Environment, Resources and Development Court (Fees) Regulations 2018 (SA)

South Australia

Environment, Resources and Development Court (Fees) Regulations 2018

under the Environment, Resources and Development Court Act 1993

Contents

1Short title

2Commencement

Schedule 1—Fees under Environment, Resources and Development Court Act 1993

Part 1—Preliminary

1Interpretation

2Fees

Part 2—General fees for purposes of Act

Division 1—Fees in general jurisdiction

Division 2—Fees in proceedings involving native title

Schedule 2—Related variations

Part 1—Preliminary

1Variation provisions

Part 2—Variation of Environment, Resources and Development Court Regulations 2005

2Revocation of regulation 6

3Revocation of Schedules 1 and 2

Legislative history

1—Short title

These regulations may be cited as the Environment, Resources and Development Court (Fees) Regulations 2018.

2—Commencement

These regulations come into operation on 1 July 2018.

Schedule 1—Fees under Environment, Resources and Development Court Act 1993

Part 1—Preliminary

1—Interpretation

(1)In these regulations unless the contrary intention appears—

Act means the Environment, Resources and Development Court Act 1993.

(2)For the purposes of this Schedule, unless the contrary intention appears, words and expressions used in this Schedule have the same respective meanings as in the Act.

2—Fees

(1)The fees set out in Part 2 Division 1 are payable to the Court for proceedings before the Court (other than proceedings involving a native title question or criminal proceedings).

(2)The fees set out in Part 2 Division 2 are payable to the Court for proceedings before the Court involving a native title question.

(3)The fees that are payable for criminal proceedings before the Court will be the fees that are from time to time set under the Magistrates Court Act 1991 for the purposes of proceedings in the Criminal Division of the Magistrates Court.

Part 2—General fees for purposes of Act

Division 1—Fees in general jurisdiction

1	On filing or lodging any application or initiating any appeal or other proceedings, other than—     (a)     an interlocutory application under the rules of the Court; or	$236.00
(b) an application that relates to a building dispute to which section 86(5) of the Development Act 1993 applies; or
(c)     an application to the Court for a consent judgment
2	On an application by a party to proceedings for the issue of a summons	$49.50
3	Court fee payable by an applicant where the application relates to a building dispute to which section 86(5) of the Development Act 1993 applies	$389.00
4	Court fee payable by the applicant or appellant if a matter proceeds to a hearing	$259.00
5	For each request to inspect any material under section 47(1) of the Act	$24.10
6	For a copy of a transcript of evidence
(a)     per page in electronic form	$8.10
(b)    per page in hard-copy form	$10.40
7	Except where clause 8 applies, for a copy of any documentary material admitted into evidence—per page	$8.10
8	For a copy of any photograph, map, plan or other document which is greater than A4 in size	$8.10 per page, or the actual cost of copying (whichever is greater)
9	For a copy of any decision or order given or made by the Court—per page	$8.10
Note— A party to proceedings is entitled to 1 copy of any decision or order given or made by the Court without charge.
10	For a copy of any other document for which a fee has not been fixed under any other clause—per page	$4.90
11	For opening Registry (or Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour	$129.00

Division 2—Fees in proceedings involving native title

1—Applications or notices commencing proceedings

On filing or lodging an application or initiating an appeal commencing proceedings involving a native title question other than a request for mediation

$715.00

Examples—

    (a)     an application for registration of a claim to native title in land

    (b)    an application for a native title declaration

    (c)     an application for variation or revocation of a native title declaration

    (d)    an application for a summary determination authorising mining operations on native title land (including under the expedited procedure)

    (e)     an appeal against a decision of the Minister to prohibit registration of a native title mining agreement

     (f)     an application for a determination of the Court made under an Act authorising a person to enter native title land and carry out operations on the land or to acquire native title land

    (g)    an application for review of compensation provisions of determination following native title declaration.

2—Other applications

On filing or lodging any other application in proceedings involving a native title question

$49.50

3—Inspection and copies of evidentiary material

    (a)     for each request to inspect material under section 47(1) of the Act

$24.10

    (b)    for a copy of a transcript of evidence, documentary material admitted into evidence, or a decision or order of the Court supplied under section 47(3) of the Act—

     (i)     per A4 page (or smaller) in electronic form

$8.10

     (ii)    per A4 page (or smaller) in hard‑copy form

$10.40

    (iii)    per page that is greater in size than A4 in electronic form

$8.10

    (iv)    per page that is greater in size than A4 in hard-copy form

$10.40 or the actual cost of copying (whichever is greater)

    (c)     for a copy of any other document for which a fee has not been charged under paragraph (b)—per page

$4.90

Note—

A party to proceedings is entitled to 1 copy of any decision or order given or made by the Court without charge.

4—Opening Registry after hours

For opening a Registry, or a Registry remaining open, after hours for urgent execution of process—for each hour or part of an hour

$129.00

Schedule 2—Related variations

Part 1—Preliminary

1—Variation provisions

In this Schedule, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Environment, Resources and Development Court Regulations 2005

2—Revocation of regulation 6

Regulation 6—delete the regulation

3—Revocation of Schedules 1 and 2

Schedules 1 and 2—delete the Schedules

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Environment, Resources and Development Court (Fees) Regulations 2018 were revoked by Sch 2 of the Environment, Resources and Development Court (Fees) Regulations 2019 on 1.7.2019.

Principal regulations

Year	No	Reference	Commencement
2018	83	Gazette 21.6.2018 p2196	1.7.2018: r 2