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LAND AND ENVIRONMENT COURT ACT 1979 - SECT 42
Delegation to Commissioners
42 Delegation to Commissioners
(1) Where proceedings are pending in Class 8 of the Court's jurisdiction, the
Chief Judge 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.
(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, and
(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
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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