Transfer of Land Act 1893
Transfer of Land Regulations 2004
Reprint 5: The regulations as at 19 January 2018
Guide for using this reprint
What the reprint includes
Regulations as published legislative amendments changes under the this reprint
Reprints Act 1984
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
Transfer of Land Regulations 2004
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — General
3A.Immaterial differences between counterparts (Act s. 4(1CA)(b)(v))2
3.Paper documents for lodgment, requirements for3
4.Certificates of title for land in existing certificate3
5.New certificate of title if old one too full for further endorsement4
8.Area prescribed (Act s. 129C(1a))4
Part 3A — Provisions relating to Electronic Conveyancing Act 2014
Division 1 — Certain registry instruments must be lodged by means of an ELN
8A.Terms used6
8B.Registry instruments to which this Division applies6
8C.Certain registry instruments must be lodged by means of an ELN6
8D.Where party to transaction is self‑represented7
8E.Where 2 or more registry instruments lodged simultaneously8
8F.Registrar’s power to exempt8
8G.When r. 8C(1) commences to apply to lodging certain registry instruments9
Division 2 — General requirements
9AA.Requirements relating to electronic lodgment of mortgages9
9AB.Duplicate certificates of title where documents lodged electronically10
Part 3B — Provisions relating to electronic service
9AC.Electronic service of notices12
Part 3 — Fees and forms
9A.Fees (Sch. 1)13
Part 4 — Inspection of Register
Division 1 — Times for inspection of Register and related documents
10.Times for inspection prescribed (Act s. 239(1))15
Division 2 — Names index
11.Terms used15
12.Names index prescribed (Act s. 239(1)(k))16
13.Application for information in names index to be excluded from inspections16
14.Suppressed information, provision of to government organisations17
15.Suppressed information, provision of to others18
Schedule 1 — Fees
Division 1 — Registrations and recordings
Division 2 — Lodgments
Division 3 — Withdrawals
Division 4 — Applications
Division 5 — Certificates
Division 6 — Inspection and/or copies of documents
Division 7 — Miscellaneous
Schedule 2 — Services and matters for which fees cannot be charged
Notes
Compilation table31
Defined terms
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Western Australia
Transfer of Land Act 1893
Transfer of Land Regulations 2004
[Heading inserted in Gazette 22 May 2009 p. 1700.]
These regulations may be cited as the Transfer of Land Regulations 2004 1.
These regulations come into operation on 6 September 2004.
[Heading inserted in Gazette 22 May 2009 p. 1701.]
3A.Immaterial differences between counterparts (Act s. 4(1CA)(b)(v))
For the purposes of section 4(1CA)(b)(v) of the Act, the following are prescribed —
(a)any certification given in accordance with the participation rules;
(b)any certification or statement required under —
(i)these regulations; or
(ii)any requirement determined under section 182A of the Act;
(c)any certification or statement required by the Commissioner or the Registrar or an approved form;
(d)any data or information of an administrative nature and that —
(i)is required by an approved form; or
(ii)is required for the purposes of lodging a document electronically; or
(iii)is included in or on a document as part of the lodgment process, or in connection with processing, registering, noting, filing or recording the document or any other document;
(e)headings to a document or part of a document;
(f)any identifier allocated to a document, for example a form number or approval number;
(g)abbreviations of terms;
(h)the formatting of a document, including (without limitation) —
(i)the capitalisation of words;
(ii)the numbering of provisions;
(iii)page numbering;
(iv)the presence or absence of lines, boxes and other similar typographical devices;
(i)a logo or other similar material that identifies a document with a particular person or organisation;
(j)information or data that consists of instructions or notes to assist in the completion of a document.
[Regulation 3A inserted in Gazette 30 May 2014 p. 1684.]
3.Paper documents for lodgment, requirements for
(1)Each document presented in paper medium for lodgment with the Registrar or registration or entry in the Register —
(a)is to be prepared on paper of a type and quality approved by the Registrar; and
(b)is to be clearly and legibly handwritten in ink, printed, or typewritten; and
(c)is to have the signature of any party to the document, and that of any witness to such signature, written in ink; and
(d)consisting of more than one page is to be bound in a manner approved by the Registrar; and
(e)on an approved form is to show the Registrar’s approval number for the form at the top of the first page.
[(2)deleted]
[Regulation 3 amended in Gazette 29 Dec 2006 p. 5915; 30 May 2014 p. 1685.]
4.Certificates of title for land in existing certificate
Where an application is made for a certificate of title for the whole or part of the land the subject of any existing certificate or certificates of title the Registrar may, if the Registrar thinks fit, instead of creating the certificate of title so applied for, create and register a certificate of title for each lot or location or for any number of lots or locations included in that land.
5.New certificate of title if old one too full for further endorsement
If the Registrar is satisfied that a certificate of title in paper medium is too full for further endorsement then the Registrar may create and register a new certificate of title.
[5A.Deleted in Gazette 22 Mar 2016 p. 835.]
[6, 7.Deleted in Gazette 22 May 2009 p. 1701.]
