New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 12

12 Commissioners

(1) The Governor may appoint any qualified person to be a Commissioner of the Court.

(2) A person is qualified to be appointed as a Commissioner if the person has, in the opinion of the Minister--

(a) special knowledge of and experience in the administration of local government or town planning,

(b) suitable qualifications and experience in town or country planning or environmental planning,

(c) special knowledge of and experience in environmental science or matters relating to the protection of the environment and environmental assessment,

(d) special knowledge of and experience in the law and practice of land valuation,

(e) suitable qualifications and experience in architecture, engineering, surveying or building construction,

(f) special knowledge of and experience in the management of natural resources or the administration and management of Crown lands, lands acquired under the Closer Settlement Acts and other lands of the Crown, or

(g) suitable knowledge of matters concerning land rights for Aborigines and qualifications and experience suitable for the determination of disputes involving Aborigines, or

(h) special knowledge of and experience in urban design or heritage.

(2AA) A person is also qualified to be appointed as a Commissioner if the person is an Australian lawyer.

(2AB) In appointing Commissioners, the Minister should ensure, as far as practicable, that the Court is comprised of persons who hold qualifications across the range of areas specified in subsections (2) and (2AA).

(2AC) While exercising the jurisdiction of the Court or any other function under this Act in relation to proceedings in Class 8 of the Court's jurisdiction, a Commissioner may be called a "Commissioner for Mining".

(2A) A person may be appointed as a full-time Commissioner or a part-time Commissioner.

(2B) A person appointed as a part-time Commissioner is guilty of misbehaviour if, during the term of his or her appointment, the person appears as an expert witness, or acts as the representative of any party, in proceedings before the Court.

(2C) A person appointed as a Commissioner may, despite the expiration of the term of the person's appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard or partly heard, or a conciliation conference that has been presided over or partly presided over, by the person before the expiration of that term.

(2D) While a person completes or otherwise continues under subsection (2C) to deal with any matters relating to proceedings that have been heard or partly heard by the person, or conciliation conferences that have been presided over or partly presided over, before the expiration of the term of the person's appointment, the person has all the entitlements and functions of a Commissioner and, for the purpose of those proceedings or conferences, is taken to continue to be a Commissioner.

(3) One of the full-time Commissioners may, by the instrument of the Commissioner's appointment or by a subsequent instrument, be appointed to be Senior Commissioner.

(4) Schedule 1 has effect in respect of the Commissioners.