Land and Environment Court Amendment (Fees) Regulation 2003 (NSW)
2003 No 400
New South Wales
Land and Environment Court
Amendment (Fees) Regulation 2003
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 (as 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.
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 104 of 27 June 2003, page 6114 | Page 1 |
| 2003 No 400 | |
| Clause 1 | Land and Environment Court Amendment (Fees) Regulation 2003 |
Land and Environment Court Amendment (Fees)
Regulation 2003
under the
Land and Environment Court Act 1979
1 Name of Regulation
This Regulation is the Land and Environment Court Amendment
(Fees) Regulation 2003.
2 Commencement
This Regulation commences on 1 July 2003.
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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2003 No 400
Land and Environment Court Amendment (Fees) Regulation 2003
| 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 592.00 Court’s jurisdiction (other than proceedings referred to in item
2 or 3)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 $50,000 174.00 (b) is $50,000 or more but less than $500,000 592.00 (c) is $500,000 or more but less than $1,000,000 2,701.00 (d) is $1,000,000 or more 3,373.00 3 Filing a process to commence proceedings in Class 1 of the 174.00 Court’s jurisdiction where the matter relates to an appeal
under section 96AA or 98 of the Environmental Planning and
Assessment Act 19794 Filing a process to commence proceedings in Class 2 of the 592.00 Court’s jurisdiction (other than proceedings referred to in item 5)
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2003 No 400
Land and Environment Court Amendment (Fees) Regulation 2003
| Schedule 1 | Amendment |
$
5 Filing a process to commence proceedings in Class 2 of the 174.00 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
$50,0006 Filing a process to commence proceedings in Class 3 of the 592.00 Court’s jurisdiction (other than proceedings referred to in item
7, 8 or 9)7 Filing a process to commence proceedings in Class 3 of the 84.00 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 19018
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 $100,000 153.00 (b) is $100,000 or more but less than $500,000 207.00 (c) is $500,000 or more but less than $1,000,000 327.00 (d) is $1,000,000 or more 463.00 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 $50,000 174.00 (b) is $50,000 or more but less than $500,000 592.00
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2003 No 400
Land and Environment Court Amendment (Fees) Regulation 2003
| Amendment | Schedule 1 |
$
(c) is $500,000 or more but less than $1,000,000 2,701.00 (d) is $1,000,000 or more 3,373.00 10 In respect of item 6, 8 or 9, if the registrar determines that, 84.00 because of the substance of the matter and its lack of
complexity, the fee referred to in the item is not appropriate11 Filing a process to commence proceedings in Class 4 of the 592.00 Court’s jurisdiction 12 Filing a process to commence proceedings in Class 5 of the 592.00 Court’s jurisdiction 13 Filing a process to commence proceedings in Class 6 or 7 of 174.00 the Court’s jurisdiction 14 Filing a process to commence an appeal to the Court under 720.00 section 56A of the Land and Environment Court Act 1979 15 Filing a process to commence proceedings for modification of 108.00 or
a development consent, or for modification of an approval,
30% of the original filing fee paid to the
granted by the Court on appeal Court
(whichever is
the greater)
16 Production of a document, by an officer of the Court, 49.00 elsewhere than at the place at which the Court sits and
elsewhere than at the office of the registrar17 Making a copy of a document, for each page 2.00 (minimum fee of $10.00)
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2003 No 400
Land and Environment Court Amendment (Fees) Regulation 2003
| Schedule 1 | Amendment |
$
18 Supplying a copy of the transcript/diskette of proceedings:
(a) for each page (or equivalent) where the matter being 7.30 transcribed is under 3 months old
(minimum fee for 1 to 8 pages (or equivalent) of$62.00)
(b) for each page (or equivalent) where the matter being 8.40 transcribed is 3 months old or older
(minimum fee for 1 to 8 pages (or equivalent) of
$72.00)(c) for each diskette also supplied (in addition to fee under 5.00 paragraph (a) or (b)) 19 Furnishing a party to proceedings with a second or subsequent 46.00 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
20 Furnishing a person (other than a party to proceedings) with a 46.00 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
21 Opening, or keeping open, the office of the registrar: (a) on a Saturday, Sunday or public holiday (except the 469.00 day after Easter Monday) (b) on any other day:
(i) before 8 am or after 5.30 pm 469.00 (ii) between 8 and 8.30 am or 5 and 5.30 pm 49.00
22 Supplying a duplicate tape recording of sound-recorded 39.00 evidence, for each cassette
23 (a) To issue a subpoena for production 53.00
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Land and Environment Court Amendment (Fees) Regulation 2003
| Amendment | Schedule 1 |
$
(b) To issue a subpoena for production and to give 53.00 evidence (c) To issue a subpoena to give evidence 27.00 24 Retrieving a document from archival storage, for each 24.00 document
BY AUTHORITY
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