Transfer of Land (Fees) Regulations 2016

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 003 Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 Authorised Version incorporating amendments as at 1 July 2018 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 1 5 Definitions 1 6 Prescribed fees—Schedule 1 3 7 Miscellaneous fees and amounts 3 Schedule 1—Prescribed fees 4 ═══════════════ Endnotes 16 1 General information 16 2 Table of Amendments 18 3 Amendments Not in Operation 19 4 Explanatory details 20 Authorised by the Chief Parliamentary Counsel Regulation Page ii Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 003 Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 Authorised Version incorporating amendments as at 1 July 2018 1 Objective The objective of these Regulations is to prescribe fees, charges, expenses and other amounts payable under the Transfer of Land Act 1958. 2 Authorising provisions These Regulations are made under section 120 of the Transfer of Land Act 1958. 3 Commencement These Regulations come into operation on 1 July 2016. 4 Revocation The Transfer of Land (Fees) Interim Regulations 20151 are revoked. 5 Definitions In these Regulations— final search statement means a statement of instruments lodged for registration or recording within 125 days prior to the date of the statement; folio history search statement means a statement of the record of dealings in respect of a folio of the Register; Authorised by the Chief Parliamentary Counsel Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 2 folio search statement means a statement which states— (a) the registered proprietor of the land; and (b) any administrative notices and encumbrances affecting the land; and (c) a description of the land by graphical and textual information; in person search means access to land registration information of the Office of Titles ordered from and supplied in person by Office of Titles' staff to a person who attends the Office of Titles; information broker search means access to land registration information of the Office of Titles ordered from and supplied online by an information broker granted a licence to access and make available land registration information to its customers; instrument search means a copy of an instrument; online search means access to land registration information of the Office of Titles ordered from and supplied online to a person other than by licence or agreement; plan search means a copy of a document that provides a description of land by graphical and textual information; registry information supply means access to land registration information of the Office of Titles supplied to a person for the purpose of creating an instrument for lodgment in an electronic lodgment network; Authorised by the Chief Parliamentary Counsel Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 3 regular online search means access to land registration information of the Office of Titles ordered from and supplied online to a person by agreement; the Act means Transfer of Land Act 1958. 6 Prescribed fees—Schedule 1 For the purposes of a section of the Act specified in Column 2 of Schedule 1, the prescribed fee is the amount specified in Column 4 of Schedule 1 opposite the description of that section specified in Column 3 of Schedule 1. 7 Miscellaneous fees and amounts (1) The prescribed fee for lodgment with the Registrar of an instrument or application for which a fee is not specified in these Regulations or in any other Act or Regulation is 6·65 fee units. (2) The prescribed fee for lodgment with the Registrar of an application under the Religious and Successory Trusts Act 1958 is 6·65 fee units. Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 4 Schedule 1—Prescribed fees Regulation 6 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 1 14(1) Making of an application to the Registrar to bring land under the Act not based on survey 6·65 fee units 2 15(1) Making of an application to the Registrar to bring land under the Act based on survey or any other document describing the land 6·65 fee units 3 15(2)(a) Making of an application to the Registrar to accept documentation describing the land, other than a survey, for an application under item 2 6·65 fee units 4 22(1) Lodgment with the Registrar of a specified dealing (excluding a transfer of the freehold) 6·65 fee units 5 22(1) Lodgment with the Registrar of a specified dealing being a transfer of the freehold The sum of 6·65 fee units plus $2.34 per whole $1000 of consideration (or if there is more than one consideration, the highest one), that sum being rounded up to the next higher whole dollar, the total fee not to exceed the sum of $3510 plus 6·65 fee units 6 23(1) Making of an application to the Registrar to bring land under the Act by the creation of a provisional folio 6·65 fee units Sch. 1 amended by S.R. Nos 27/2017 reg. 4, 68/2018 reg. 4. Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 5 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 7 26D(1) Making of an application to the Registrar to give notice for the deletion of a warning as to subsisting interests from a provisional folio 13·30 fee units 8 26F(1) Lodgment with the Registrar of a notice claiming an interest in land in an identified folio 3·32 fee units 9 26N(1) Making of an application to the Registrar to give notice to a person claiming an interest recorded on an identified folio 13·30 fee units 10 26P(1) Making of an application to the Registrar to remove a warning as to title dimensions from a provisional folio 41·88 fee units 11 26R(1) Lodgment with the Registrar of a caveat against creation of a folio or removal of a warning, or withdrawal of a caveat 3·32 fee units 11A 27A(5) Making of an application to the Registrar to change the name of a proprietor on a folio of the Register 2·71 fee units * * * * * 13 27D(1) Making of an application to the Registrar to certify a folio search statement or a folio history search statement $10.00 14 27G(3) Making of an application to the Registrar for a plan search (a) information broker search (b) regular online search (c) online search (d) in person search $5.70 $8.41 $6.73 1·22 fee units 15 27G(7) Making of an application to the Registrar to certify a plan search $10.00 Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 6 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 16 28(1) Lodgment with the Registrar of a Crown grant or a Crown lease 6·65 fee units 17 31(1) Making of an application to the Registrar to replace a certificate of title lost, destroyed or obliterated 13·30 fee units 18 32(1) Making of an application to the Registrar to produce a new folio of the Register 6·65 fee units 19 45(1) Lodgment with the Registrar of a transfer in which the consideration is monetary (excluding a creation or surrender of an easement and a transfer of mortgage)— (a) lodged in paper The sum of 6·65 fee units plus $2.34 per whole $1000 of consideration (or if there is more than one consideration, the highest one), that sum being rounded up to the next higher whole dollar, the total fee not to exceed the sum of $3510, plus 6·65 fee units (b) lodged electronically The sum of 6·04 fee units plus $2.34 per whole $1000 of consideration (or if there is more than one consideration, the highest Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 7 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts one), that sum being rounded up to the next higher whole dollar, the total fee not to exceed the sum of $3510, plus 6·04 fee units 20 45(1) Lodgment with the Registrar of a transfer in which the consideration is non-monetary (excluding a creation or surrender of an easement and a transfer of a mortgage)— (a) lodged in paper (b) lodged electronically 6·65 fee units 6·04 fee units 21 45(1) Lodgment with the Registrar of a creation or surrender of an easement in which the consideration is monetary The sum of 41·88 fee units plus $2.34 per whole $1000 of consideration (or if there is more than one consideration, the highest one), that sum being rounded up to the next higher whole dollar, the total fee not to exceed $3510 plus 6·65 fee units 22 45(1) Lodgment with the Registrar of the creation or surrender of an easement in which the consideration is non monetary 41·88 fee units Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 8 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 23 45(1) Lodgment with the Registrar of a transfer of a mortgage— (a) lodged in paper (b) lodged electronically 3·32 fee units 2·71 fee units 24 47 Making of an application to the Registrar for a vesting order for a completed purchase 13·30 fee units 25 49(1) Making of an application to the Registrar by legal personal representative to be registered as proprietor— (a) lodged in paper (b) lodged electronically 3·32 fee units 2·71 fee units 26 50 Making of an application to the Registrar by surviving joint proprietor to be registered as proprietor— (a) lodged in paper (b) lodged electronically 3·32 fee units 2·71 fee units 27 51(1) Making of an application to the Registrar by trustee in bankruptcy to be registered as proprietor 3·32 fee units 28 52(2) Making of an application to the Registrar to record a judgment, decree, order or process of execution of a court 13·30 fee units 29 52(6) Making of an application to the Registrar to record the satisfaction of any judgment, decree, order or process of execution 6·65 fee units 29A 52(6A) Making of an application to the Registrar by a judgment creditor to remove the recording of a judgment, decree, order or process of execution 6·65 fee units 30 54 Making of an application by an acquiring authority for creation of a folio of the Register 6·65 fee units Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 9 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 31 57(1) Making of an application to the Registrar to record notice of intention to acquire land compulsorily, or withdrawal of such notice 3·32 fee units 32 58(1) Making of an application to the Registrar by a trustee or beneficiary for a vesting order or to record a vesting order 13·30 fee units 33 59(2) Making of an application to the Registrar to record a disposition 13·30 fee units 34 59A(1) Making of an application to the Registrar to register a successor in