8.Area prescribed (Act s. 129C(1a))
(1)In this regulation —
benefited lot means a lot that is benefited by —
(a)the single dwelling covenant the subject of the application; or
(b)any other single dwelling covenant;
circle means a notional circle that has its centre at the centre of the lot the subject of the application;
lot and single dwelling covenant have the same meanings as in section 129C of the Act.
(2)If there are 200 or more benefited lots inside a circle with a radius of 250 m, the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within that circle.
(3)If there are —
(a)less than 200 benefited lots within a circle with a radius of 250 m; and
(b)no benefited lots in the area between that circle and a circle with a radius of 230 m,
the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within the circle with a radius of 250 m.
(4)If subregulation (3) does not apply and there are 200 or more benefited lots inside a circle with a radius of 260 m, the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within that circle.
(5)If there are —
(a)less than 200 benefited lots within a circle with a radius of 260 m; and
(b)no benefited lots in the area between that circle and a circle with a radius of 240 m,
the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within a circle with a radius of 260 m.
(6)If none of subregulations (2), (3), (4) and (5) apply, the prescribed area for the purposes of section 129C(1a)(a)(i) of the Act is the area within a circle with a radius of 270 m.
(7)For the purposes of this regulation —
(a)the position of the centre and boundary of a circle is to be determined by a licensed surveyor (as defined in the Licensed Surveyors Act 1909 section 3(1)) who holds a current practising certificate under that Act; and
(b)a lot is inside a circle if any part of the lot is inside the circle.
Part 3A — Provisions relating to Electronic Conveyancing Act 2014
[Heading inserted in Gazette 30 May 2014 p. 1685.]
Division 1 — Certain registry instruments must be lodged by means of an ELN
[Heading inserted in Gazette 24 Nov 2017 p. 5680.]
(1)In this Division —
ELN means an ELN provided and operated under the Electronic Conveyancing Act 2014.
(2)If a term is given a meaning in the Electronic Conveyancing Act 2014, it has the same meaning in this Division unless the contrary intention appears in this Division.
[Regulation 8A inserted in Gazette 24 Nov 2017 p. 5680.]
8B.Registry instruments to which this Division applies
This Division applies to a registry instrument that may be lodged under the Act for the purpose of —
(a)mortgaging an estate or interest in land or discharging the mortgage of an estate or interest in land; or
(b)transferring an estate or interest in land; or
(c)getting a caveat noted or its noting withdrawn.
[Regulation 8B inserted in Gazette 24 Nov 2017 p. 5680.]
8C.Certain registry instruments must be lodged by means of an ELN
(1)If a registry instrument can be lodged by means of an ELN, it must not be lodged otherwise than by means of an ELN.
(2)For the purposes of subregulation (1), a registry instrument can be lodged by means of an ELN if —
(a)the instrument can be lodged electronically under the Act, the Electronic Conveyancing Act 2014 and these regulations; and
(b)the ELN provides for the lodgment of that type of registry instrument.
(3)A failure to comply with subregulation (1) does not affect the validity of any registration, noting or withdrawal of noting under the Act.
(4)Subregulation (1) has effect subject to the rest of this Division.
[Regulation 8C inserted in Gazette 24 Nov 2017 p. 5680.]
8D.Where party to transaction is self‑represented
(1)Subject to subregulation (3), regulation 8C(1) does not apply to a registry instrument if a person required to sign the instrument is self‑represented and not a subscriber.
(2)A person is self‑represented, in relation to a registry instrument, if the person has not engaged another person, on a commercial basis, to assist in the completion of the conveyancing transaction for the purposes of which the instrument may be lodged.
(3)If the purpose for which a registry instrument may be lodged is the mortgaging of an estate or interest in land or the discharging of the mortgage of an estate or interest in land, subregulation (1) has effect without reference to the mortgagor.
(4)A person cannot use the exception in subregulation (1) in relation to more than 10 registry instruments in a 12 month period.
(5)A person uses the exception in subregulation (1) if they lodge, or a person on their behalf lodges, a registry instrument, other than by means of an ELN, in reliance on subregulation (1).
[Regulation 8D inserted in Gazette 24 Nov 2017 p. 5680-1.]
8E.Where 2 or more registry instruments lodged simultaneously
Regulation 8C(1) does not apply to a registry instrument if —
(a)the instrument is 1 of 2 or more registry instruments that are lodged at the same time; and
(b)the Registrar is satisfied that the instruments are related; and
(c)either —
(i)there is no ELN by means of which all of the instruments may be lodged; or
(ii)regulation 8C(1) does not apply to at least 1 of the instruments because of another provision of this Division.
[Regulation 8E inserted in Gazette 24 Nov 2017 p. 5681.]
8F.Registrar’s power to exempt
(1)The Registrar may exempt a person or a class of person from complying with regulation 8C(1) if satisfied that —
(a)it is in the public interest to do so; and
(b)not to do so would result in 1 or more persons suffering hardship, undue inconvenience or undue expense.
(2)The Registrar may grant an exemption by reference to a registry instrument or conveyancing transaction, a class of registry instrument or conveyancing transaction, all registry instruments or conveyancing transactions, or on some other basis.
