Land and Environment Court Amendment (Fees) Regulation 2006 (NSW)
2006 No 366
New South Wales
Land and Environment Court
Amendment (Fees) Regulation 2006
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 amend the Land and Environment Court Regulation 2005
so as:
| (a) | to increase certain fees that are payable in relation to proceedings before the Land and Environment Court, and |
| (b) | to provide for a fee regime that distinguishes between corporate and non-corporate parties. |
This Regulation is made under the Land and Environment Court Act 1979, including section
78 (the general power to make regulations).
| Published in Gazette No 84 of 30 June 2006, page 4845 | Page 1 |
| 2006 No 366 | |
| Clause 1 | Land and Environment Court Amendment (Fees) Regulation 2006 |
Land and Environment Court Amendment (Fees)
Regulation 2006
under the
Land and Environment Court Act 1979
1 Name of Regulation
This Regulation is the Land and Environment Court Amendment (Fees)
Regulation 2006.
2 Commencement
This Regulation commences on 1 July 2006.
3 Amendment of Land and Environment Court Regulation 2005
The Land and Environment Court Regulation 2005 is amended as set out in Schedule 1.
2006 No 366
Land and Environment Court Amendment (Fees) Regulation 2006
| Amendment | Schedule 1 |
| Schedule 1 | Amendment |
(Clause 3)
Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Court fees
(Clause 4)
Column 1 Column 2 Column 3 Matter for which fee payable Standard Corporation fee fee
1 Filing an originating process in Class 1 of the $659 $1,318 Court’s jurisdiction (other than an originating process referred to in item 2)
2
Filing an originating process in Class 1 of the Court’s jurisdiction under section 97 of the Environmental Planning and Assessment Act 1979 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 $500,000 $659 $1,318 (b) is $500,000 or more but less than $3,013 $4,000 $1,000,000 (c) is $1,000,000 or more $3,764 $5,000 3 Filing an originating process in Class 2 of the $659 $1,318 Court’s jurisdiction 4 Filing an originating process in Class 3 of the $659 $1,318 Court’s jurisdiction (other than an originating process referred to in item 5 or 6)
2006 No 366
Land and Environment Court Amendment (Fees) Regulation 2006
| Schedule 1 | Amendment |
Column 1 Column 2 Column 3 Matter for which fee payable Standard Corporation fee fee 5 Filing an originating process 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 $500,000 $231 $462 (b) is $500,000 or more but less than $365 $730 $1,000,000
(c) is $1,000,000 or more $659 $1,318 6 Filing an originating process 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 $500,000 $659 $1,318
(b) is $500,000 or more but less than $3,013 $4,000 $1,000,000
(c) is $1,000,000 or more $3,764 $5,000 7 Filing an originating process in Class 4 of the $659 $1,318 Court’s jurisdiction 8 Filing an originating process in Class 5 of the $659 Court’s jurisdiction 9 Filing an originating process in Class 6 or 7 of $659 the Court’s jurisdiction 10 Filing a process to commence an appeal to the $1,539 $3,078 Court under section 56A of the Land and
Environment Court Act 197911 Filing a notice of motion $152 $304 12 Issuing a subpoena (for production, to give $59 $118 evidence, or both) 13 Issuing a notice to produce a document or thing $59 $118 to the court under Part 36, rule 16, of the
Supreme Court Rules 1970 (as applied by the
Land and Environment Court Rules 1996)
2006 No 366
Land and Environment Court Amendment (Fees) Regulation 2006
| Amendment | Schedule 1 |
Column 1 Column 2 Column 3 Matter for which fee payable Standard Corporation fee fee
14 Filing or registering a copy or certificate of a $67 $134 judgment, order, determination, decree,
adjudication or award of any other court or
person15 Opening, or keeping open, the office of the $523 $1,046 registrar:
(a)
on a Saturday, Sunday or public holiday, or
(b)
on any other day before 8.30 am or after 5 pm
16 Requesting production to the Court of $44 $88 documents held by another court 17 Furnishing a sealed or certified copy of the $44 written opinion or reasons for opinion of a Judge
or of a Commissioner or other officer of the
CourtNote. A party to proceedings before the Court is entitled to one copy of the opinion or reasons for opinion without charge.
18 Retrieving, providing access to and furnishing a $10, plus $5 copy of any document (otherwise than as
for each 10 pages (or part thereof) after
provided for by item 17) the first 20
pages
19 Retrieving a document from archival storage $27 per
document20 Supplying a duplicate tape recording of $37 per sound-recorded evidence cassette 21 Supplying a transcript of any proceedings: (a) where the matter being transcribed is $68, plus an
under 3 months old additional
$8.20 for each
page after the
first 8 pages
| 2006 No 366 | Land and Environment Court Amendment (Fees) Regulation 2006 |
| Schedule 1 | Amendment |
Column 1 Column 2 Column 3 Matter for which fee payable Standard Corporation fee fee (b) where the matter being transcribed is 3 $81, plus an
months old or older additional
$9.30 for each
page after the
first 8 pages
22 Production of a document, by an officer of the $55 Court, elsewhere than at the place at which the Court sits and elsewhere than at the office of the registrar
23 Providing any service for which a fee is not
$31 $62 otherwise imposed by this Schedule
BY AUTHORITY
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