law 13·30 fee units 35 60(1) Making of an application to the Registrar for a vesting order based on title by possession to land 41·88 fee units 36 60(1) Making of an application to the Registrar to accept documentation describing the land other than a survey for an application under item 35 6·65 fee units 37 61(1) Lodgment with the Registrar of a caveat forbidding making of a vesting order under section 60, or withdrawal of such caveat 3·32 fee units 38 66(1) Lodgment with the Registrar of a lease 6·65 fee units 39 67A(1) Lodgment with the Registrar of a variation of lease 6·65 fee units 40 68(1) Making of an application to the Registrar to record a disclaimer of lease by the trustee in bankruptcy 6·65 fee units 41 69(1) Lodgment with the Registrar of a surrender of lease 3·32 fee units 42 70 Making of an application to the Registrar to record a determination of lease 13·30 fee units 43 71(1) Lodgment with the Registrar of a sub-lease 3·32 fee units Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 10 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 44 72(2) Making of an application to the Registrar to record an easement 41·88 fee units 45 73(1) Making of an application to the Registrar to delete an easement 41·88 fee units 46 73(4) Lodgment with the Registrar of a caveat forbidding the deletion of an easement, or withdrawal of such caveat 3·32 fee units 47 74(1) Lodgment with the Registrar of a mortgage or annuity— (a) lodged in paper (b) lodged electronically 8·08 fee units 7·48 fee units 48 75A(1) Lodgment with the Registrar of a variation of mortgage or annuity— (a) lodged in paper (b) lodged electronically 3·32 fee units 2·71 fee units 49 75B(1) Lodgment with the Registrar of a variation of priority of mortgage or annuity— (a) lodged in paper (b) lodged electronically 6·65 fee units 6·04 fee units 50 79(1) Making of an application to the Registrar for order for foreclosure 13·30 fee units 51 84(1) Lodgment with the Registrar of a discharge of mortgage or annuity— (a) lodged in paper (b) lodged electronically 8·08 fee units 7·48 fee units 52 84(2) Making of an application to the Registrar to record a discharge of mortgage on proof of payment or expiration of limitation period 13·30 fee units 53 84(3) Making of an application to the Registrar to record a satisfaction of annuity 13·30 fee units Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 11 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 54 85(1) Making of an application to the Registrar to record a discharge of mortgage on production of a receipt of the Treasurer 3·32 fee units 55 88(1) Making of an application to the Registrar to record a creation, variation or removal of a restrictive covenant 13·30 fee units 56 88(2) Making of an application to the Registrar to record an acquisition of an easement 41·88 fee units 57 88(2) Making of an application to the Registrar to record an acquisition of a right 6·65 fee units 58 88A(1) Making of an application to the Registrar to remove a lease, remove a variation of a lease or reinstate a lease 3·32 fee units 59 88B(1) Making of an application to the Registrar to remove an easement or restrictive covenant, or remove a variation of an easement or restrictive covenant 13·30 fee units 60 89(1) Lodgment with the Registrar of a caveat forbidding dealings with land, or withdrawal of such caveat— (a) lodged in paper (b) lodged electronically 3·32 fee units 2·71 fee units 61 89A(1) Making of an application to the Registrar for service of a notice (for each caveat affected)— (a) lodged in paper (b) lodged electronically 13·30 fee units 12·69 fee units 62 91A(1) Lodgment with the Registrar of a memorandum of common provisions 6·65 fee units 63 91D(1) Lodgment with the Registrar of a priority notice 2·05 fee units Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 12 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 63A 91FA(1) Making of an application to the Registrar for an extension of a priority notice 2·05 fee units 64 91G(2) Lodgment with the Registrar of a withdrawal of a priority notice 2·05 fee units 65 98A(2) Making of an application to the Registrar to include shares or other like interests in a stratum estate 3·32 fee units 66 98C(1) Lodgment with the Registrar of a service agreement for a stratum estate 3·32 fee units 67 98C(2) Lodgment with the Registrar of a cancelation or variation of a service agreement for a stratum estate 3·32 fee units 68 98CA(1) Making of an application to the Registrar to cancel a plan of building subdivision and register a new plan of subdivision For each parcel created 6·65 fee units per parcel 12·95 fee units 69 99(1) Making of an application to the Registrar to amend boundaries, area or position of land in a folio of the Register 41·88 fee units 70 100 Lodgment with the Registrar of a caveat forbidding granting of an application under section 99 of the Act, or withdrawal of such caveat 3·32 fee units 71 103(1) Making of an application to the Registrar to amend a folio of the Register pursuant to an order of a court 6·65 fee units 72 103(1AA) Making of an application to the Registrar to amend a folio of the Register