New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979

- As at 3 April 2024 
- Act 204 of 1979 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions

   PART 2 - CONSTITUTION OF THE COURT

           Division 1 - Constitution

   5.      Constitution of the Court
   6.      Single Judge to constitute the Court

           Division 2 - The Judges

   7.      Composition of the Court
   8.      Appointment and qualifications of Judges
   9.      Remuneration etc
   10.     Acting Chief Judge
   11.     Acting Judges
   11A.    Supreme Court Judges may act as Land and Environment Court Judges

           Division 3 - Commissioners

   12.     Commissioners
   13.     Acting Commissioners
   14.     Disqualification of Commissioners

           Division 4 - Other officers of the Court

   15.     Appointment of other officers

   PART 3 - JURISDICTION OF THE COURT

           Division 1 - General

   16.     Jurisdiction of the Court generally
   17.     Class 1--environmental planning and protection appeals
   18.     Class 2--local government and miscellaneous appeals and applications
   19.     Class 3--land tenure, valuation, rating and compensation matters
   20.     Class 4--environmental planning and protection, development contract and strata renewal plan civil enforcement
   21.     Class 5--environmental planning and protection summary enforcement
   21A.    Class 6--appeals from convictions relating to environmental offences
   21B.    Class 7--other appeals relating to environmental offences
   21C.    Class 8--mining matters
   22.     Determination of matter completely and finally
   23.     Making of orders

           Division 2 - Claims for compensation

   24.     Claim for compensation in compulsory acquisition cases
   25.     Determination of estate, interest and amount

           Division 3 - Orders of conditional validity for certain development consents

   25A.    Application of Division
   25B.    Orders for conditional validity of development consents
   25C.    Orders for validity of development consents
   25D.    Power to grant another development consent
   25E.    Duty of Court

   PART 4 - EXERCISE OF JURISDICTION
   Divisions 1, 2 - (Repealed)
   None

           Division 3 - Organisation generally

   29.     Sittings of the Court
   30.     Arrangement of business of the Court
   31.     Irregularity of proceedings
   32.     (Repealed)
   33.     Exercise of jurisdiction generally

           Division 4 - Special provisions respecting Class 1, 2 or 3 proceedings

   34.     Conciliation conferences
   34AA.   Mandatory conciliation and arbitration
   34A.    Proceedings to which on-site hearing procedures apply
   34B.    Arrangements for dealing with on-site hearing matters
   34C.    Arrangements for dealing with court hearing matters
   34D.    Site inspections in court hearing matters
   35.     Inquiries by Commissioners
   36.     Delegation to Commissioners
   37.     Commissioners sitting with a Judge
   38.     Procedure
   39.     Powers of Court on appeals
   39A.    (Repealed)
   40.     Additional powers of Court--provision of easements

           Division 5 - Special provisions respecting Class 5 proceedings (summary jurisdiction)

   41.     Application of Criminal Procedure Act 1986

           Division 6 - Special provisions respecting Class 8 proceedings (mining matters)

   41A.    Mandatory conciliation and arbitration
   42.     Delegation to Commissioners
   43.     Commissioners sitting with a Judge
           44-55. (Repealed)

   PART 5 - APPEALS FROM THE COURT

           Division 1 - General

   56.     Nature of decision of the Court

           Division 2 - Class 1-4 proceedings

   56A.    Class 1, 2, 3 and 8 proceedings--appeals to the Court against decisions of Commissioners
   57.     Class 1, 2, 3 and 8 proceedings--appeals
   58.     Class 4 proceedings--appeals
   59.     Suspension of operation of order etc
   60.     Termination of suspension
   61.     Manner in which appeals to the Court to be made

   PART 5A - (Repealed)
   None

   PART 6 - MISCELLANEOUS

   62.     Proceedings in open court
   63.     Right of appearance
   64.     Appearance by the Crown
   65.     Issue of process
   66.     Judicial notice of certain signatures
   67.     Powers of the Court as to the production of evidence
   67A.    Disrespectful behaviour in Court
   68.     Amendments and irregularities
           69-70. (Repealed)
   71.     Proceedings in Supreme Court
   72.     Transfer of proceedings from Supreme Court
   73.     Proceedings after transfer
   74.     Rules
   75.     Court may dispense with rules in particular cases
   76.     Practice notes
   77.     Court may give directions in circumstances not covered by rules
   77A.    Forms
   78.     Regulations
   79.     Savings, transitional and other provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3