[Regulation 8F inserted in Gazette 24 Nov 2017 p. 5681‑2.]
8G.When r. 8C(1) commences to apply to lodging certain registry instruments
(1)Regulation 8C(1) does not apply —
(a)to lodging a registry instrument before the effective date for the instrument; or
(b)to lodging a registry instrument if the instrument is signed, by at least 1 of the persons required to sign it, before the effective date for the instrument.
(2)The effective date for a registry instrument is —
(a)for an instrument that may be lodged for the purpose of mortgaging an estate or interest in land or discharging the mortgage of an estate or interest in land — 1 December 2017;
(b)for an instrument that may be lodged for the purpose of transferring an estate or interest in land or getting a caveat noted or its noting withdrawn — 1 May 2018.
[Regulation 8G inserted in Gazette 24 Nov 2017 p. 5682.]
Division 2 — General requirements
[Heading inserted in Gazette 24 Nov 2017 p. 5682.]
9AA.Requirements relating to electronic lodgment of mortgages
An instrument for the registration of a mortgage over land can be lodged electronically under the Electronic Conveyancing Act 2014 section 7(1) only if —
(a)the instrument —
(i)is a counterpart, in electronic form, of the instrument purporting to mortgage the land; and
(ii)purports to be digitally signed by or on behalf of the person who, on registration of the mortgage, will become the proprietor of the mortgage; and
(iii)does not purport to be signed by or on behalf of the proprietor of the land;
and
(b)the subscriber who digitally signs the instrument provides the specific certification required by the participation rules in relation to the lodging of an instrument for the registration of a mortgage over land; and
(c)the instrument to be lodged otherwise complies with —
(i)the requirements of the Act and these regulations; and
(ii)any requirements determined under section 182A of the Act; and
(iii)the requirements of the Electronic Conveyancing Act 2014 and the participation rules;
and
(d)any requirement mentioned in paragraph (c)(i) to (iii) that relates to the lodging of the instrument is complied with.
[Regulation 9AA inserted in Gazette 30 May 2014 p. 1685.]
9AB.Duplicate certificates of title where documents lodged electronically
(1)This regulation applies if —
(a)a document can be lodged electronically under the Electronic Conveyancing Act 2014 section 7(1); and
(b)in connection with the lodging of that document, the Act would otherwise require a duplicate certificate of title to be produced, presented or delivered up to the Registrar or to be brought in or lodged.
(2)If this regulation applies —
(a)the requirement to produce, present or deliver up to the Registrar, or to bring in or lodge, the duplicate certificate of title in connection with the lodging of the document is dispensed with; and
(b)instead, the subscriber who digitally signs the document to be lodged electronically —
(i)must have obtained possession of the duplicate certificate of title; and
(ii)must have destroyed or invalidated the duplicate certificate of title; and
(iii)must provide a certification, in accordance with the participation rules, that the duplicate certificate of title has been destroyed or invalidated.
[Regulation 9AB inserted in Gazette 30 May 2014 p. 1686.]
Part 3B — Provisions relating to electronic service
[Heading inserted in Gazette 22 Mar 2016 p. 835.]
9AC.Electronic service of notices
(1)For the purposes of section 240(1)(d) of the Act, where a person has specified in a caveat or an approved form that notices under this Act may be served on the person by sending the notice to an email address specified by the person, service is effected by sending the notice to that email address.
(2)For the purposes of section 240(3)(c) of the Act, service of a notice that is sent by or on behalf of the Registrar or the Commissioner under subregulation (1) is deemed to be effected 24 hours after the notice is sent, unless within that 24 hour period the sender receives a notice of failure of delivery of the email.
(3)Where the Commissioner or Registrar attempts to serve a notice by sending it to an email address but receives a notice of failure of delivery of the email, the Commissioner or Registrar may direct that the notice be resent to the email address or served on the person by any other means specified in section 240(1) of the Act.
[Regulation 9AC inserted in Gazette 22 Mar 2016 p. 835-6]
[Heading inserted in Gazette 22 May 2009 p. 1701.]
(1)The fee for the registration or recording of an instrument, order or other document of a kind mentioned in an item of Schedule 1 Division 1 is the fee specified in that item in relation to that instrument, order or other document.
(2)The fee for the lodgment of a duplicate certificate of title, instrument, plan or other document of a kind mentioned in an item of Schedule 1 Division 2 is the fee specified in that item in relation to that duplicate certificate of title, instrument, plan or other document.
(3)The fee for the withdrawal of a document —
(a)of a kind mentioned in Schedule 1 Division 3 item 1 is the fee specified in that item;
(b)from registration or recording is the fee specified in Schedule 1 Division 3 item 2.
(4)The fee for an application of a kind mentioned in an item of Schedule 1 Division 4 is the fee specified in that item in relation to that application.
