New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 57

57 Class 1, 2, 3 and 8 proceedings--appeals

(1) A party to proceedings in Class 1, 2, 3 or 8 of the Court's jurisdiction may appeal to the Supreme Court against an order or decision (including an interlocutory order or decision) of the Court on a question of law.

(2) On the hearing of an appeal under subsection (1), the Supreme Court shall--

(a) remit the matter to the Court for determination by the Court in accordance with the decision of the Supreme Court, or

(b) make such other order in relation to the appeal as seems fit.

(3) Despite subsection (1), an appeal does not lie to the Supreme Court against an order or decision of the Court that has been made by a Commissioner or Commissioners, other than a decision of the kind referred to in subsection (4)(a) or (b).

(4) Despite subsection (1), an appeal does not lie to the Supreme Court against any of the following orders or decisions of the Court except by leave of the Supreme Court--

(a) a decision on a question of law determined by a judge pursuant to a reference under section 36(5),

(b) a decision of a Commissioner or Commissioners made after a judge's determination referred to in paragraph (a), where the judge's determination is itself the subject of an appeal to the Supreme Court,

(c) an order or decision made on an appeal under section 56A,

(d) an interlocutory order or decision,

(e) an order made with the consent of the parties,

(f) an order or decision as to costs.