Land and Environment Court Act 1979 Land and Environment Court Amendment (Fees) Regulation 1999 (1999-578) [GG No 124 of 29.10.1999, p 10262] (NSW)

1999 No 578

Land and Environment Court New South Wales

Amendment (Fees) Regulation 1999

under the

Land and Environment Court Act 1979

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Land and Environment Court Act 1979.

J. W. SHAW, Q.C., M.L.C.,

Attorney General

Explanatory note
The objects of this Regulation are:

(a)	to increase certain court fees (set out in the Land and Environment Court Regulation 1994) to be taken in respect of the business of the Land and Environment Court, and
(b)	to fix the fees to be taken for the issue of subpoenas by that Court and for the retrieval of documents from archival storage.

This Regulation is made under the Land and Environment Court Act 1979, including section 78 (the general regulation-making power, in particular, section 78 (a)).

Published in Gazette No 124 of 29 October 1999, page 10262	Page 1
[8]
1999 No 578
Clause 1	Land and Environment Court Amendment (Fees) Regulation 1999

Land and Environment Court Amendment (Fees)
Regulation 1999

1     Name of Regulation

This Regulation is the Land and Environment Court Amendment

(Fees) Regulation 1999.

2 Commencement

This Regulation commences on 1 November 1999.

3     Amendment of Land and Environment Court Regulation 1994

The Land and Environment Court Regulation 1994 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

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1999 No 578

Land and Environment Court Amendment (Fees) Regulation 1999

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Court fees

(Clause 3)

$

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)	531
2	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	157
(b)	is $50,000 or more but less than $500,000	531
(c)	is $500,000 or more but less than $1,000,000	2,420
(d)	is $1,000,000 or more	3,023

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 157

4             Filing a process to commence proceedings in Class 2 of

the Court’s jurisdiction (other than proceedings

referred to in item 5) 531

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1999 No 578

Land and Environment Court Amendment (Fees) Regulation 1999

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 $50,000 157
6	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) 531

7             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 75

8             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	137
(b)	is $100,000 or more but less than $500,000	186
(c)	is $500,000 or more but less than $1,000,000	294
(d)	is $1,000,000 or more	415

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	157
(b)	is $50,000 or more but less than $500,000	531
(c)	is $500,000 or more but less than $1,000,000	2,420

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1999 No 578

Land and Environment Court Amendment (Fees) Regulation 1999

Amendment Schedule 1

$

(d) is $1,000,000 or more 3,023

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 75

11           Filing a process to commence proceedings in Class 4 of

the Court’s jurisdiction 531

12           Filing a process to commence proceedings in Class 5 of

the Court’s jurisdiction 531

13           Filing a process to commence proceedings in Class 6 or

7 of the Court’s jurisdiction 157

14           Filing a process to commence an appeal to the Court

under section 56A of the Land and Environment Court

Act 1979 645

15

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 44

16

Making a copy of a document, for each page	2
(minimum fee	10)

17           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	6.50
(minimum fee for 1 to 8 pages or equivalent	56)

(b)

for each page (or equivalent) where the matter

being transcribed is 3 months old or older	7.50
(minimum fee for 1 to 8 pages or equivalent	66)

(c)

for each diskette also supplied (in addition to fee

under paragraph (a) or (b)) 5

18           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 42

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1999 No 578

Land and Environment Court Amendment (Fees) Regulation 1999

Schedule 1 Amendment

$

19	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	42
20	Opening, or keeping open, the office of the registrar:

(a)

on a Saturday, Sunday or public holiday (except

the day after Easter Monday) 420

(b)

on any other day:

(i)	before 8.30 am or after 4.30 pm	420
(ii)	between 8.30 and 9 am or 4 and 4.30 pm	44

21           Supplying a duplicate tape recording of sound-recorded

evidence, for each cassette 35

22

(a)	To issue a subpoena for production	48
(b)	To issue a subpoena for production and to give	48

evidence

(c) To issue a subpoena to give evidence 23

23           Retrieving a document from archival storage, for each

document 20

NOTE: Fees for applications to modify development consents or local government approvals granted by the Court are prescribed under clauses 4 and 5 of this Regulation.

BY AUTHORITY

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