(5)The fee for —
(a)the issue of a certificate of title under Schedule 1 Division 5 item 1 is the fee specified in that item;
(b)a certificate of a kind mentioned in Schedule 1 Division 5 item 2 is the fee specified in that item;
(c)a certification under Schedule 1 Division 5 item 3 is the fee specified in that item;
(d)the issue of a certified and sealed document under Schedule 1 Division 5 item 4 is the fee specified in that item.
(6)The fee for providing a service relating to a search, an inspection or the provision of a copy mentioned in an item of Schedule 1 Division 6 is the fee specified in that item in relation to that search, inspection or provision.
(7)The fee for providing a service or performing a function mentioned in an item of Schedule 1 Division 7 is the fee specified in that item.
(8)Despite subregulations (1) to (7), fees are not to be charged for the provision of a service, performance of a function or other matter specified in Schedule 2.
(9)If the Registrar is satisfied in a particular case that it is appropriate to do so, the Registrar may waive or refund a fee payable under —
(a)Schedule 1 Division 2 item 2; or
(b)Schedule 1 Division 4 item 7 if the matter relates to an application to bring land under the Act; or
[(c)deleted]
(d)Schedule 1 Division 7 item 1 if the matter relates to an application to bring land under the Act; or
(e)Schedule 1 Division 7 item 6.
[Regulation 9A inserted in Gazette 22 May 2009 p. 1701-2; amended in Gazette 22 Jun 2012 p. 2782; 23 Jun 2017 p. 3182.]
[9.Deleted in Gazette 19 Jun 2009 p. 2236.]
Part 4 — Inspection of Register
[Heading inserted in Gazette 22 May 2009 p. 1702.]
Division 1 — Times for inspection of Register and related documents
[Heading inserted in Gazette 22 May 2009 p. 1702.]
10.Times for inspection prescribed (Act s. 239(1))
(1)The inspection times prescribed for the purposes of section 239(1) of the Act are Mondays to Fridays (other than bank holidays or public service holidays) 8.00 a.m. to 4.30 p.m.
(2)Subregulation (1) does not prevent any of the information referred to in section 239(1) of the Act that can be inspected by means of a computer from outside the business premises of the Registrar from being inspected by those means at any time.
[Regulation 10 inserted in Gazette 22 May 2009 p. 1702-3; amended in Gazette 19 Jun 2009 p. 2236.]
[Heading inserted in Gazette 22 May 2009 p. 1703.]
In this Division —
department has the meaning given in the Public Sector Management Act 1994 section 3(1);
names index means information derived from —
(a)the Register as to —
(i)the name of each person who is a proprietor; and
(ii)each interest that a proprietor has;
and
(b)the book referred to in section 143(1) of the Act as to —
(i)the name of each person who is a proprietor; and
(ii)each interest a proprietor has; and
(iii)the name and address of each person appointed to act for a proprietor,
but does not include suppressed information;
organisation has the meaning given in the Public Sector Management Act 1994 section 3(1);
suppressed information means information that is not to be inspected as part of the names index by operation of regulation 13.
[Regulation 11 inserted in Gazette 22 May 2009 p. 1703.]
12.Names index prescribed (Act s. 239(1)(k))
The names index is prescribed for the purposes of section 239(1)(k) of the Act.
[Regulation 12 inserted in Gazette 22 May 2009 p. 1703.]
13.Application for information in names index to be excluded from inspections
(1)A person may apply, in an approved form, for information not to be inspected as part of the names index.
(2)An application is to be accompanied by —
(a)particulars of the information in respect of which the application is made; and
(b)evidence, in a statutory declaration or other manner approved by the Registrar, to the effect that inspection of the information is likely to place at risk the personal safety of a proprietor or a member of the family of a proprietor.
(3)From the time when the Registrar receives an application made under subregulation (1), the information in respect of which the application is made is not to be inspected as part of the names index.
(4)The Registrar may direct that all or part of the information in respect of which an application under subregulation (1) is made may be inspected as part of the names register if the Registrar is not satisfied that inspection of the information is likely to place at risk the personal safety of a proprietor or a member of the family of a proprietor.
(5)The Registrar is to notify the applicant of a decision to make a direction under subregulation (4).
(6)A person who is not satisfied with a decision of the Registrar may apply to the State Administrative Tribunal for a review of the decision.
(7)The Registrar is to direct that all or part of the information in respect of which an application under subregulation (1) is made may be inspected as part of the names index —
(a)on the written request of a person to whom the information relates; and
(b)immediately or at such later time as requested by the person.
[Regulation 13 inserted in Gazette 22 May 2009 p. 1703-4; amended in Gazette 23 Jun 2017 p. 3182.]
14.Suppressed information, provision of to government organisations
(1)The Registrar may provide suppressed information to a department or organisation by arrangement with its chief executive officer or chief employee.
(2)A person who is provided with suppressed information under subregulation (1) must not use or disclose the information except for a purpose relevant to the functions of the department or organisation.
[Regulation 14 inserted in Gazette 22 May 2009 p. 1704.]
15.Suppressed information, provision of to others
(1)The Registrar may, on the request of a person, provide suppressed information to the person for a purpose approved by the Registrar.
