2001 No 479 New South Wales Land and Environment Court Amendment (Fees) Regulation 2001 under the Land and Environment Court Act 1979 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Land and Environment Court Act 1979. BOB DEBUS, M.P., Attorney General Explanatory note The object of this Regulation is to increase certain fees (set out in the Land and Environment Court Regulation 2000) to be taken in respect of the business of the Land and Environment Court. This Regulation is made under the Land and Environment Court Act 1979, including section 78 (the general regulation-making power) and, in particular, section 78 (a). Published in Gazette No 103 of 29 June 2001, page 4656 [8] Page 1 2001 No 479 Clause 1 Land and Environment Court Amendment (Fees) Regulation 2001 Land and Environment Court Amendment (Fees) Regulation 2001 1 Name of Regulation This Regulation is the Land and Environment Court Amendment (Fees) Regulation 2001. 2 Commencement This Regulation commences on 1 July 2001. 3 Amendment of Land and Environment Court Regulation 2000 The Land and Environment Court Regulation 2000 is amended as set out in Schedule 1. 4 Notes The explanatory note does not form part of this Regulation. Page 2 2001 No 479 Land and Environment Court Amendment (Fees) Regulation 2001 Amendment Schedule 1 Schedule 1 Amendment (Clause 3) Schedule 1 Omit the Schedule. Insert instead: Schedule 1 Court fees (Clause 4) $ 1 Filing a process to commence proceedings in Class 1 of the Court's jurisdiction (other than proceedings referred to in item 2 or 3) Filing a process to commence proceedings in Class 1 of the Court's jurisdiction where the matter relates to a development application (other than a development application relating to the subdivision of land) or to a building application, and where the value of the development or building: (a) is less than $50,000 (b) is $50,000 or more but less than $500,000 (c) is $500,000 or more but less than $1,000,000 (d) is $1,000,000 or more 3 Filing a process to commence proceedings in Class 1 of the Court's jurisdiction where the matter relates to an appeal under section 98 of the Environmental Planning and Assessment Act 1979 Filing a process to commence proceedings in Class 2 of the Court's jurisdiction (other than proceedings referred to in item 5) 165.00 561.00 2,558.00 3,195.00 561.00 2 165.00 4 561.00 Page 3 2001 No 479 Land and Environment Court Amendment (Fees) Regulation 2001 Schedule 1 Amendment $ 5 Filing a process to commence proceedings in Class 2 of the Court's jurisdiction where the matter relates to a development application (other than a development application relating to the subdivision of land) or to a building application, and where the value of the development or building is less than $50,000 Filing a process to commence proceedings in Class 3 of the Court's jurisdiction (other than proceedings referred to in item 7, 8 or 9) Filing a process to commence proceedings in Class 3 of the Court's jurisdiction where the matter relates to an appeal, reference or other matter under the Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989, the Roads Act 1993, the Water Act 1912 or the Western Lands Act 1901 Filing a process to commence proceedings in Class 3 of the Court's jurisdiction where the matter relates to an appeal or objection against a valuation of land, and where the value of the land, as determined by the respondent valuing authority: (a) is less than $100,000 (b) is $100,000 or more but less than $500,000 (c) is $500,000 or more but less than $1,000,000 (d) is $1,000,000 or more 9 Filing a process to commence proceedings in Class 3 of the Court's jurisdiction where the matter relates to a claim for compensation for the compulsory acquisition of land, as referred to in section 24 of the Land and Environment Court Act 1979, and where the amount offered as compensation by the resuming or constructing authority: (a) is less than $50,000 (b) is $50,000 or more but less than $500,000 (c) is $500,000 or more but less than $1,000,000 165.00 561.00 2,558.00 145.00 196.00 310.00 439.00 165.00 6 561.00 7 79.00 8 Page 4 2001 No 479 Land and Environment Court Amendment (Fees) Regulation 2001 Amendment Schedule 1 $ (d) is $1,000,000 or more 10 In respect of item 6, 8 or 9, if the registrar determines that, because of the substance of the matter and its lack of complexity, the fee referred to in the item is not appropriate Filing a process to commence proceedings in Class 4 of the Court's jurisdiction Filing a process to commence proceedings in Class 5 of the Court's jurisdiction Filing a process to commence proceedings in Class 6 or 7 of the Court's jurisdiction Filing a process to commence an appeal to the Court under section 56A of the Land and Environment Court Act 1979 Filing a process to commence proceedings for modification of a development consent, or for modification of an approval, granted by the Court on appeal 3,195.00 79.00 561.00 561.00 165.00 11 12 13 14 682.00 15 103.00 or 30% of the original filing fee paid to the Court (whichever is the greater) 16 Production of a document, by an officer of the Court, elsewhere than at the place at which the Court sits and elsewhere than at the office of the registrar Making a copy of a document, for each page (minimum fee Supplying a copy of the transcript/diskette of proceedings: (a) for each page (or equivalent) where the matter being transcribed is under 3 months old (minimum fee for 1 to 8 pages or equivalent 46.00 2.00 10.00) 17 18 6.90 60.00) Page 5 2001 No 479 Land and Environment Court Amendment (Fees) Regulation 2001 Schedule 1 Amendment $ (b) for each page (or equivalent) where the matter being transcribed is 3 months old or older (minimum fee for 1 to 8 pages or equivalent (c) for each diskette also supplied (in addition to fee under paragraph (a) or (b)) 19 Furnishing a party to proceedings with a second or subsequent copy of the written opinion or reasons for opinion of a Judge or of a commissioner or other officer of the Court in relation to the proceedings, for each copy Furnishing a person (other than a party to proceedings) with a first or subsequent copy of the written opinion or reasons for opinion of a Judge or of a commissioner or other officer of the Court in relation to any proceedings, for each copy Opening, or keeping open, the office of the registrar: (a) on a Saturday, Sunday or public holiday (except the day after Easter Monday) (b) on any other day: (i) (ii) 22 23 before 8.30 am or after 4.30 pm between 8.30 and 9 am or 4 and 4.30 pm 444.00 46.00 37.00 50.00 50.00 25.00 22.00 444.00 7.90 70.00) 5.00 44.00 20 44.00 21 Supplying a duplicate tape recording of sound-recorded evidence, for each cassette (a) To issue a subpoena for production (b) To issue a subpoena for production and to give evidence (c) To issue a subpoena to give evidence 24 Retrieving a document from archival storage, for each document BY AUTHORITY Page 6