Land and Environment Court Act 1979 Land and Environment Court Amendment (Fees) Regulation 2002 (2002-425) [GG No 106 of 28.6.2002, p 4752] (NSW)

2002 No 425

New South Wales

Land and Environment Court

Amendment (Fees) Regulation 2002

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.

The fee increases are in line with movements in the Consumer Price Index. including section 78 (the general regulation-making power) and, in particular, section 78 (a).

Published in Gazette No 106 of 28 June 2002, page 4752	Page 1
[8]
2002 No 425

Clause 1 Land and Environment Court Amendment (Fees) Regulation 2002

Land and Environment Court Amendment (Fees)

Regulation 2002

1     Name of Regulation

This Regulation is the Land and Environment Court Amendment

(Fees) Regulation 2002.

2 Commencement

This Regulation commences on 1 July 2002.

3 Amendment of Land and Environment Court Regulation 2000

The Land and Environment Court Regulation 2000 is amended as set out in Schedule 1.

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2002 No 425

Land and Environment Court Amendment (Fees) Regulation 2002

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) 574.00

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	169.00
(b)	is $50,000 or more but less than $500,000	574.00

(c)	is $500,000 or more but less than $1,000,000	2,617.00
(d)	is $1,000,000 or more	3,268.00

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 169.00

4              Filing a process to commence proceedings in Class 2

of the Court’s jurisdiction (other than proceedings

referred to in item 5) 574.00

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2002 No 425

Land and Environment Court Amendment (Fees) Regulation 2002

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 $50,000 169.00

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) 574.00

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, the Water Management Act 2000 or the Western Lands Act 1901 81.00

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	148.00
(b)	is $100,000 or more but less than $500,000	201.00
(c)	is $500,000 or more but less than $1,000,000	317.00
(d)	is $1,000,000 or more	449.00

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	169.00
(b)	is $50,000 or more but less than $500,000	574.00

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2002 No 425

Land and Environment Court Amendment (Fees) Regulation 2002

Amendment Schedule 1

$

(c)	is $500,000 or more but less than $1,000,000	2,617.00
(d)	is $1,000,000 or more	3,268.00

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 81.00

11            Filing a process to commence proceedings in Class 4

of the Court’s jurisdiction 574.00

12            Filing a process to commence proceedings in Class 5

of the Court’s jurisdiction 574.00

13            Filing a process to commence proceedings in Class 6

or 7 of the Court’s jurisdiction 169.00

14            Filing a process to commence an appeal to the Court

under section 56A of the Land and Environment Court

Act 1979 698.00

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 105.00 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	47.00
17	Making a copy of a document, for each page	2.00
(minimum fee of $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

(minimum fee for 1 to 8 pages (or equivalent) of 7.10

$60.00)

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2002 No 425

Land and Environment Court Amendment (Fees) Regulation 2002

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) of 8.10

$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 45.00

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 45.00

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

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

the day after Easter Monday) 454.00

(b)

on any other day:

(i)	before 8.30 am or after 4.30 pm	454.00
(ii)	between 8.30 and 9 am or 4 and 4.30 pm	47.00

22            Supplying a duplicate tape recording of sound-recorded

evidence, for each cassette 38.00
23	(a) To issue a subpoena for production 51.00
(b) To issue a subpoena for production and to give

evidence 51.00

(c) To issue a subpoena to give evidence 26.00

24            Retrieving a document from archival storage, for each

document 23.00

BY AUTHORITY

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