(2)The Registrar is not to provide suppressed information to a person unless —
(a)the Registrar is satisfied that the provision of the information is not likely to place at risk the personal safety of a proprietor or a member of the family of a proprietor; and
(b)the person gives an undertaking that the person —
(i)will use the information only for the purpose approved by the Registrar; and
(ii)will not copy the information or give it to any other person; and
(iii)will return the information to the Registrar or destroy the information after using it for the approved purpose.
[Regulation 15 inserted in Gazette 22 May 2009 p. 1704-5.]
[r. 9A(1), (2), (3), (4), (5), (6), (7)]
[Heading inserted in Gazette 9 Jan 2009 p. 30; amended in Gazette 22 May 2009 p. 1705.]
Division 1 — Registrations and recordings
[Heading inserted in Gazette 9 Jan 2009 p. 30.]
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1. |
Of a transfer of a mortgage or charge — |
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first mortgage or charge |
$168.70 |
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subsequent mortgage or charge |
$13.20 |
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2. |
Of a transfer — |
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(a)that is exempt from duty under the Stamp Act 1921 or the Duties Act 2008; or |
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(b)on which nominal duty is chargeable under the Duties Act 2008; or |
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(c)on which duty is chargeable under the Stamp Act 1921 Second Schedule item 6 |
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3. |
Of a transfer of a lease, surrender, easement or restrictive covenant |
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4. |
Of any other transfer where the value of the consideration in respect of the land or the value of the land as assessed under the Stamp Act 1921 or the Duties Act 2008, whichever is the greater — |
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does not exceed $85 000 |
$168.70 |
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exceeds $85 000 but does not exceed $120 000 |
$178.70 |
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exceeds $120 000 but does not exceed $200 000 |
$198.70 |
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plus, for each whole or part of $100 000 above |
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Note:Where — (a)stamp duty is assessed on a parcel of land; and (b)transfers are lodged for parts of that parcel; and (c)a separate value for each part is not allocated in the contract, |
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the fee for registering and recording the first of the transfers lodged for registration is to be assessed under item 4 on the value as assessed under the Stamp Act 1921 or the Duties Act 2008 of the parcel and, subject to proof of the payment of that fee, the fee for registering and recording each of the second and subsequent of the transfers is |
$168.70 |
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Note:The fees specified in items 1 to 4 include the creation and registration of a new certificate of title where such certificate is required by the Registrar. |
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5. |
Of a mortgage or charge or of a whole or partial discharge of a mortgage or charge — for each interest |
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6. |
Of an extension of a mortgage or charge — for each interest |
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7. |
Of a Crown lease or of a freehold lease or sub‑lease or extension of a freehold lease |
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8. |
Of a memorial or notification under any State or Commonwealth Act (unless exempted from payment under that Act) |
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9. |
Of an order of the Supreme Court, the District Court or the |
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10. |
Of revocation of a power of attorney |
$168.70 |
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11. |
Of an instrument not specifically provided for in this Division |
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[Division 1 inserted in Gazette 9 Jan 2009 p. 30-1; amended in Gazette 19 Jun 2009 p. 2236‑7 and 2238‑9; 18 Jun 2010 p. 2679-80; 14 Jun 2011 p. 2133‑4; 19 Jun 2015 p. 2137; 24 Jun 2016 p. 2322; 23 Jun 2017 p. 3183.]
[Heading inserted in Gazette 9 Jan 2009 p. 31.]
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1. |
Of a caveat, a power of attorney or a declaration of trust |
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2. |
Of a deposited plan of Crown land that is not a subdivision — |
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(a)general fee |
$273.00 |
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(b)for each lot |
$72.00 |
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(c)for each sheet in addition to the first sheet |
$273.00 |
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3. |
Of any other deposited plan — |
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(a)general fee |
$273.00 |
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(b)for each lot (including any lot shown on an inset on the plan) other than a lot vesting in the Crown under the Planning and Development Act 2005 section 152 |
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4. |
Of a replacement plan |
$273.00 |
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5. |
Of a duplicate certificate of title or lease for the registration or recording of a dealing lodged by a third party — |
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(a)for the first certificate of title or lease |
$84.35 |
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(b)for each subsequent certificate of title or lease |
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6. |
Of a memorandum within the meaning of section 54(1) of the Act — section 54(2) of the Act |
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7. |
Of a form for the notification of a factor affecting the use or enjoyment of land — section 70A(1) of the Act |
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8. |
Of an instrument for a restrictive covenant created under section 129BA of the Act — section 129BA(2)(b) of the Act |
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9. |
Of an instrument for an easement created under Part IVA of the Act — section 136C(4) of the Act |
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10. |
Of an instrument for a restrictive covenant created under Part IVA of the Act — section 136D(3) of the Act |
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[Division 2 inserted in Gazette 9 Jan 2009 p. 31; amended in Gazette 19 Jun 2009 p. 2237‑8 and 2239; 18 Jun 2010 p. 2680; 14 Jun 2011 p. 2134; 22 Jun 2012 p. 2783; 26 Jul 2013 p. 3348; 19 Jun 2015 p. 2137‑8; 24 Jun 2016 p. 2323; 23 Jun 2017 p. 3183‑4.]
