Land and Environment Court Act 1979 Land and Environment Court (Fees) Amendment Regulation 1996 (1996-644) [GG No 150 of 20.12.1996] (NSW)

1996 No 644

New South Wales

Land and Environment Court (Fees)

Amendment Regulation 1996

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.

JEFFREY SHAW, Q.C., M.L.C.,

Attorney General.

Explanatory note

The object of this Regulation is to increase certain fees set out in the Land and Environment Court (Fees) Regulation 1994 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, in particular, section 78 (a)).

Published in Gazette No 150 of 20 December 1996, page 8559 Page 1

1996 No 644

Clause 1 Land and Environment Court (Fees) Amendment Regulation 1996

Land and Environment Court (Fees) Amendment

Regulation 1996

1 Name of Regulation

This Regulation is the Land and Environment Court (Fees)

Amendment Regulation 1996.

2 Commencement

This Regulation commences on 1 January 1997.

1. Amendment of Land and Environment Court (Fees) Regulation 1994

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

4 Note

The explanatory note does not form part of this Regulation.

1996 No 644

Land and Environment Court (Fees) Amendment Regulation 1996

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) 497.00

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	148.00
(b)	is $50,000 or more but less than $500.000	497.00

(c)	is $500,000 or more but less than $1,000,000	2,265.00
(d)	is $1,000,000 or more	2,829.00

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 148.00

4.   Filing a process to commence proceedings in Class 2

of the Court’s jurisdiction (other than proceedings

referred to in Item 5) 497.00

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 $50.000 148.00

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) 497.00

1996 No 644

Land and Environment Court (Fees) Amendment Regulation 1996

Schedule 1 Amendment

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 71.00

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	128.00
(b)	is $100,000 or more but less than $500,000	174.00
(c)	is $500,000 or more but less than $1,000,000	276.00
(d)	is $l,000,000 or more	389.00

9.

Filing a process to commence proceedings in Class 3 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	148.00
(b)	is $50,000 or more but less than $500,000	497.00

(c)	is $500,000 or more but less than $1,000,000	2,265.00
(d)	is $1,000,000 or more	2,829.00

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 71.00

11.    Filing a process to commence proceedings in Class 4

of the Court’s jurisdiction 497.00

12.   Filing a process to commence proceedings in Class 5

of the Court’s jurisdiction 497.00

13.   Filing a process to commence proceedings in Class 6

of the Court’s jurisdiction 148.00

1996 No 644

Land and Environment Court (Fees) Amendment Regulation 1996

Amendment Schedule 1

14.    Filing a process to commence an appeal to the Court under section 56A of the Land and Environment Court

Act 1979 604.00

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 41.00
16.	Making a copy of a document, for each page 2.00
(minimum fee 10.00)

17.    Supplying a copy of the transcript/ldiskette 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	55.00)

(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 65.00)

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 an assessor or other officer of

the Court in relation to the proceedings, for each copy 41.00

19.    Opening, or keeping open, the office of the registrar:

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

the day after Easter Monday) 394.00

(b)	on any other day:
(i) before 8.30 a.m. or after 4.30 p.m. 394.00
(ii) between 8.30 and 9 am. or 4 and 4.30

p.m. 41.00

20.     Supplying a duplicate tape recording of sound-recorded

evidence, for each cassette 34.00