Pursuant to section 48 of the Cadastral Survey Act 2002, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

2 Commencement

3 Interpretation

4 Fees

5 Refund or waiver of fees

6 Fees inclusive of GST

7 Revocation

Schedule
Fees

1 Title

These regulations are the Cadastral Survey (Fees) Regulations 2003.

2 Commencement

These regulations come into force on 1 July 2003.

3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Cadastral Survey Act 2002

department means the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Act

paper plan means a plan that is not a digital cadastral survey dataset
parcel, in relation to a survey plan,—
- (a) includes the balance of a parcel if the survey plan relates to a survey of less than the whole parcel; but
- (b) does not include a parcel to which paragraph (a) applies if the parcel—
  - (i) is a marginal strip or railway land or a road; or
  - (ii) is the bed of a lake, river, or stream; or
  - (iii) is due to an acquisition of land under the Public Works Act 1981
sheet means 1 page of paper plan.

4 Fees

(1) The fees specified in the Schedule are payable for—
- (a) determining under section 9(a) of the Act whether E cadastral survey datasets and cadastral surveys comply with standards set under section 49 of the Act; and
- (b) auditing compliance with those standards where the standards provide for the production of records or information for the purposes of section 7(1)(j) of the Act.
(2) The chief executive may permit a person to pay fees in accordance with a credit arrangement.
(3) A party to a credit arrangement who fails to pay a fee in accordance with the arrangement is liable to pay interest on the fee—
- (a) at the rate prescribed for the time being under section 87 of the Judicature Act 1908; and
- (b) from the date on which the fee should have been paid to the date on which it is paid.
(4) If there is no credit arrangement, a fee in respect of a requested matter is payable before the request is met.

5 Refund or waiver of fees

The chief executive may authorise the refund or waiver of a fee, or part of a fee, payable under these regulations—
- (a) if the fee is payable during, and in relation to, the introduction of a new system or change to the system for processing matters in respect of which fees are payable under these regulations; or
- (b) if the cost of the work involved in a particular case is substantially lower than the fee payable in that case.
- (c) to encourage the lodgement of digital cadastral survey datasets; or
- (d) to recognise any over-recovery of fees in previous financial years.
Regulation 5 was amended, as from 5 July 2004, by regulation 3(1) Cadastral Survey (Fees) Amendment Regulations 2004 (SR 2004/159) by inserting “, or part of a fee,” after “refund or waiver of a fee”.

Paragraphs (c) and (d) were inserted, as from 5 July 2004, by regulation 3(2) Cadastral Survey (Fees) Amendment Regulations 2004 (SR 2004/159).

6 Fees inclusive of GST

The fees prescribed or fixed by these regulations are inclusive of goods and services tax.

7 Revocation

The Cadastral Survey (Fees) Regulations 2002 (SR 2002/217) are revoked.

r 4

1
Determining compliance with standards

For determining compliance with standards set out under section 49 of Act		If lodged as digital cadastral survey dataset ($)
1	Cross-lease—
	(a) basic fee	72
	(b) each building or part of building	n/a
2	Unit title
	(a) basic fee	61
	(b) each principal unit or accessory unit	20
3	Survey plans—
	(a) basic fee	216
	(b) each additional sheet	n/a
	(c) each parcel	42
	(d) each area or location separately identified for an easement or covenant	21
4	Compiled plans and computed plans	60% of fee in this column applicable under item 3
5	Plans of survey data, including redefinition surveys, for which no title plans are required	No fee
6	Plans not specified in items 1 to 5 for which approval is required	50% of fee in this column applicable under item 3
7	Plans of parts of same survey lodged at different times	Full fee in this column applicable under item 3
8	Requisitioned plans resubmitted to the department—
	(a) on the first item on which the plan is requisitioned	134
	(b) for each additional item on which the plan is requisitioned	n/a
	(c) for each parcel altered (except where directed by the department), or each new parcel or sheet added	Full fee in this column applicable under items 1 to 6

Part 1 of the Schedule was substituted, as from 5 July 2004, by regulation 4 Cadastral Survey (Fees) Amendment Regulations 2004 (SR 2004/159).
Part 1 of the Schedule was substituted, as from 1 September 2007, by regulation 4 Cadastral Survey (Fees) Amendment Regulations 2007 (SR 2007/218).

2
Auditing compliance with standards

	$
For auditing compliance with standards set under section 49 of the Act where the standards provide for the production of records or information for the purposes of the function in section 7(1)(j) of the Act	130 per hour or part of an hour

Martin Bell,

Acting for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 July 2003, prescribe the fees payable under the Cadastral Survey Act 2002 for—

•determining under section 9(a) of the Act whether cadastral survey datasets and cadastral surveys comply with standards set under section 49 of the Act; and
•auditing compliance with those standards where the standards provide for the production of records or information for the purposes of the function in section 7(1)(j) of the Act.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 29 May 2003.

Cadastral Survey (Fees) Regulations 2003