is sufficient to indicate on the plan the approximate position of the easement.

sch 3: Am 16.8.2002.

Schedule 3A Requirements for deposited plans lodged electronically for registration

(Clauses 18 (2) (a) and 22 (1) (a))

1 File type in which plan to be created

(1)  Each plan sheet must be created in a Tagged Image File Format (TIFF) approved by the Registrar-General.

(2)  Each image must be created to the following specifications:

(a)  Size—true to the approved form size (standard A2 or A3),

(b)  Colour—must be black and white (monochrome),

(c)  Resolution—200 dots per inch (dpi),

(d)  Compression—CCITT Group 4.

(3)  A plan comprising more than one sheet must be created as a multipage file.

2 Use of approved forms

(1)  A plan intended to be lodged electronically for registration as a deposited plan must be in the approved form.

(2)  Any land that cannot satisfactorily be shown on one sheet may be shown on one or more (but not more than 3) additional sheets in the approved form.

3 Margins

(1)  A margin of at least 10 millimetres must be left around the plan drawing area of each plan sheet.

(2)  No printing, writing or other notation (other than directions or notations authorised by the Registrar-General) must appear in, or extend into, the margin.

4 Lettering

Unless the Register-General otherwise approves, all words must be in the English language, and all letters, figures and symbols appearing on a plan must be in a font that is:

(a)  dense and black in colour,

(b)  in upper case only (except as otherwise provided by this Schedule),

(c)  open in formation and construction, and

(d)  in an upright style.

5 Use of colouring and edging prohibited

Neither colouring nor edging are to be used on a plan sheet.

6 Clarity of detail

(1)  The plan must be drawn to a scale and the image created in a manner that allows all details and notations to be clearly reproduced by the copying processes used by the Registrar-General.

(2)  The Registrar-General may require a plan file to be resubmitted if, in the opinion of the Registrar-General, the plan image does not comply with subclause (1).

7 Alterations

(1)  A plan image must not be altered.

(2)  Any alterations must be made to the Computer Aided Drafting (CAD) software plan file and a new image created.

8 Information to be included on plan sheets

(1)  Each plan sheet in a series of plan sheets must be numbered consecutively as part of the series (for example, the first and second sheets in a plan that is made up of 4 sheets must be numbered “Sheet 1 of 4 sheets” and “Sheet 2 of 4 sheets”, respectively).

(2)  Each plan sheet must contain a north point (directed upwards) and must also specify the orientation to which the north point relates.

(3)  Any separate diagrams or tabulations of dimensions or marks used in an additional sheet must be shown on the sheet.

(4)  No information (other than the plan and any separate diagrams and tabulations of dimensions and marks relating to the plan) is to appear within the plan drawing area of a plan sheet.

9 Linear dimensions

(1)  Linear measurements must be expressed in metres, correct to 3 decimal places, without any accompanying symbol.

(2)  If a length of less than one metre is shown, the decimal point must be preceded by the numeral “0”.

10 Area dimensions

(1)  Area measurements must be expressed as follows:

(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 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”.

(2)  The total area of a parcel:

(a)  must be shown within or related to the most significant part of the parcel, and

(b)  must be the exact mathematical total of all the areas shown on the plan as being within that parcel.

11 Reduction ratio

There must be a statement on each sheet of the reduction ratio at which the plan is drawn.

12 Identification of adjoining land

The identity of all adjoining land must be shown.

13 Identification of easements

(1)  A plan must contain sufficient information to define the site of:

(a)  any easement intended to be created as a consequence of the registration of the plan, and

(b)  any easement intended to be partially released as a consequence of the registration of the plan, and

(c)  any proposed easement, or proposed variation or partial release of an easement, other than an easement referred to in paragraph (a) or (b), and, where necessary, must also contain sufficient information to indicate the relationship of any such easement to the boundaries of any affected parcel or lot.

(2)  The site, nature and origin of any existing easement affecting a parcel or lot in a plan, and its relationship to the boundaries of that parcel or lot, must be shown wherever possible. Origin, in relation to an existing easement, means the Gazette reference or registration number of the instrument or plan by which the easement was granted, reserved, notified or otherwise created.

(3)  If an easement is in respect of an existing tunnel, pipe, conduit, wire or other similar object which is underground or is within or beneath an existing building, it is sufficient to indicate on the plan the approximate position of the easement.

14 Signatures not to appear

No signatures or seals will appear on the plan drawing sheets.

Note—

All signatures and seals must be shown on the signatures form.

schs 3A–3D: Ins 16.8.2002.

Schedule 3B Requirements for signatures form

(Clauses 17, 20 (c), 21 and 24B)

Note—

When a signatures form is adopted, all signatures and seals must be shown on the form. No signatures or seals will appear on the plan drawing sheets, except as provided by clause 21 (3). The completed signatures form must be lodged with and in the same manner as the plan.

