Land and Environment Court Act 1979 Land and Environment Court Further Amendment (Fees) Regulation 2000 (2000-294) [GG No 81 of 30.6.2000, p 5412] (NSW)
2000 No 294
| Land and Environment Court Further | New South Wales |
Amendment (Fees) Regulation 2000
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 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 provide for the postponement or waiver of filing fees in the Land and Environment Court if the persons by whom or on whose behalf the documents are to be filed are persons receiving legal assistance through a community legal centre. |
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 81 of 30 June 2000, page 5412 | Page 1 |
| [8] | |
| 2000 No 294 | |
| Clause 1 | Land and Environment Court Further Amendment (Fees) Regulation 2000 |
Land and Environment Court Further Amendment
(Fees) Regulation 2000
1 Name of Regulation
This Regulation is the Land and Environment Court Further
Amendment (Fees) Regulation 2000.
2 Commencement
This Regulation commences on 1 July 2000.
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.
2000 No 294
Land and Environment Court Further Amendment (Fees) Regulation 2000
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 6A Postponement or waiver of fees in certain cases
Insert at the end of clause 6A (1) (b):
, or
(c) a legally assisted party to the proceedings.
[2] Clause 6A (3)
Omit “or a pensioner party”.
Insert instead “, a pensioner party or a legally assisted party”.[3] Clause 6A (4) (c)
Insert at the end of clause 6A (4) (b):
, and
(c) a party to proceedings is a legally assisted party if he or she is receiving legal assistance through a community legal centre within the meaning of section 48H of the Legal Profession Act 1987.
[4] 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)
546
2000 No 294
Land and Environment Court Further Amendment (Fees) Regulation 2000
| Schedule 1 | Amendments |
$
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 $50,000 161 (b) is $50,000 or more but less than $500,000 546 (c) is $500,000 or more but less than $1,000,000 2,488 (d) is $1,000,000 or more 3,108 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 161 4
Filing a process to commence proceedings in Class 2 of the Court’s jurisdiction (other than proceedings referred to in item 5) 546 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 $50,000 161 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) 546 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 77
2000 No 294
Land and Environment Court Further Amendment (Fees) Regulation 2000
| Amendments | Schedule 1 |
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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 $100,000 141 (b) is $100,000 or more but less than $500,000 191 (c) is $500,000 or more but less than $1,000,000 302 (d) is $1,000,000 or more 427 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 $50,000 161 (b) is $50,000 or more but less than $500,000 546 (c) is $500,000 or more but less than $1,000,000 2,488 (d) is $1,000,000 or more 3,108 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 77 11 Filing a process to commence proceedings in Class 4 of
the Court’s jurisdiction 546 12 Filing a process to commence proceedings in Class 5 of
the Court’s jurisdiction 546 13 Filing a process to commence proceedings in Class 6 or
7 of the Court’s jurisdiction 161
2000 No 294
Land and Environment Court Further Amendment (Fees) Regulation 2000
| Schedule 1 | Amendments |
$
14 Filing a process to commence an appeal to the Court
under section 56A of the Land and Environment Court
Act 1979 663 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 45 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 6.70 (minimum fee for 1 to 8 pages or equivalent 58)
(b) for each page (or equivalent) where the matter
being transcribed is 3 months old or older 7.70 (minimum fee for 1 to 8 pages or equivalent 68) (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 43 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 43 20 Opening, or keeping open, the office of the registrar:
(a) on a Saturday, Sunday or public holiday (except
the day after Easter Monday) 432 2000 No 294
Land and Environment Court Further Amendment (Fees) Regulation 2000
| Amendments | Schedule 1 |
$
(b) on any other day:
(i) before 8.30 am or after 4.30 pm 432 (ii) between 8.30 and 9 am or 4 and 4.30 pm 45 21 Supplying a duplicate tape recording of sound-recorded
evidence, for each cassette 36 22
(a) To issue a subpoena for production 49
(b) To issue a subpoena for production and to give
evidence 49
(c) To issue a subpoena to give evidence 24 23 Retrieving a document from archival storage, for each
document 21
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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