Environment, Resources and Development Court Variation Regulations 2004 (SA)

Case

South Australia

Environment, Resources and Development Court Variation Regulations 2004

under the Environment, Resources and Development Court Act 1993

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Environment, Resources and Development Court Regulations 1993

  1. Substitution of Schedule

    Schedule—Fees in general jurisdiction

Part 1—Preliminary

1—Short title

These regulations may be cited as the Environment, Resources and Development Court Variation Regulations 2004.

2—Commencement

These regulations will come into operation on 1 July 2004.

3—Variation provisions

In these regulations, 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 1993

4—Substitution of Schedule

Schedule—delete the Schedule and substitute:

Schedule—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

(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

$71

2

On an application by a party to proceedings for the issue of a summons

$27.25

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

$214

4

Court fee payable by the applicant or appellant if a matter proceeds to a hearing

$143

5

For each request to inspect any material under section 47(1) of the Act

$9.50

6

For a copy of a transcript of evidence

$5 per page

7

Except where clause 8 applies, for a copy of any documentary material admitted into evidence

$5 per page

8

For a copy of any photograph, map, plan or other document which is greater than A4 in size

$5 per page, or the actual cost of copying, whichever is the greater

9

For a copy of any decision or order given or made by the Court

$5 per page

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

$2.20 per page

11

For opening Registry (or Registry remaining open) after hours for urgent execution of process

$71 per hour or part of an hour

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 27 May 2004

No 55 of 2004

AGO0121/04CS

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