[Heading inserted in Gazette 9 Jan 2009 p. 31.]
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1. |
Of a caveat, order of the Supreme Court, the District Court or the Magistrates Court, a memorial under the Taxation Administration Act 2003 Part 6 Division 2 or a memorial under the Land Tax Assessment Act 1976 section 46 that was registered before that Act was repealed 2, or any other Act or Commonwealth Act (unless exempted from payment under that Act) |
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2A. |
Of a memorial or notification under the Water Services Act 2012 |
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2. |
Of a document from registration or recording |
$84.35 |
[Division 3 inserted in Gazette 9 Jan 2009 p. 31-2; amended in Gazette 19 Jun 2009 p. 2239; 18 Jun 2010 p. 2680; 14 Jun 2011 p. 2134; 14 Nov 2013 p. 5079; 19 Jun 2015 p. 2138; 24 Jun 2016 p. 2323; 23 Jun 2017 p. 3184.]
[Heading inserted in Gazette 9 Jan 2009 p. 32.]
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1. |
For a new certificate of title in respect of undivided shares in land — |
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(a)for one certificate |
$168.70 |
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(b)for each additional certificate |
$6.10 |
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2. |
For a new certificate of title the subject of a deposited plan |
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plus, for each lot shown on the deposited plan, other than a lot that is proposed to be vested in the Crown under the Planning and Development Act 2005 section 152 |
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3. |
For a new certificate of title in any other case |
$168.70 |
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4. |
To amend certificates of title of other owners affected by section 170 of the Act — for each certificate of title affected |
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5. |
To serve a section 138A caveator with notice under section 138B of the Act |
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6. |
For each replacement edition of a duplicate certificate of title where a duplicate certificate of title was issued on the registration of the certificate of title |
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7. |
An application in respect of any matter not specifically provided for in this Division |
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[Division 4 inserted in Gazette 9 Jan 2009 p. 32; amended in Gazette 22 May 2009 p. 1705; 19 Jun 2009 p. 2239; 18 Jun 2010 p. 2680-1; 14 Jun 2011 p. 2134‑5; 19 Jun 2015 p. 2138; 24 Jun 2016 p. 2322 and 2323; 23 Jun 2017 p. 3184.]
[Heading inserted in Gazette 9 Jan 2009 p. 32.]
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1. |
For the issue of a certificate of title, either on request or where necessary in connection with an application or process (except where this service is included in another fee) |
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2. |
For a certificate of ownership issued under the Local Government Act 1995 section 9.41 |
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3. |
For certification by the Registrar of a certificate of title, Crown lease, deposited plan, plan, diagram or other document |
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4. |
For the issue of a certified and sealed document for the purposes of section 239B(1)(b) of the Act |
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[Division 5 inserted in Gazette 9 Jan 2009 p. 32; amended in Gazette 19 Jun 2009 p. 2239; 18 Jun 2010 p. 2681; 14 Jun 2011 p. 2135; 19 Jun 2015 p. 2138; 24 Jun 2016 p. 2323; 23 Jun 2017 p. 3184.]
Division 6 — Inspection and/or copies of documents
[Heading inserted in Gazette 9 Jan 2009 p. 32.]
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1. |
Inspection of a Crown lease, Crown title, permit or licence |
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2. |
Copy of a Crown lease, Crown title, permit or licence |
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3. |
Inspection of a Crown land lease |
$25.30 |
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4. |
Copy of a Crown land lease |
$25.30 |
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5. |
Inspection of a certificate of title — |
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(a)where required as a result of a check search |
$12.65 |
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(b)in other cases |
$25.30 |
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6. |
Copy of a certificate of title — |
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(a)where required as a result of a check search |
$12.65 |
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(b)in other cases |
$25.30 |
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7. |
Inspection of a plan, diagram or deposited plan |
$25.30 |
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8. |
Copy of a plan, diagram or deposited plan |
$25.30 |
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9. |
Inspection of a licensed surveyor’s field book |
$25.30 |
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10. |
Copy of a licensed surveyor’s field book |
$25.30 |
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11. |
Copy of a plan, diagram, deposited plan, survey index plan or licensed surveyor’s field book obtained by use of departmental self‑service equipment |
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12. |
Inspection of the record of dealings and matters referred to in section 48A(2) or 81P of the Act, as is relevant to the case, that were endorsed on previous digital versions of a digital title, but are not endorsed on the current version of that digital title |
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13. |
Inspection of other documents and related information not specifically provided for in this Division, including documents listed as subject to dealing and status reports |
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14. |
Copy of other documents and related information not specifically provided for in this Division, including documents listed as subject to dealing and status reports |
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15. |
Inspection of a survey index plan |
$25.30 |
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16. |
Copy of a survey index plan |
$25.30 |
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17. |
Check search |
$12.65 |
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18. |
In response to a request via a privately owned data terminal for the results of any of the following searches to be sent to that data terminal — |
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(a)check search |
$12.65 |
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(b)search of the power of attorney file for the number of a power of attorney document if the number is given with confirmation of the document’s existence |
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Note:The fees specified in item 18 include the taking a hard copy of screen print. |
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[19, 20. deleted] |
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21. |
Search of the power of attorney file for the number of a power of attorney document (unless item 18(b) applies) |
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22. |
Inspection of a power of attorney document where the number is known |
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23. |
Copy of a power of attorney document where the number is known |
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[Division 6 inserted in Gazette 9 Jan 2009 p. 32-4; amended in Gazette 19 Jun 2009 p. 2238 and 2239‑40; 18 Jun 2010 p. 2681-2; 14 Jun 2011 p. 2135; 22 Jun 2012 p. 2782; 19 Jun 2015 p. 2138‑9; 24 Jun 2016 p. 2323-4; 23 Jun 2017 p. 3184‑5.]