1 Use of approved form

(1)  A signatures form must be in the approved form.

(2)  Any signatures, seals or certificates that cannot satisfactorily be shown on one sheet may be shown on one or more additional sheets in the approved form.

2 Paper

The paper used must be:

(a)  white and free from discolouration and blemishes, and

(b)  not less than 80 grams per square metre, and

(c)  297mm in length by 210mm in width (standard A4),

or such other paper as may be approved by the Registrar-General.

3 Margins

(1)  The sheets used must have clear margins of not less than 10mm on each side and top and bottom.

(2)  Typewriting, printing, writing or seals (other than directions or notations authorised by the Registrar-General) must not extend into a margin.

4 Lettering

(1)  The text of a signatures form must be clearly printed or written:

(a)  across the width of each panel on the sheet of paper used, and

(b)  on one side only of each sheet.

(2)  All text must 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.

(3)  Handwriting and any imprint of a seal must be clear and legible and in dense black ink or dense dark blue ink.

5 Alterations

(1)  Alterations must be made by striking through the matter intended to be altered and not by rubbing, scraping or cutting the surface of the paper or by using correction fluid.

(2)  Signatures or initials noticing alterations by interlineation or the striking through of matter must be placed in the margin as near as practicable to the alteration.

6 Information to be included on multiple sheets

If the signatures form comprises more than one sheet:

(a)  each sheet other than the first sheet must repeat the heading on the first sheet, the subdivision certificate number and date of endorsement and the surveyor’s reference, and

(b)  each sheet must be numbered sequentially in the top right hand corner of each sheet as “Sheet ..... of ..... sheets”.

schs 3A–3D: Ins 16.8.2002.

Schedule 3C Requirements for lodging signatures form electronically

(Clause 24B (2) (b))

1 File type in which image of document to be created

(1)  Each sheet of the completed paper signatures form complying with Schedule 3B that bears original signatures and seals will be scanned by the lodging party and an image created in a Tagged Image File Format (TIFF) approved by the Registrar-General.

(2)  Each image must be created to the following specifications:

(a)  Size—true to the approved form size (standard A4),

(b)  Colour—must be black and white (monochrome),

(c)  Resolution—200 dots per inch (dpi),

(d)  Compression—CCITT Group 4.

2 Multiple sheets

An image of a signatures form comprising more than one sheet must be created as a multipage file.

3 Lodging procedure

(1)  The TIFF image of the completed signatures form will be lodged electronically together with the TIFF image of the plan.

(2)  The standard of the electronic file received by the Registrar-General must be acceptable to the Registrar-General.

Note—

The completed paper signatures form, bearing original signatures and seals, must be retained by the lodging party for a period of at least 12 months following the date of registration of the plan (see clause 49A).

schs 3A–3D: Ins 16.8.2002.

Schedule 3D Requirements for lodging other documents electronically

(Clause 18 (2) (b))

1 File type in which image of document to be created

(1)  Where a document other than a signatures form is required to be lodged electronically with a plan, such as:

(a)  a building management statement, or

(b)  a development contract or management statement as required by the Community Land Development Act 1989, or

(c)  any other documents required by the Registrar-General,

each sheet of the completed paper document will be scanned by the lodging party and an image created in a Tagged Image File Format (TIFF) approved by the Registrar-General.

(2)  Each image must be created to the following specifications:

(a)  Size—true to the approved form size (standard A4),

(b)  Colour—must be black and white (monochrome),

(c)  Resolution—200 dots per inch (dpi),

(d)  Compression—CCITT Group 4.

2 Multiple sheets

An image of a document comprising more than one sheet must be created as a multipage file.

3 Lodging procedure

(1)  The TIFF image of the completed document will be lodged electronically together with the TIFF image of the plan.

(2)  The standard of the electronic file received by the Registrar-General must be acceptable to the Registrar-General.

Note—

The completed paper document, bearing original signatures and seals, must be retained by the lodging party for a period of at least 12 months following the date of registration of the plan (see clause 49A).

schs 3A–3D: Ins 16.8.2002.

Schedule 4 Requirements for section 88B instruments

(Clause 30 (1))

1 Text

The text of a section 88B instrument must be clearly printed or written:

(a)  across the width of each sheet of paper used, and

(b)  unless the Registrar-General otherwise permits, on one side only of each sheet.

2 Margins

The sheets used must have clear margins:

(a)  on the first sheet—of not less than 10 mm (on the left-hand side), 10 mm (on the right-hand side), 25 mm (at the top) and 10 mm (at the bottom), and

(b)  on each subsequent sheet—of not less than 10 mm (on the left-hand side) and 10 mm (on the right-hand side and at the top and bottom).

