20 Class 4—environmental planning and protection and development contract civil enforcement
(1) The Court has jurisdiction (referred to in this Act as “Class 4” of its jurisdiction) to hear and dispose of the following:(a) proceedings under section 44 or 153 of the Heritage Act 1977,(aa) proceedings under section 282 of the Fisheries Management Act 1994,(b) proceedings referred to in section 35 of the Environmental Planning and Assessment Act 1979,(ba) proceedings under section 10 of the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986,(bb) proceedings under section 18 of the Ozone Protection Act 1989,(c) proceedings under section 123 of the Environmental Planning and Assessment Act 1979,(ca) proceedings under section 57 of the Environmentally Hazardous Chemicals Act 1985,(caa) proceedings under Division 6 of Part 3, Part 7 and section 96 of the Contaminated Land Management Act 1997,(cb) proceedings under section 96 of the Pesticides Act 1999,(cbb) proceedings under section 108 of the Pesticides Act 1999,(cc) proceedings under section 69S (Civil enforcement of certain conditions of approval) of the Forestry Act 2012,(cd) proceedings under section 60B of the Pipelines Act 1967,(ce) proceedings referred to in section 69G of the National Parks and Wildlife Act 1974,(cf) proceedings under section 91H of the National Parks and Wildlife Act 1974,(cg) proceedings under section 176A of the National Parks and Wildlife Act 1974,(cga) proceedings under sections 127L and 127O of the Threatened Species Conservation Act 1995,(ch) proceedings under section 27 of the Wilderness Act 1987,(ci) proceedings under Part 8.4 of the Protection of the Environment Operations Act 1997,(cia) proceedings under sections 247 and 307 of the Protection of the Environment Operations Act 1997,(cj) proceedings that have been transferred to the Court under section 149B of the Civil Procedure Act 2005 (transferred civil proceedings),(cja) proceedings under section 100H of the Rural Fires Act 1997,(ck) proceedings under section 147 of the Threatened Species Conservation Act 1995,(cl), (cm) (Repealed)(cn) proceedings under clauses 15–18 of Schedule 2 to the Rural Lands Protection Act 1998,(d) proceedings under sections 673 and 674 of the Local Government Act 1993,(da) applications under section 17 of the Restricted Premises Act 1943,(db) proceedings under section 15D of the Mine Subsidence Compensation Act 1961,(dc) proceedings under section 30 of the Swimming Pools Act 1992,(dd) proceedings under Division 5 of Part 7 of the Aboriginal Land Rights Act 1983,(de) proceedings under section 41 of the Native Vegetation Act 2003,(df) (Repealed)(df1) proceedings under sections 335 and 336 of the Water Management Act 2000,(dg) proceedings under the Nature Conservation Trust Act 2001,(dh) proceedings under section 57 or 60 of the Plantations and Reafforestation Act 1999,(di) proceedings under section 40 of the Plumbing and Drainage Act 2011,(e) proceedings referred to in subsection (2).(2) The Court has the same civil jurisdiction as the Supreme Court would, but for section 71, have to hear and dispose of the following proceedings:(a) to enforce any right, obligation or duty conferred or imposed by a planning or environmental law or a development contract,(b) to review, or command, the exercise of a function conferred or imposed by a planning or environmental law or a development contract,(c) to make declarations of right in relation to any such right, obligation or duty or the exercise of any such function,(d) whether or not as provided by section 68 of the Supreme Court Act 1970—to award damages for a breach of a development contract.(2A) The Court has jurisdiction to hear and dispose of proceedings referred to in subsection (1) (dd).(3) For the purposes of subsection (2), a planning or environmental law is:(a) any of the following Acts or provisions:Aboriginal Land Rights Act 1983 (other than Division 5 of Part 7),
Part 5A or 5B of the Forestry Act 2012,
Part 2 of Chapter 6, Chapter 7 or Chapter 15 of the Local Government Act 1993,
Schedule 3 to the Miscellaneous Acts (Planning) Repeal and Amendment Act 1979,
Part 5 of the Olympic Co-ordination Authority Act 1995,
Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986,
(b) any statutory instrument made or having effect thereunder or made for the purposes thereof, including any deemed environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979,(c) (Repealed)as respectively in force at any time, whether before, on or after 1 September 1980.(3A) The Court (constituted by a Judge) may, by order, declare that any proceedings in the Court that it considers to be related or ancillary to transferred civil proceedings are to be dealt with together with the transferred civil proceedings. In the event of such an order being made, the proceedings that are the subject of the declaration may be dealt with under this Act as if they belonged to Class 4 of the Court’s jurisdiction even if they belong to a different class of the Court’s jurisdiction.(4) Subject to any adaptations prescribed by the rules, the provisions of the Supreme Court Act 1970, the Civil Procedure Act 2005 and the rules made under those Acts apply to the enforcement of a judgment or order of the Court in the same way as they apply to the enforcement of a judgment or order of the Supreme Court.(5) In this section, development contract means an agreement implied by section 15 of the Community Land Management Act 1989, section 28I of the Strata Schemes (Freehold Development) Act 1973 or section 49 of the Strata Schemes (Leasehold Development) Act 1986.