[Heading inserted in Gazette 9 Jan 2009 p. 34.]
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1. |
For advertising (minimum fee payable on lodgment of application, additional actual cost payable when actual cost is known) |
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2. |
For — |
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(a)a map or a colouring of a map on a copy of a certificate of title, Crown lease, deposited plan or other document; or |
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(b)drafting of a deposited plan or other document; or (c)the provision of consultancy services relating to project planning and project conveyancing |
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3. |
For dispensing with the production of a duplicate certificate of title or other instrument |
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4. |
Supply of statement of grounds |
$147.00 |
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5. |
Order for stay of registration under section 148 of the Act |
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6. |
For requisitions raised on — |
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(a)a deposited plan or other survey document |
$110.00 |
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(b)any other document |
$84.35 |
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7. |
For amendments made to a deposited plan or other survey document on which requisitions have been raised |
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8. |
For serving a caveator with notice under section 138 or 141A of the Act — each caveat |
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9. |
Cancellation of a deposited plan |
$210.00 |
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10. |
Search of an historic tenure |
fee as assessed by the Registrar, not exceeding actual cost |
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11. |
Providing a replica of a certificate of title, plan or document registered in the State |
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[12, 13. deleted] |
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14. |
For registrations and recordings under Division 1, lodgments under Division 2 and applications under Division 4 — involving more than 20 certificates or leases — each certificate or lease in excess of 20 |
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[Division 7 inserted in Gazette 9 Jan 2009 p. 34-6; amended in Gazette 19 Jun 2009 p. 2238 and 2240‑1; 18 Jun 2010 p. 2682; 14 Jun 2011 p. 2136; 22 Jun 2012 p. 2782-3; 26 Jul 2013 p. 3348; 19 Jun 2015 p. 2139; 22 Mar 2016 p. 836; 24 Jun 2016 p. 2322 and 2324; 23 Jun 2017 p. 3185.]
Schedule 2 — Services and matters for which fees cannot be charged
[r. 9A(8)]
[Heading amended in Gazette 27 May 2005 p. 2295; 22 May 2009 p. 1705.]
1.Lodgment or withdrawal of a memorial under —
(a)the Local Government Act 1995 Schedule 6.3 clause 2; or
[(b)deleted]
(c)the Country Areas Water Supply Act 1947 section 12BA, 12BB or 12EA.
2A.Registration or revocation of an environmental protection notice under the Environmental Protection Act 1986 section 66.
2.In respect of the transfer of loans for housing to financial institutions participating in the Home Buyers Guarantee Scheme of the State from other financial institutions, fees for the registration of a mortgage or the discharge of a mortgage, photocopy of a certificate of title, search of a deposited plan, plan, diagram or other document and photocopying or check search.
3.In respect of the lodging by a person of or the use by a third party of a duplicate certificate of title or lease for a purpose referred to in item 1 or 2.
4.To amend the address of the registered proprietor on the certificate of title.
5.An application for the issue of a Crown land title or qualified Crown land title for Crown land and an endorsement on that title of details of —
(a)the creation of a reserve under the Conservation and Land Management Act 1984 section 8, 10 or 13;
(b)matters to which the Marine and Harbours Act 1981 section 9 or 10 applies;
(c)proclamations or notices under the Mining Act 1978;
(d)a vesting in a port authority established under the Port Authorities Act 1999;
(e)the declaration of a water reserve or catchment area under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 section 13;
(f)a soil conservation reserve under the Soil and Land Conservation Act 1945 section 22 or 26.
6.Creation and registration of a certificate of title by the Registrar under regulation 4 (if different from the applicant’s request) or regulation 5.
7.Lodgments by or on behalf of the Registrar.
8.Lodgment of a dealing, deposited plan or other document by or on behalf of the Minister for Lands (other than such a lodgment by the Minister on behalf of another person).
9.An application for the issue of a duplicate certificate of title where a duplicate certificate of title was not issued on the registration of the certificate of title.
10.An application for information not to be inspected as part of the names index.
[Schedule 2 amended in Gazette 25 Jun 2007 p. 2978; 20 Jun 2008 p. 2717; 13 Apr 2012 p. 1659; 26 Jul 2013 p. 3349; 23 Jun 2017 p. 3185.]