3 Paper

The paper used must be:

(a)  white and free from discolouration and blemishes, and

(b)  not less than 80 grams per square metre, and

(c)  297 mm in length by 210 mm in width (standard A4),

or such other paper as may be approved.

4 Size of lettering

All text must be at least 10 point (1.8 mm) 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.

5 Legibility

Handwriting and any imprint of a seal must be clear and legible and in dense black ink or dense dark blue ink.

6 Margins

Typewriting, printing, writing or seals must not extend into a margin.

7 Form of alterations

Alterations must be made by striking through the matter intended to be altered 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 instrument.

8 Acknowledgement of alterations

Signatures or initials noticing alterations by interlineation or the striking through of matter must be placed in the margin as near as practicable to the alteration.

9 Signatures

The final sheet must bear:

(a)  the attested signatures of the persons who appear to the Registrar-General to be the owners, mortgagees, or covenant chargees of the land over which the easement, or in respect of which the restriction, covenant or profit àprendre, is intended to be created, and

(b)  the attested signatures of the persons who appear to the Registrar-General to be the owners, mortgagees, or covenant chargees of the land which has the benefit of the easement which is intended to be varied or released, and

(c)  the capacity in which each signatory has signed.

10 Numbering of sheets

If the instrument comprises more than one sheet:

(a)  each sheet other than the first sheet and the final sheet must repeat the heading on the first sheet and the plan identification appearing in Part 1 of the instrument, and

(b)  each sheet other than the final sheet must be signed by an attesting witness to the final sheet, and

(c)  each sheet must be numbered sequentially in the top right hand corner of each sheet as “Sheet ..... of ..... sheets”.

sch 4: Am 16.8.2002.

Schedule 4A Requirements for lodging section 88B instruments electronically

(Clause 30 (2))

1 File type in which image of instrument to be created

(1)  Each sheet of the completed paper instrument complying with Schedule 4 that bears original signatures and seals will be scanned by the lodging party and an image created in a Tagged Image File Format (TIFF) approved by the Registrar-General.

(2)  Each image must be created to the following specifications:

(a)  Size—true to the approved form size (standard A4),

(b)  Colour—must be black and white (monochrome),

(c)  Resolution—200 dots per inch (dpi),

(d)  Compression—CCITT Group 4.

2 Multiple sheets

An image of an instrument comprising more than one sheet must be created as a multipage file.

3 Lodging procedure

(1)  The TIFF image of the instrument will be lodged electronically together with the TIFF image of the plan.

(2)  The standard of the electronic file received by the Registrar-General must be acceptable to the Registrar-General.

Note—

The completed paper section 88B instrument, bearing original signatures and seals, must be retained by the lodging party for a period of at least 12 months following the date of registration of the plan (see clause 49A).

sch 4A: Ins 16.8.2002.

Schedule 5 Prescribed witnesses to deeds

(Clauses 44 and 45)

Part 1

accountant
bank manager
barrister
chancellor, deputy chancellor or dean of a faculty of a university
clerk of a local court
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
pharmacist
postal manager of a post office
principal or deputy principal of a school or college
registered surveyor
solicitor
stockbroker
veterinary surgeon

Part 2

Australian or British Consular Officer exercising functions in 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
officer in charge of a police station
notary public

Schedule 6 Fees

(Clause 39)

