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LAND AND ENVIRONMENT COURT ACT 1979 - SECT 30
Arrangement of business of the Court
30 Arrangement of business of the Court
(1) The Chief Judge is responsible for ensuring the orderly and expeditious
discharge of the business of the Court and accordingly may, subject to this
Act and to such consultation with the Judges as is appropriate and
practicable, make arrangements as to-- (a) the Judge, Commissioner or
Commissioners who is or are to exercise the Court's jurisdiction in particular
matters or classes of matters, and
(b) the Commissioner or Commissioners who
is or are to exercise any other function under this Act.
(2) Subject to
subsections (2A), (2B) and (2C), in determining the Commissioner or
Commissioners who is or are to exercise the jurisdiction of the Court or any
other function under this Act in relation to any proceedings, regard shall be
had to the knowledge, experience and qualifications of the Commissioners and
to the nature of the matters involved in the proceedings.
(2A) A Commissioner
shall not exercise the jurisdiction of the Court or any other function under
this Act in relation to any proceedings arising under the
Aboriginal Land Rights Act 1983 , unless the Commissioner has a qualification
referred to in section 12(2)(g).
(2B) A Commissioner whose only qualification
under section 12(2) or (2AA) is a qualification referred to in
section 12(2)(g) shall not exercise the jurisdiction of the Court or any other
function under this Act in relation to any proceedings other than proceedings
arising under the Aboriginal Land Rights Act 1983 .
(2C) A Commissioner
shall not exercise the jurisdiction of the Court or any other function under
this Act in relation to proceedings in Class 8 of the Court's jurisdiction
unless the Commissioner is an Australian lawyer.
(3) Where the hearing of any
proceedings has been commenced or completed by 2 or more Commissioners in
accordance with section 36 but, before the proceedings have been disposed of,
one of those Commissioners has ceased to be a Commissioner or has ceased to be
available for the purposes of the proceedings-- (a) if the parties agree and
the Chief Judge concurs, the proceedings may be heard and disposed of, or
disposed of, by the remaining Commissioner or Commissioners, or
(b) in any
other case--the proceedings shall be reheard in accordance with this Act.
(4)
Where proceedings are reheard, as referred to in subsection (3), the Court or
the Commissioner or Commissioners rehearing the proceedings may, for the
purposes of those proceedings, have regard to any record of the proceedings
before the Commissioners referred to in that subsection, including a record of
any evidence taken in the proceedings.
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