203: May 2020

Lodging fees from 1 July 2020 – no change

In accordance with Monetary Units Act 2004, the Treasurer has fixed the value of a fee unit for the financial year commencing 1 July 2020.  The fee remains unchanged from the current financial year at $14.81. From 1 July 2020, the fees for lodging transactions at Land Use Victoria remain the same.

Comprehensive fee listings are shown here. You can also visit our calculators for transfer of land and subdivision.

Search fees from 1 July 2020

A small number of search fees may change. Land Use Victoria will notify customers when this has been confirmed.

Secure Electronic Registry Services (SERV) appoints new CEO

Secure Electronic Registry Services (SERV) Chair Cheryl Batagol recently announced the appointment of Andrew Faber as Chief Executive Officer of SERV.

For more information please visit the SERV website.

Update on the generic residual document ‘Record-Notice - Transfer of Land Act - Section 104’

Subscribers are reminded of the following when using the generic residual document in PEXA to lodge eligible paper instruments.

Update to lodging summary form

A completed lodging summary form must be included in the lodgment as an attached document (in the PDF file). This form has been updated to include a lodging party’s contact email address for correspondence, including the lodgment summary or lodgment refusal. The lodgment summary form also confirms the lodging order and fees payable.

The updated form is on our professional forms, guides and fees page.

Attached documents when using the generic residual document

Only one PDF file is to be used for the generic residual document.  The file should include all of the paper instruments and necessary supporting documents to meet lodging requirements.

Please note: a copy of the contract of sale is not required when lodging a transfer of land and verification of identity documents containing personal information or photographs should not be included.  Similarly, when lodging a plan of subdivision, a copy of the plan is not required for plans prepared by a surveyor in SPEAR. Submitting extraneous material increases turnaround times.

‘Land Title Reference’ for the generic residual document in PEXA

The eligibility criteria outlined in Customer Information Bulletin 200 has been updated in respect to the land title reference to be used when creating the generic residual document in the PEXA workspace to lodge a paper instrument.

For the generic residual document, Subscribers must select only one of the following land title references depending on the type of attached paper instruments to be lodged:

1. 12207/425 must be used for any instrument type that can be lodged electronically using SPEAR,  including plans of subdivision, other plans under the Subdivision Act 1988 and other applications that involve a plan of survey, such as applications under section 60 of the Transfer of Land Act 1958 (TLA) (adverse possession) and section 99 of the TLA (boundary realignment).  If the application can be lodged in SPEAR, it should be.  For eligible instrument types please refer to the SPEAR website.

2. 12198/325 must be used for all other instrument types.

Subscribers must enter either land title reference 12207/425 or 12198/325 - no other land title reference should be entered in the generic residual document.  These land title references should only be used in a generic residual document and should not be used in any other electronically lodged instrument or be the subject of any nomination.

Nominating certificates of title referenced in paper instruments attached to the generic residual document

If the folios referred to in the paper instruments attached to the generic residual document require nomination of the certificates of title, the subscriber must ensure that relevant nominations are lodged prior to using the generic residual document.

If a nomination is required and the certificate of title is electronic (eCT), the nomination must be lodged in a separate workspace using the volume and folio number(s) referred to in the paper instruments, in the same way a nomination was undertaken for a paper instrument was lodged before the generic residual document was available in PEXA.

If the certificate of title is paper, i.e. a pCT, you will need to convert the certificate of title to an eCT by emailing the form Application to convert a paper certificate of title to an electronic certificate of title CPCT  available on our forms page to advice.enquiries@victorianlrs.com.au.  Once the certificate of title is converted to an eCT it can be nominated to the paper instruments using PEXA.

Update to searching a registered instrument lodged with the generic residual document

The generic residual document is used as a method to deliver scanned PDF paper instruments to Land Use Victoria.

The generic residual document will be assigned a dealing number when lodged using PEXA.  When the generic residual is processed (withdrawn) the scanned paper instrument(s) will be assigned new dealing number(s) which are shown in the top right corner of the imaged instrument.

For generic residual documents submitted from 25 May 2020, the generic residual document dealing number will no longer appear as a diagonal watermark on the paper instruments.

Support

Any queries regarding the generic residual document should be directed to Land Registry Services customer call centre on 03 9102 0401.

Please contact PEXA on 1300 084 515 if you have any questions on how to create a generic residual document.

Requirements for attached PDF documents supporting all residual documents

Subscribers are responsible for ensuring that they provide appropriate documents for the intended audience and purpose.  Failure to create files that meet the guidelines below could result in a residual document (including the generic residual document) being refused or requisitioned if Land Use Victoria is not satisfied with the quality or presentation of the documents.

Security settings, such as password protection, must not be applied to PDF documents lodged in electronic lodgment networks.

The image quality of attached paper instruments is critical. Instruments of poor image quality will not be accepted. Please ensure that when attaching an image, it is not upside down or sideways.

Image quality check list

• Resolution must be set to a minimum of 300 dpi for satisfactory image quality.
• All PDF documents, including plan and survey documents, must be produced in black and white in accordance with current practice.  Colour and greyscale are not acceptable.
• All pages of the PDF file must be orientated to appear upright when viewed on screen.

SPEAR Electronic Lodgment Network (ELN) reminder

SPEAR electronic lodgment is the preferred method for lodging all instruments eligible to be lodged using SPEAR. Information about how to register to become a SPEAR ELN Subscriber is on the SPEAR website: https://www.spear.land.vic.gov.au/spear/pages/lodging-parties/about-lodging.shtml

For instrument types available in SPEAR see: https://www.spear.land.vic.gov.au/spear/pages/about/what-is-spear/spear-dealing-types.shtml

Caveats and parts of land

A caveat that relates to only part of the land in a folio cannot be lodged in an Electronic Lodgment Network (ELN). This type of caveat can be lodged in paper, using the generic residual document ‘Record – Notice -Transfer of Land Act – Section 104.

If the caveat relates to a lot on a pending plan of subdivision, the caveat can be lodged in an ELN over the lot after the plan has been registered and the new folios are created.

Abbreviated names of companies and incorporated associations in the Register

A reminder to all customers when lodging documents with Land Use Victoria (LUV) that incoming proprietor company names must use the abbreviated form, ‘Pty’ and ‘Ltd’.

The Corporations Act 2001 permits the abbreviations ‘Pty’ and ‘Ltd’ to be used instead of the words ‘Proprietary’ and ‘Limited’ respectively in any document.  ‘Ltd’ and ‘Pty Ltd’ are legally acceptable abbreviations and their use is an accurate reflection of a corporation’s name in any document.

LUV, in processing any instrument in which a company’s name is to be recorded, now uses the abbreviations ‘Pty’ and ‘Ltd’ whenever it is necessary to capture the words ‘Proprietary’ and ‘Limited’ respectively as part of a company name.

In addition, all existing recordings of company names in the Register are being amended to show the abbreviations ‘Pty’ and ‘Ltd’ (as appropriate).

When transacting through an ELN it is a subscriber’s responsibility to use the abbreviations ‘Pty’ and ‘Ltd’ in the workspace and when completing State Revenue Office Duties Online documents (Digital Duties Form). Failure to do so may prevent the successful lodgment of your instrument.

Similarly, the Associations Incorporation Reform Act 2012 permits the abbreviation ‘Inc’ to be used instead of the word ‘Incorporated’ in documents.  All existing recordings in the Register are being amended to show the abbreviation ‘Inc’ and all future recordings will use the abbreviation.

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