3.10   Court functions not exercisable by Commissioners

(1)  The following functions of the Court are not exercisable by a Commissioner dealing with proceedings pursuant to a direction under section 36 of the Act:

(a)  the functions conferred on the Court by any of the following provisions of the Civil Procedure Act 2005:

(i)  section 61 (3) (f) (the power to order a party that has failed to comply with a direction given by the Court to pay the whole or any part of another party’s costs),

(ii)  section 71 (the power to order that proceedings be conducted in the absence of the public),

(iii)  section 97 (the power to issue a warrant for the arrest of a person who has failed to comply with an order for the person’s attendance at court or for the production of any document or thing),

(iv)  section 98 (the power to make general orders as to costs),

(v)  section 99 (the power to make orders as to costs in relation to a legal practitioner’s neglect, incompetence or misconduct),

(vi)  section 149C (the power to vary or revoke an order made by the Supreme Court in relation to proceedings transferred from that Court to the land and Environment Court),

(b)  the functions conferred on the Court by any of the following provisions of the Uniform Civil Procedure Rules 2005:

(i)  rule 1.8 (the power to determine any question arising under the rules),

(ii)  Part 24 (the power to take evidence otherwise than at trial),

(iii)  Part 25 (the power to make orders with respect to the preservation of property),

(iv)  Division 2 of Part 40 (enforcement of judgments and orders),

(v)  Part 42 (the power to make orders as to costs),

(vi)  Part 43 (the power to hear interpleader proceedings),

(vii)  Divisions 4 and 5 of Part 49 (the power to review decisions of the Registrar),

(c)  the functions of the Court under Part 55 of the Supreme Court Rules 1970, as applied by rule 3.9 (powers in relation to contempt).

(2)  Nothing in this rule prevents a Commissioner from making an order as to costs pursuant to the requirements of section 97B (2) of the Environmental Planning and Assessment Act 1979.