Land and Environment Court Act 1979 Land and Environment Court Amendment (Fees) Regulation 2001 (2001-479) [GG No 103 of 29.6.2001, p 4656] (NSW)

2001 No 479

Land and Environment Court New South Wales

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	Page 1
[8]
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.

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) 561.00

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	165.00
(b)	is $50,000 or more but less than $500,000	561.00
(c)	is $500,000 or more but less than $1,000,000	2,558.00
(d)	is $1,000,000 or more	3,195.00

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 165.00

4                Filing a process to commence proceedings in Class 2 of

the Court’s jurisdiction (other than proceedings

referred to in item 5) 561.00

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 $50,000 165.00

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) 561.00

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 79.00

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	145.00
(b)	is $100,000 or more but less than $500,000	196.00
(c)	is $500,000 or more but less than $1,000,000	310.00
(d)	is $1,000,000 or more	439.00

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	165.00
(b)	is $50,000 or more but less than $500,000	561.00
(c)	is $500,000 or more but less than $1,000,000	2,558.00

2001 No 479

Land and Environment Court Amendment (Fees) Regulation 2001

Amendment Schedule 1

$

(d) is $1,000,000 or more 3,195.00

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 79.00

11              Filing a process to commence proceedings in Class 4 of

the Court’s jurisdiction 561.00

12              Filing a process to commence proceedings in Class 5 of

the Court’s jurisdiction 561.00

13              Filing a process to commence proceedings in Class 6 or

7 of the Court’s jurisdiction 165.00

14              Filing a process to commence an appeal to the Court

under section 56A of the Land and Environment Court

Act 1979 682.00

15              Filing a process to commence proceedings for

modification of a development consent, or for
modification of an approval, granted by the Court on

appeal 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 46.00

17

Making a copy of a document, for each page	2.00
(minimum fee	10.00)

18              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	6.90
(minimum fee for 1 to 8 pages or equivalent	60.00)

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	7.90
(minimum fee for 1 to 8 pages or equivalent	70.00)

(c)

for each diskette also supplied (in addition to fee

under paragraph (a) or (b)) 5.00

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 44.00

20              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 44.00

21              Opening, or keeping open, the office of the registrar:

(a) on a Saturday, Sunday or public holiday (except

the day after Easter Monday) 444.00

(b)

on any other day:

(i)	before 8.30 am or after 4.30 pm	444.00
(ii)	between 8.30 and 9 am or 4 and 4.30 pm	46.00

22              Supplying a duplicate tape recording of sound-recorded

evidence, for each cassette 37.00
23	(a) To issue a subpoena for production 50.00
(b) To issue a subpoena for production and to give

evidence 50.00

(c) To issue a subpoena to give evidence 25.00

24              Retrieving a document from archival storage, for each

document 22.00

BY AUTHORITY