pursuant to an order of VCAT 6·65 fee units 73 103(2) Making of an application to the Registrar to correct a folio of the Register as to description of the land 41·88 fee units Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 13 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 74 103(2) Making of an application to the Registrar to correct a folio of the Register (other than as to description of the land) 6·65 fee units 75 103(2) Making of an application to the Registrar to correct a plan of subdivision 6·65 fee units 76 106(1)(c) Making of an application to the Registrar to remove an encumbrance 6·65 fee units 76A 106B(1) Making of an application to the Registrar to record notice of a statutory charge 2·71 fee units 76B 106B(2) Making of an application to the Registrar to remove or delete notice of a statutory charge 2·71 fee units 77 113(5) Making of an application to the Registrar to amend the address for service of notice of a registered proprietor 2·05 fee units 78 113(6) Making of an application to the Registrar to amend the address for service of notice of a caveator 2·05 fee units 79 113(6A) Making of an application to the Registrar to amend the address for service of notice of a person who lodged a notice under section 26F(1) of the Act 2·05 fee units 80 114(1) Making of an application to the Registrar for a folio search statement— (a) information broker search (b) regular online search (c) online search (d) in person search $5.76 $8.47 $7.08 1·22 fee units Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 14 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 80A 114(1) Making of an application to the Registrar for a folio history search statement (a) information broker search (b) regular online search (c) online search (d) in person search $9.71 1·10 fee units $12.09 2·31 fee units 81 114(1) Making of an application to the Registrar for a registry information supply $5.76 82 114(1) Making of an application to the Registrar for an instrument search— (a) information broker search (b) regular online search (c) online search (d) in person search $3.95 $6.66 $4.99 1·09 fee units 83 114(1) Making of an application to the Registrar for a final search statement— (a) information broker search (b) regular online search (c) online search (d) in person search $2.83 $5.55 $3.87 1·01 fee units 84 114(2) Making of an application to the Registrar to certify a folio search statement $10.00 85 114(2) Making of an application to the Registrar to certify an instrument search $10.00 86 116(1) Making of an application to the Registrar for a statement of grounds for a Registrar's refusal of an application 13·30 fee units 87 121(2)(c) Making of an application to the Registrar for a licence to print and sell an approved form 6·65 fee units Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed fees Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 15 Column 1 Item Column 2 Section of Act Column 3 Description Column 4 Fees and amounts 88 121(4) Making of an application to the Registrar for the approval of a form and a licence to print and sell the approved form 6·65 fee units 89 121(7) Making of an application to the Registrar for approval of a form for use by that person 6·65 fee units 90 121(10) Making of an application to the Registrar to use an instrument not in an approved form 3·32 fee units ═══════════════ Authorised by the Chief Parliamentary Counsel Endnotes Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 16 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The Transfer of Land (Fees) Regulations 2016, S.R. No. 29/2016 were made on 19 April 2016 by the Governor in Council under section 120 of the Transfer of Land Act 1958, No. 6399/1958 and came into operation on 1 July 2016: regulation 3. The Transfer of Land (Fees) Regulations 2016 will sunset 10 years after the day of making on 19 April 2026 (see section 5 of the Subordinate Legislation Act 1994). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B). http://www.legislation.vic.gov.au/ Authorised by the Chief Parliamentary Counsel Endnotes Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 17 • Examples, diagrams or notes All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A). • Punctuation All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B). • Provision numbers All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel Endnotes Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 18 2 Table of Amendments This publication incorporates amendments made to the Transfer of Land (Fees) Regulations 2016 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Transfer of Land (Fees) Amendment Regulations 2017, S.R. No. 27/2017 Date of Making: 9.5.17 Date of Commencement: 1.7.17: reg. 3 Transfer of Land (Fees) Amendment Regulations 2018, S.R. No. 68/2018 Date of Making: 29.5.18 Date of Commencement: 1.7.18: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel Endnotes Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 19 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel Endnotes Transfer of Land (Fees) Regulations 2016 S.R. No. 29/2016 20 4 Explanatory details 1 Reg. 4: S.R. No. 104/2015.