South Australia
Environment, Resources and Development Court Regulations 2005
under the Environment, Resources and Development Court Act 1993

Contents
1	Short title
2	Commencement
3	Interpretation
4	Commonwealth Minister to be consulted about appointment of native title commissioners
5	Interest rate
6	Fees
Schedule 1—Fees in general jurisdiction
Schedule 2—Fees in proceedings involving native title
Schedule 3—Revocation of regulations
1	Revocation of Environment, Resources and Development Court Regulations 1993
2	Revocation of Environment, Resources and Development Court (Native Title) Regulations 1995

1—Short title
These regulations may be cited as the Environment, Resources and Development Court Regulations 2005.
2—Commencement
These regulations will come into operation on 1 July 2005.
3—Interpretation
In these regulations—
Act means the Environment, Resources and Development Court Act 1993.
4—Commonwealth Minister to be consulted about appointment of native title commissioners
For the purposes of section 10(2b) of the Act, the Minister for Aboriginal and Torres Strait Islander Affairs for the Commonwealth is designated as the Commonwealth Minister.
5—Interest rate
For the purposes of section 40(1) of the Act, the prescribed rate of interest is 10 per cent per annum.
6—Fees
	(1)	The fees set out in Schedule 1 are payable to the Court for proceedings before the Court (other than proceedings involving a native title question or criminal proceedings).
	(2)	The fees set out in Schedule 2 are payable to the Court for proceedings before the Court involving a native title question.
	(3)	The fees that are payable for criminal proceedings before the Court will be the fees that are from time to time set under the Magistrates Court Act 1991 for the purposes of proceedings in the Criminal Division of the Magistrates Court.

Schedule 1—Fees in general jurisdiction

1	On filing or lodging any application or initiating any appeal or other proceedings, other than—
	(a)	an interlocutory application under the rules of the Court; or
	(b)	an application that relates to a building dispute to which section 86(5) of the Development Act 1993 applies; or
	(c)	an application to the Court for a consent judgment		$72.50	
2	On an application by a party to proceedings for the issue of a summons		$28.00	
3	Court fee payable by an applicant where the application relates to a building dispute to which section 86(5) of the Development Act 1993 applies		$220.00	
4	Court fee payable by the applicant or appellant if a matter proceeds to a hearing		$147.00	
5	For each request to inspect any material under section 47(1) of the Act		$9.80	
6	For a copy of a transcript of evidence		$5.00 per page	
7	Except where clause 8 applies, for a copy of any documentary material admitted into evidence		$5.00 per page	
8	For a copy of any photograph, map, plan or other document which is greater than A4 in size		$5.00 per page, or the actual cost of copying, whichever is the greater	
9	For a copy of any decision or order given or made by the Court		$5.00 per page	
	Note—
A party to proceedings is entitled to 1 copy of any decision or order given or made by the Court without charge.			
10	For a copy of any other document for which a fee has not been fixed under any other clause		$2.30 per page	
11	For opening Registry (or Registry remaining open) after hours for urgent execution of process		$72.50 per hour or part of an hour	

Schedule 2—Fees in proceedings involving native title

1—Applications or notices commencing proceedings			
	On filing or lodging an application or initiating an appeal commencing proceedings involving a native title question other than a request for mediation	$404.00	
	Examples—
	(a)	an application for registration of a claim to native title in land
	(b)	an application for a native title declaration
	(c)	an application for variation or revocation of a native title declaration
	(d)	an application for a summary determination authorising mining operations on native title land (including under the expedited procedure)
	(e)	an appeal against a decision of the Minister to prohibit registration of a native title mining agreement
	(f)	an application for a determination of the Court made under an Act authorising a person to enter native title land and carry out operations on the land or to acquire native title land
	(g)	an application for review of compensation provisions of determination following native title declaration		
2—Other applications			
	On filing or lodging any other application in proceedings involving a native title question	$28.00	
3—Inspection and copies of evidentiary material			
		(a)	for each request to inspect material under section 47(1) of the Act	$9.80	
		(b)	for a copy of a transcript of evidence, documentary material admitted into evidence, or a decision or order of the Court supplied under section 47(3) of the Act		
		(i)	per A4 page (or smaller)	$5.00	
		(ii)	per page that is greater in size than A4	$5.00 or the actual cost of copying (whichever is the greater)	
		(c)	for a copy of any other document for which a fee has not been charged under paragraph (b)	$2.30 per page	
	Note—
A party to proceedings is entitled to 1 copy of any decision or order given or made by the Court without charge.		
4—Opening Registry after hours			
	For opening a Registry, or a Registry remaining open, after hours for urgent execution of process	$72.50 per hour or part of an hour	

Schedule 3—Revocation of regulations
1—Revocation of Environment, Resources and Development Court Regulations 1993
The Environment, Resources and Development Court Regulations 1993 are revoked.
2—Revocation of Environment, Resources and Development Court (Native Title) Regulations 1995
The Environment, Resources and Development Court (Native Title) Regulations 1995 are revoked.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 26 May 2005
No 103 of 2005
AGO0075/05CS