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LAND AND ENVIRONMENT COURT ACT 1979 - SECT 36
Delegation to Commissioners
36 Delegation to Commissioners
(1) Where proceedings are pending in Class 1, 2 or 3 of the Court's
jurisdiction (other than proceedings that are being dealt with under
section 34A or 40), the Chief Judge-- (a) except as provided by paragraph (b)
or subsection (1B), may, of the Chief Judge's own motion or on the request of
a party, direct that the proceedings be heard and disposed of by one or more
Commissioners, and
(b) shall, where the proceedings are proceedings-- (i)
arising under the Aboriginal Land Rights Act 1983 , and
(ii) of a kind
specified in Schedule 2,
direct that the proceedings be heard and disposed of
by a Commissioner.
(1A) The Governor may, by regulation, amend Schedule 2
by-- (a) adding thereto any matter,
(b) altering any matter therein, or
(c)
omitting any matter therefrom,
or may, by regulation, omit the Schedule and
insert instead a new Schedule.
(1B) The Chief Judge may not direct under this
section that proceedings under section 29, 30 or 31 of the Access to
Neighbouring Land Act 2000 are to be heard and disposed of by one or more
Commissioners.
(2) Subject to this Act and the rules, the Commissioner or
Commissioners hearing and disposing of the proceedings pursuant to this
section shall have and may exercise the functions of the Court (other than its
functions under this section).
(3) The decision of the Commissioner or
Commissioners shall be deemed to be the decision of the Court.
(4) Where
proceedings are directed to be heard and disposed of by 2 or more
Commissioners-- (a) if the Senior Commissioner is one of the Commissioners
hearing and disposing of the proceedings--the Senior Commissioner shall
preside at the hearing of the proceedings,
(b) if the Senior Commissioner is
not one of those Commissioners--one of those Commissioners directed to do so
by the Chief Judge shall preside at the hearing, and
(c) if the Commissioners
are divided in opinion as to the decision to be made on any question-- (i) if
there is a majority of the one opinion--the question shall be decided
according to the opinion of the majority, or
(ii) in any other case--the
question shall be decided according to the opinion of the Commissioner
presiding.
(5) Proceedings that are before a Commissioner under section 34,
or under this section, may be referred or removed for hearing and
determination by a Judge in the same way as proceedings before an associate
Judge may be referred or removed for hearing and determination by a Judge in
the Supreme Court.
(6) The power of a Commissioner to refer proceedings
pursuant to subsection (5) is subject to any contrary order of the
Chief Judge.
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