[Schedule 3 deleted in Gazette 19 Jun 2009 p. 2241.]
1This reprint is a compilation as at 19 January 2018 of the Transfer of Land Regulations 2004 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Transfer of Land Regulations 2004 |
2 Sep 2004 p. 3829‑46 |
6 Sep 2004 (see r. 2) |
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Transfer of Land Amendment Regulations 2005 |
27 May 2005 p. 2293‑5 |
27 May 2005 |
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Transfer of Land Amendment Regulations (No. 3) 2005 |
24 Jun 2005 p. 2761‑4 |
4 Jul 2005 (see r. 2) |
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Transfer of Land Amendment Regulations (No. 2) 2005 |
15 Jul 2005 p. 3283‑302 |
15 Jul 2005 |
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Transfer of Land Amendment Regulations 2006 |
7 Jul 2006 p. 2502‑11 |
10 Jul 2006 (see r. 2) |
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Reprint 1: The Transfer of Land Regulations 2004 as at 3 Nov 2006 (includes amendments listed above) |
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Transfer of Land Amendment Regulations (No. 2) 2006 |
29 Dec 2006 p. 5915 |
1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369) |
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Transfer of Land Amendment Regulations 2007 |
25 Jun 2007 p. 2968‑78 |
r. 1 and 2: 25 Jun 2007 (see r. 2(a)); |
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Transfer of Land Amendment Regulations 2008 |
20 Jun 2008 p. 2710‑17 |
r. 1 and 2: 20 Jun 2008 (see r. 2(a)); |
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Transfer of Land Amendment Regulations (No. 2) 2008 |
9 Jan 2009 p. 29-36 |
r. 1 and 2: 9 Jan 2009 (see r. 2(a)); |
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Reprint 2: The Transfer of Land Regulations 2004 as at 6 Feb 2009 (includes amendments listed above) |
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Transfer of Land Amendment Regulations 2009 |
22 May 2009 p. 1700-5 |
r. 1 and 2: 22 May 2009 (see r. 2(a)); |
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Transfer of Land Amendment Regulations (No. 2) 2009 |
19 Jun 2009 p. 2236‑41 |
r. 1 and 2: 19 Jun 2009 (see r. 2(a)); |
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Transfer of Land Amendment Regulations 2010 |
18 Jun 2010 p. 2679-82 |
r. 1 and 2: 18 Jun 2010 (see r. 2(a)); |
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Transfer of Land Amendment Regulations 2011 |
14 Jun 2011 p. 2133‑6 |
r. 1 and 2: 14 Jun 2011 (see r. 2(a)); |
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Reprint 3: The Transfer of Land Regulations 2004 as at 2 Mar 2012 (includes amendments listed above) |
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Transfer of Land Amendment Regulations 2012 |
13 Apr 2012 p. 1658‑9 |
r. 1 and 2: 13 Apr 2012 (see r. 2(a)); |
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Transfer of Land Amendment Regulations (No. 2) 2012 |
22 Jun 2012 p. 2782‑3 |
r. 1 and 2: 22 Jun 2012 (see r. 2(a)); |
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Transfer of Land Amendment Regulations 2013 |
26 Jul 2013 p. 3348-9 |
r. 1 and 2: 26 Jul 2013 (see r. 2(a)); |
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Transfer of Land Amendment Regulations (No. 2) 2013 |
14 Nov 2013 p. 5079 |
r. 1 and 2: 14 Nov 2013 (see r. 2(a)); |
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Transfer of Land Amendment Regulations 2014 |
30 May 2014 p. 1683‑6 |
r. 1 and 2: 30 May 2014 (see r. 2(a)); |
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Reprint 4: The Transfer of Land Regulations 2004 as at 5 Dec 2014 (includes amendments listed above) |
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Transfer of Land Amendment Regulations 2015 |
19 Jun 2015 p. 2136‑9 |
r. 1 and 2: 19 Jun 2015 (see r. 2(a)); |
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Transfer of Land Amendment Regulations 2016 |
22 Mar 2016 p. 835-6 |
r. 1 and 2: 22 Mar 2016 (see r. 2(a)); |
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Lands Regulations Amendment (Fees and Charges) Regulations 2016 Pt 4 |
24 Jun 2016 p. 2320-5 |
1 Jul 2016 (see r. 2(b)) |
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Lands Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 4 |
23 Jun 2017 p. 3181‑6 |
3 Jul 2017 (see r. 2(b)) |
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Transfer of Land Amendment Regulations 2017 |
24 Nov 2017 p. 5679‑82 |
r. 1 and 2: 24 Nov 2017 (see r. 2(a)); |
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Reprint 5: The Transfer of Land Regulations 2004 as at 19 Jan 2018 (includes amendments listed above) |
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2Repealed by the Taxation Administration (Consequential Provisions) Act 2002.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
benefited lot8(1)
circle8(1)
department11
ELN8A(1)
lot8(1)
names index11
organisation11
single dwelling covenant8(1)
suppressed information11
By Authority: KEVIN J. McRAE, Government Printer