Land and Environment Court Amendment (Fees) Regulation 2004 (NSW)
2004 No 361
New South Wales
Land and Environment Court
Amendment (Fees) Regulation 2004
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, by approximately 4 per cent, 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.
Consistently with fees payable by corporations in respect of the business of certain other courts and tribunals, this Regulation introduces a fee at a corporate rate (being twice the individual rate) for the issue of a subpoena (for production or to give evidence, or both). This Regulation also contain several amendments to the Principal Regulation of a consequential nature.
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 25 June 2004, page 4536 | Page 1 |
| 2004 No 361 | |
| Clause 1 | Land and Environment Court Amendment (Fees) Regulation 2004 |
Land and Environment Court Amendment (Fees)
Regulation 2004
under the
Land and Environment Court Act 1979
1 Name of Regulation
This Regulation is the Land and Environment Court Amendment
(Fees) Regulation 2004.
2 Commencement
This Regulation commences on 1 July 2004.
3 Amendment of Land and Environment Court Regulation 2000
The Land and Environment Court Regulation 2000 is amended as set out in Schedule 1.
2004 No 361
Land and Environment Court Amendment (Fees) Regulation 2004
| Amendments | Schedule 1 |
| Schedule 1 Amendments |
(Clause 3)
[1] Clause 3A Definitions
Insert in alphabetical order:
corporation has the same meaning as in section 57A of the
Corporations Act 2001 of the Commonwealth.
[2] Clause 4 Fees generally
Insert at the end of the clause:
(2) However, a reference in that Schedule to a corporation does not include a reference to a corporation that produces evidence, satisfactory to the registrar:
(a) that its turnover, in the financial year of the corporation immediately preceding the financial year in which the fees are to be taken, was less than $200,000, or (b) if the corporation has not been in existence for a full financial year—that its turnover in its first financial year is likely to be less than $200,000.
[3] Clause 5 Persons by and to whom fees payable
Insert after clause 5 (2):
(3) A reference in Schedule 1 to a fee payable in the case of a corporation is a reference to a corporation on whose behalf a request is made to file a document or render a service.
[4] 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 616.00 Court’s jurisdiction (other than proceedings referred to in item 2 or 3)
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Land and Environment Court Amendment (Fees) Regulation 2004
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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 $50,000 181.00 (b) is $50,000 or more but less than $500,000 616.00
(c) is $500,000 or more but less than $1,000,000 2,809.00 (d) is $1,000,000 or more 3,508.00 3
Filing a process to commence proceedings in Class 1 of the 181.00 Court’s jurisdiction where the matter relates to an appeal under section 96AA or 98 of the Environmental Planning and Assessment Act 1979
4
Filing a process to commence proceedings in Class 2 of the 616.00 Court’s jurisdiction (other than proceedings referred to in item 5)
5
Filing a process to commence proceedings in Class 2 of the 181.00 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 $50,000
6
Filing a process to commence proceedings in Class 3 of the 616.00 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 87.00 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 1901
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Land and Environment Court Amendment (Fees) Regulation 2004
| 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 $100,000 159.00 (b) is $100,000 or more but less than $500,000 215.00 (c) is $500,000 or more but less than $1,000,000 340.00 (d) is $1,000,000 or more 482.00 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 $50,000 181.00 (b) is $50,000 or more but less than $500,000 616.00
(c) is $500,000 or more but less than $1,000,000 2,809.00 (d) is $1,000,000 or more 3,508.00 10
In respect of item 6, 8 or 9, if the registrar determines that, 87.00 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 616.00 Court’s jurisdiction
12
Filing a process to commence proceedings in Class 5 of the 616.00 Court’s jurisdiction
13
Filing a process to commence proceedings in Class 6 or 7 of 181.00 the Court’s jurisdiction
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Land and Environment Court Amendment (Fees) Regulation 2004
| Schedule 1 | Amendments |
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14 Filing a process to commence an appeal to the Court under 749.00 section 56A of the Land and Environment Court Act 1979 15 Filing a process to commence proceedings for modification 112.00 or 30% of a development consent, or for modification of an of the original approval, granted by the Court on appeal filing fee paid
to the Court
(whichever is
the greater)16 Production of a document, by an officer of the Court, 51.00 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) 18 Supplying a copy of the transcript/diskette of proceedings: (a) for each page (or equivalent) where the matter being 7.60 transcribed is under 3 months old (minimum fee for 1 to 8 pages (or equivalent) of
$64.00)(b) for each page (or equivalent) where the matter being 8.70 transcribed is 3 months old or older (minimum fee for 1 to 8 pages (or equivalent) of
$75.00)(c) for each diskette also supplied (in addition to fee 5.20 under paragraph (a) or (b)) 19 Furnishing a party to proceedings with a second or 48.00 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
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Land and Environment Court Amendment (Fees) Regulation 2004
| Amendments | Schedule 1 |
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20 Furnishing a person (other than a party to proceedings) with 48.00 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
21 Opening, or keeping open, the office of the registrar: 488.00
(a) on a Saturday, Sunday or public holiday, or (b) on any other day before 8.30 am or after 5 pm
22 Supplying a duplicate tape recording of sound-recorded 41.00 evidence, for each cassette 23 To issue a subpoena (for production, to give evidence, or 110.00 (in the both) case of a
corporation) or55.00 (in any
other case)
24 Retrieving a document from archival storage, for each 25.00 document
BY AUTHORITY
0
0
0