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
1 Name of Regulation
This Regulation is the Land and Environment Court Regulation 2005.
2 Commencement
This Regulation commences on 1 July 2005.Note—This Regulation repeals and replaces the Land and Environment Court Regulation 2000 which would otherwise be repealed on 1 September 2005 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:corporation has the same meaning as in section 57A of the Corporations Act 2001 of the Commonwealth.the Act means the Land and Environment Court Act 1979.(2) Notes included in this Regulation do not form part of this Regulation.
4 Fees generally
(1) The fees to be taken in respect of the matters set out in Schedule 1 are the fees specified in that Schedule.(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.
5 Persons by and to whom fees payable
(1) A fee charged under this Regulation for a document or service is payable to the registrar by the person at whose request the document is filed or the service rendered.(2) If a document is filed or a service rendered at the request of a person acting as an agent for another person, each of those persons is jointly and severally liable for payment of the fee.(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.
6 Fee not chargeable for transcript—appeal to Court of Criminal Appeal
No fee is chargeable to a person convicted of an offence in proceedings before the Court for a transcript or diskette of the proceedings if:(a) the person has filed a notice of appeal, notice of intention to appeal, notice of application for leave to appeal or notice of intention to apply for leave to appeal with the Court of Criminal Appeal against the conviction or a sentence imposed by the Court in respect of the conviction, or(b) the person is a respondent to an appeal against such a sentence.
7 Postponement or waiver of fees in certain cases
(1) The taking of the fee for filing initiating process to commence proceedings in any Class of the Court’s jurisdiction is to be postponed until judgment is given in the proceedings if the process is filed by or on behalf of:(a) a pro bono party to the proceedings, or(b) a pensioner party to the proceedings, or(c) a legally assisted party to the proceedings.(2) The fee is not to be taken at all, or if taken must be remitted, if, in relation to the proceedings:(a) judgment is against the party concerned, or(b) judgment is in favour of that party, but costs are not awarded in his or her favour.(3) Despite clause 8 (2), the registrar must not refuse to file or issue any document, or render a service, relevant to proceedings merely because, in accordance with this clause, a fee has not been taken for the filing of any initiating process on behalf of a pro bono party, a pensioner party or a legally assisted party to the proceedings concerned.(4) For the purposes of this clause:(a) a party to proceedings is a pro bono party if he or she is being represented under the pro bono scheme of the Law Society of New South Wales or the pro bono scheme of the New South Wales Bar Association and a legal practitioner acting for the party:(i) certifies in writing to the registrar on behalf of the party that the party is being so represented, and(ii) undertakes in writing to the registrar to pay the filing fee for that document if, at the conclusion of the proceedings, subclause (2) does not apply, and(b) a party to proceedings is a pensioner party if he or she is the holder of any card issued by the Commonwealth Government that entitles the holder to Commonwealth health concessions, 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 or section 240 of the Legal Profession Act 2004.
8 When fees payable
(1) A fee charged under this Regulation becomes payable when the document concerned is filed or the service concerned is rendered.(2) However, the registrar:(a) may require a fee for the document or service to be paid before the document is filed or the service rendered, or(b) may, by order in writing, direct that the whole or any part of such a fee be postponed, waived or remitted, subject to such conditions (if any) as the registrar thinks fit to impose.(3) The registrar may delegate his or her power under this clause to direct that the whole or any part of any fee be postponed to any public servant holding office as, or appointed to act temporarily as, a grade 5/6 administrative or clerical officer or above.(4) The registrar may delegate his or her power under this clause to direct that the whole or any part of any fee be waived or remitted to any public servant holding office as, or appointed to act temporarily as, a grade 7/8 administrative or clerical officer or above.(5) A reference in subclause (2) to the registrar includes a reference to a person to whom the registrar delegates his or her powers in accordance with this clause.(6) This clause is subject to clause 7.
9 Repeal and saving
(1) The Land and Environment Court Regulation 2000 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Land and Environment Court Regulation 2000, had effect under that Regulation is taken to have effect under this Regulation.
Schedule 1 Court fees
(Clause 4)
$ | ||
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) | 639.00 |
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 | 188.00 | |
(b) is $50,000 or more but less than $500,000 | 639.00 | |
(c) is $500,000 or more but less than $1,000,000 | 2,914.00 | |
(d) is $1,000,000 or more | 3,640.00 | |
3 | Filing a process to commence proceedings in Class 1 of the Court’s jurisdiction where the matter relates to an appeal under section 96AA or 98 of the Environmental Planning and Assessment Act 1979 | 188.00 |
4 | Filing a process to commence proceedings in Class 2 of the Court’s jurisdiction (other than proceedings referred to in item 5) | 639.00 |
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 | 188.00 |
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) | 639.00 |
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, the Water Management Act 2000 or the Western Lands Act 1901 | 90.00 |
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 | 165.00 | |
(b) is $100,000 or more but less than $500,000 | 223.00 | |
(c) is $500,000 or more but less than $1,000,000 | 353.00 | |
(d) is $1,000,000 or more | 500.00 | |
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 | 188.00 | |
(b) is $50,000 or more but less than $500,000 | 639.00 | |
(c) is $500,000 or more but less than $1,000,000 | 2,914.00 | |
(d) is $1,000,000 or more | 3,640.00 | |
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 | 90.00 |
11 | Filing a process to commence proceedings in Class 4 of the Court’s jurisdiction | 639.00 |
12 | Filing a process to commence proceedings in Class 5 of the Court’s jurisdiction | 639.00 |
13 | Filing a process to commence proceedings in Class 6 or 7 of the Court’s jurisdiction | 188.00 |
14 | Filing a process to commence an appeal to the Court under section 56A of the Land and Environment Court Act 1979 | 777.00 |
15 | Filing a process to commence proceedings for modification of a development consent, or for modification of an approval, granted by the Court on appeal | 116.00 or 30% of the original filing fee paid to the Court (whichever is the greater) |
16 | 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 | 53.00 |
17 | 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 transcribed is under 3 months old | 7.90 | |
| ||
(b) for each page (or equivalent) where the matter being transcribed is 3 months old or older | 9.00 | |
| ||
(c) for each diskette also supplied (in addition to fee under paragraph (a) or (b)) | 5.40 | |
19 | 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 | 50.00 |
20 | 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 | 50.00 |
21 | Opening, or keeping open, the office of the registrar: (a) on a Saturday, Sunday or public holiday, or (b) on any other day before 8.30 am or after 5 pm | 506.00 |
22 | Supplying a duplicate tape recording of sound-recorded evidence, for each cassette | 43.00 |
23 | To issue a subpoena (for production, to give evidence, or both) | 114.00 (in the case of a corporation) or 57.00 (in any other case) |
24 | Retrieving a document from archival storage, for each document | 26.00 |