Contents (1979 - 204)
Land and Environment Court Act 1979 No 204
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 (Repealed)
4 Definitions

Part 2 Constitution of the Court

Division 1 Constitution

5 Constitution of the Court
6 Single Judge to constitute the Court

Division 2 The Judges

7 Composition of the Court
8 Appointment and qualifications of Judges
9 Remuneration etc
10 Acting Chief Judge
11 Acting Judges

Division 3 Commissioners

12 Commissioners
13 Acting Commissioners
14 Disqualification of Commissioners

Division 4 Other officers of the Court

15 Appointment of other officers

Part 3 Jurisdiction of the Court

Division 1 General

16 Jurisdiction of the Court generally
17 Class 1—environmental planning and protection appeals
18 Class 2—local government and miscellaneous appeals and applications
19 Class 3—land tenure, valuation, rating and compensation matters
20 Class 4—environmental planning and protection and development contract civil enforcement
21 Class 5—environmental planning and protection summary enforcement
21A Class 6—appeals from convictions relating to environmental offences
21B Class 7—other appeals relating to environmental offences
22 Determination of matter completely and finally
23 Making of orders

Division 2 Claims for compensation

24 Claim for compensation in compulsory acquisition cases
25 Determination of estate, interest and amount

Division 3 Orders of conditional validity for certain development consents

25A Application of Division
25B Orders for conditional validity of development consents
25C Orders for validity of development consents
25D Power to grant another development consent
25E Duty of Court

Part 4 Exercise of jurisdiction

Division 1 Divisions of the Court

26 Divisions of the Court

Division 2 Distribution of business among the Divisions of the Court

27 Arrangements for despatch of business
28 Distribution of business among the Divisions

Division 3 Organisation generally

29 Sittings of the Court
30 Arrangement of business of the Court
31 Transfer and retention
32 Validity of proceedings in any Division
33 Exercise of jurisdiction in the Divisions

Division 4 Special provisions respecting Class 1, 2 or 3 proceedings

34 Preliminary conferences
34A Class 1 proceedings under sec 97 of Environmental Planning and Assessment Act 1979
34B Arrangements for dealing with on-site hearing matters
34C Arrangements for dealing with court hearing matters
34D Site inspections in court hearing matters
35 Inquiries by Commissioners
36 Delegation to Commissioners
37 Commissioners sitting with a Judge
38 Procedure
39 Powers of Court on appeals
39A Joinder of parties in certain appeals
40 Additional powers of Court—provision of easements

Division 5 Special provisions respecting Class 5 proceedings (summary jurisdiction)

41 Application of Criminal Procedure Act 1986
42–55 (Repealed)

Part 5 Appeals from the Court

Division 1 General

56 Nature of decision of the Court

Division 2 Class 1–4 proceedings

56A Class 1, 2 and 3 proceedings—appeals to the Court against decisions of Commissioners
57 Class 1, 2 and 3 proceedings—appeals
58 Class 4 proceedings—appeals
59 Suspension of operation of order etc
60 Termination of suspension
61 Rules

Part 5A Mediation and neutral evaluation

61A Purpose of Part
61B Meaning of “mediation” and “neutral evaluation”
61C Other definitions
61D Referral by Court
61E Mediation and neutral evaluation to be voluntary
61F Costs of mediation and neutral evaluation
61G Agreements and arrangements arising from mediation sessions
61H Mediators and evaluators
61I Privilege
61J Secrecy
61K Exoneration from liability for listed mediators and evaluators
61L Regulations for the purposes of this Part

Part 6 Miscellaneous

62 Proceedings in open court
63 Right of appearance
64 Appearance by the Crown
65 Issue of process
66 Judicial notice of certain signatures
67 Powers of the Court as to the production of evidence
68 Amendments and irregularities
69 Costs
69A Interest payable on money ordered to be paid
70 Vexatious litigant
71 Proceedings in Supreme Court
72 Transfer of proceedings from Supreme Court
73 Procedure on transfer
74 Rules
75–77 (Repealed)
78 Regulations
79 Savings, transitional and other provisions

 Schedule 1 The Commissioners

 Schedule 2

 Schedule 3 Savings, transitional and other provisions

Historical notes