Land and Environment Court Amendment (Fees) Regulation 2007 (NSW)
2007 No 291
New South Wales
Land and Environment Court
Amendment (Fees) Regulation 2007
under the
Land and Environment Court Act 1979
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Land and Environment Court Act 1979.
JOHN HATZISTERGOS, M.L.C.,
Attorney General
Explanatory note
The objects of this Regulation are:
| (a) | to increase certain fees that are payable in relation to proceedings before the Land and Environment Court, and |
| (b) | to make it clear that the party to a proceeding and a solicitor for that party are jointly and severally liable for the payment of certain fees. |
This Regulation is made under the Land and Environment Court Act 1979, including section
78 (the general regulation-making power).
| Published in Gazette No 83 of 29 June 2007, page 4069 | Page 1 |
| 2007 No 291 | |
| Clause 1 | Land and Environment Court Amendment (Fees) Regulation 2007 |
Land and Environment Court Amendment (Fees)
Regulation 2007
under the
Land and Environment Court Act 1979
1 Name of Regulation
This Regulation is the Land and Environment Court Amendment (Fees)
Regulation 2007.
2 Commencement
This Regulation commences on 1 July 2007.
3 Amendment of Land and Environment Court Regulation 2005
The Land and Environment Court Regulation 2005 is amended as set out in Schedule 1.
2007 No 291
Land and Environment Court Amendment (Fees) Regulation 2007
| Amendment | Schedule 1 |
| Schedule 1 | Amendment |
(Clause 3)
[1] Clause 5 Persons by and to whom fees payable
Insert after subclause (1):
(1A) For the purposes of subclause (1), the fee imposed by item 14 of Schedule 1 is taken to be payable by the person who served the notice to produce under Part 36, rule 16, of the Supreme Court Rules 1970 (as applied by the Land and Environment Court Rules 1996). [2] Clause 5 (2A)
Insert after clause 5 (2):
(2A) For the purposes only of subclause (2), a solicitor or other person by whom a person is carrying on proceedings is taken to be acting as an agent for that person. [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 $685 $1,370 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 $685 $1,370
2007 No 291
Land and Environment Court Amendment (Fees) Regulation 2007
| Schedule 1 | Amendment |
Column 1 Column 2 Column 3 Matter for which fee payable Standard Corporation fee fee
(b) is $500,000 or more but less than $3,134 $4,160 $1,000,000 (c) is $1,000,000 or more $3,914 $5,200 3 Filing an originating process in Class 2 of the $685 $1,370 Court’s jurisdiction (other than an originating process referred to in item 4)
4 Filing an originating process in Class 2 of the $180 $360 Court’s jurisdiction where the matter relates to
an application under the Trees (Disputes
Between Neighbours) Act 20065 Filing an originating process in Class 3 of the $685 $1,370 Court’s jurisdiction (other than an originating process referred to in item 6 or 7)
6
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 $240 $480 (b) is $500,000 or more but less than $379 $758 $1,000,000 (c) is $1,000,000 or more $685 $1,370 7 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 $685 $1,370 (b) is $500,000 or more but less than $3,134 $4,160 $1,000,000
(c) is $1,000,000 or more $3,914 $5,200 8 Filing an originating process in Class 4 of the $685 $1,370 Court’s jurisdiction
2007 No 291
Land and Environment Court Amendment (Fees) Regulation 2007
| Amendment | Schedule 1 |
Column 1 Column 2 Column 3 Matter for which fee payable Standard Corporation fee fee 9 Filing an originating process in Class 5 of the $685 Court’s jurisdiction 10 Filing an originating process in Class 6 or 7 of $685 the Court’s jurisdiction 11 Filing a process to commence an appeal to the
$1,600 $3,200 Court under section 56A of the Land and
Environment Court Act 197912 Filing a notice of motion
$158 $316 13 Issuing a subpoena (for production, to give
$61 $122 evidence, or both) 14 Receipt by the clerk of the Court of a document
$61 $122 or thing produced in compliance with a notice
to produce under Part 36, rule 16, of the
Supreme Court Rules 1970 (as applied by the
Land and Environment Court Rules 1996)15 Filing or registering a copy or certificate of a
$69 $138 judgment, order, determination, decree,
adjudication or award of any other court or
person16 Opening, or keeping open, the office of the
$540 $1,080 registrar:
(a)
on a Saturday, Sunday or public holiday, or
(b)
on any other day before 8.30 am or after 5 pm
17 Requesting production to the Court of $46 $92 documents held by another court 18 Furnishing a sealed or certified copy of the $46 written opinion or reasons for opinion of a the Court
Note. A party to proceedings before the Court is entitled to one copy of the opinion or reasons for opinion without charge.
2007 No 291
Land and Environment Court Amendment (Fees) Regulation 2007
| Schedule 1 | Amendment |
Column 1 Column 2 Column 3 Matter for which fee payable Standard Corporation fee fee 19 Retrieving, providing access to and furnishing a $10, plus $5 copy of any document (otherwise than as for each 10 provided for by item 18)
pages (or part thereof) after the first 20
pages 20 Retrieving a document from archival storage $28 per
document21 Supplying a duplicate tape recording of $38 per sound-recorded evidence cassette 22 Supplying a transcript of any proceedings: (a) where the matter being transcribed is $70, plus an under 3 months old additional
$8.50 for each
page after the
first 8 pages(b) where the matter being transcribed is 3 $85, plus an months old or older additional
$9.70 for each
page after the
first 8 pages23 Production of a document, by an officer of the $57 Court, elsewhere than at the place at which the the registrar
24 Providing any service for which a fee is not
$32 $64 otherwise imposed by this Schedule
BY AUTHORITY
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