Registration in the General Register of Deeds

		$
1	For each registration, or renewal or vacation of registration, of any writ, order or legal proceeding made under Division 2 of Part 23 of the Act	20.00
2	For each registration of a crop or wool lien or a stock mortgage, or any other instrument relating to such liens or mortgages, made under the Liens on Crops and Wool and Stock Mortgages Act 1898	20.00
3	For each registration of a bill of sale, or any other instrument relating to a bill of sale, made under the Bills of Sale Act 1898	20.00
4	For removal of a caveat in relation to a bill of sale	20.00
5	For registration under Division 5 of Part 6 of the Act of a memorandum containing provisions that are capable of being covenants that may be included in a bill of sale, crop or wool lien or stock mortgage	20.00
6	For recording or registering any instrument not otherwise provided for in this Schedule	64.00
7	On request for preparation of a registration copy of an instrument or part of an instrument	4.00 for up to 4 pages, and then 4.00 for each additional 4 pages or part of that number
	In addition, for preparation of the copy	Such reasonable fee (determined by the Registrar-General) as is warranted by the work involved
Copies
8	For supplying a copy of a document or part of a document available from the Document Copy Service (other than a certified copy, a copy supplied in response to a telephone request or a copy relating to land the subject of a community, precinct or neighbourhood plan under the Community Land Development Act 1989)	4.00
9	For supplying a copy, available from the Document Copy Service:
	(a)  of a community, precinct or neighbourhood plan under the Community Land Development Act 1989	4.00
	(b)  of a management statement relating to such a plan	4.00
	(c)  of a development contract relating to such a plan	4.00
	(d)  of an annexure to such a plan, statement or contract	4.00
10	On lodgment of an application for a certified copy of a document or part of a document in the custody of the Registrar-General	64.00
	In addition, if a copy is prepared by a photocopying process	Such reasonable fee (determined by the Registrar-General) as is warranted by the work involved in preparing the copy
11	In the case of a requisition for a copy available from the Document Copy Service that, in the opinion of the Registrar-General, is a request for a copy 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 providing the copy
12	On lodgment of an application for a copy of a document in the custody of the Registrar-General, other than a certified copy or a copy available from the Document Copy Service	Such reasonable fee (determined by the Registrar-General) as is warranted by the work involved in preparing the copy
13	For supplying a copy (other than a certified copy) of a document in response to a telephone or facsimile request	22.00
	In addition, for a copy of each additional document required	4.00
Official searches (General Register of Deeds)
14	On requisition for a search, or the continuation of a search, from the date of the prior certificate of result of the search (including the office copy certificate of the result of a search or the continuation of the search)	64.00
	In addition, for each half-hour or part of a half-hour occupied in the search or continuation of the search after the first hour	32.00
15	On request for a copy of an official search	64.00
Search for writs, orders or legal proceedings
16	For a search against each name (other than a search in response to a telephone request)	4.00
17	For a search in response to a telephone request, in respect of a search for 1 or 2 names	22.00
	In addition, for a search of each additional name in excess of 2	4.00
Plans
18	On lodgment for registration or recording of a plan, other than a plan prepared solely for the purpose of placing survey information on public record	625.00
	In addition, for each hour or part of an hour in excess of the first 4 hours occupied in the examination of the plan	64.00
	In the case of land the subject of a community, precinct or neighbourhood plan under the Community Land Development Act 1989:
	(a)  for each additional sheet in excess of 4	64.00
	(b)  for the management statement accompanying the community, precinct or neighbourhood plan, including any associated plans or sketches	128.00
	(c)  for any development contract accompanying the community, precinct or neighbourhood plan	128.00
	In addition, for each lot, allotment or portion shown or separately defined on the plan	64.00
	And, if the plan is accompanied by a section 88B instrument in which only 1 easement, restriction on the use of land, positive covenant or profit à prendre is to be created, irrespective of the number of lots burdened or benefited, an additional	64.00
	And, if the plan is accompanied by a section 88B instrument in which the combined number of easements, restrictions on the use of land, positive covenants or profits à prendre to be created is 2 or more, an additional	128.00
	And, if the plan is accompanied by a section 88B instrument in which only 1 easement or profit à prendre is to be released, irrespective of the number of lots burdened or benefited, an additional	64.00
	And, if the plan is accompanied by a section 88B instrument in which the number of easements or profits à prendre to be released is 2 or more, an additional	128.00
	And, if the plan is accompanied by a building management statement, an additional	64.00
	And, 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, an additional	15.00
	And, 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, an additional	15.00
19	On lodgment of an additional or replacement sheet in conjunction with an application to amend a registered community, precinct or neighbourhood plan under the Community Land Development Act 1989	64.00
20	For recording a plan prepared solely for the purpose of placing survey information on public record	64.00
21	For examining a plan if survey information has been added to an original compiled plan as a result of a requisition	64.00
22	For pre-examination of a plan	687.50
	In addition, for each hour or part of an hour in excess of the first 4 hours occupied in the examination of the plan	70.40
23	For preparation and supply of a plan	106.00
	In addition, for each hour or part of an hour in excess of the first hour occupied in the preparation of the plan	64.00
24	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
25	On lodgment of a substituted plan or any sheet of such a plan or an additional sheet of a plan	64.00
26	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
27	On lodgment of an application to amend a plan	64.00
	In addition, 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	64.00
	(b)  for each subsequent grant, certificate or folio	10.00
28	On lodgment of an application for an order terminating a neighbourhood scheme under section 72 of the Community Land Development Act 1989	64.00
	In addition, for each hour or part of an hour occupied in examining the application	106.00
Miscellaneous
29	For furnishing a certificate of ownership (Local Government Act 1993—section 700 (2) or Environmental Planning and Assessment Act 1979—section 151 (2))	32.00
30	On depositing a document or documents pursuant to section 64 of the Act	22.00
	In addition, for each document in excess of 4	3.30
31	On application for return of a document or documents deposited pursuant to section 64 of the Act	22.00
	In addition, for each document in excess of 4	3.30
32	For inspection of a packet containing a document or documents deposited pursuant to section 64 of the Act	22.00
33	For production of documents at the Office of State Revenue	20.00
34	On request for entry of a marginal note evidencing a discrepancy between an original instrument and a registered copy of the instrument	64.00

sch 6: Subst 25.6.1999; 2.6.2000; 29.6.2001; 15.11.2002; 27.6.2003.