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Contents (1979 - 204)
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Land and Environment Court Act 1979 No 204
Current version for 7 December 2019 to date (accessed 6 April 2020 at 14:12)
Schedule 3
Schedule 3 Savings, transitional and other provisions
(Section 79)
Part 1 General
1A   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
Courts Legislation Amendment Act 2007, but only in relation to the amendments made to this Act
Courts and Crimes Legislation Further Amendment Act 2008, but only in relation to the amendments made to this Act
Courts and Other Legislation Further Amendment Act 2011 (but only to the extent it amends this Act)
any other Act that amends this Act
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of other Acts
1   Provisions consequent on enactment of Courts Legislation Amendment Act 1997
Section 52, as amended by the Courts Legislation Amendment Act 1997, does not apply to or in respect of any conviction or order arising out of proceedings determined before the commencement of Schedule 4 to that Act.
2   Provisions consequent on enactment of Courts Legislation Further Amendment Act 1998
(1)  In this clause, amending Act means the Courts Legislation Further Amendment Act 1998.
(2)  A person appointed as an assessor immediately before the commencement of Schedule 6[3] to the amending Act is taken to be duly appointed as a Commissioner under section 12 for the balance of the term of his or her appointment.
(3)  The person appointed as senior assessor immediately before the commencement of Schedule 6[3] to the amending Act is taken to be duly appointed as Senior Commissioner under section 12(3).
(4)  On and from the commencement of Schedule 6[3] to the amending Act, a reference in any other Act or any instrument to an assessor of the Land and Environment Court is taken to be a reference to a Commissioner.
3   Provisions consequent on enactment of Courts Legislation Amendment Act 1999
The amendments made to sections 19 and 20 by the Courts Legislation Amendment Act 1999 do not apply in relation to proceedings that have been commenced in the Court (but not determined) before the commencement of those amendments.
4   Provision consequent on enactment of Land and Environment Court Amendment Act 2002
Section 40, as substituted by the Land and Environment Court Amendment Act 2002, extends to proceedings before the Court at the time the section, as substituted, commences.
5   Provision consequent on enactment of Courts Legislation Further Amendment Act 2002
Anything that was done or omitted to be done on or after 1 July 2002 and before the commencement of the amendment made by Schedule 2 to the Courts Legislation Further Amendment Act 2002, and that would have been valid if that amendment had been in force when the thing was done or omitted to be done, is validated.
6   Provisions consequent on enactment of Courts Legislation Amendment Act 2005
(1)  The amendments made to this Act by the Courts Legislation Amendment Act 2005 extend to proceedings before the Court that were instituted or that the Court started to hear before the commencement of the amendments.
(2)  The power conferred on the Court in respect of a judgment or order by section 69B, as inserted by the Courts Legislation Amendment Act 2005, extends to a judgment or order of the Court made or given before the commencement of that section.
7   Provisions consequent on enactment of Courts Legislation Amendment Act 2006
An amendment made to this Act by the Courts Legislation Amendment Act 2006 extends to proceedings before the Court that were instituted or that the Court started to hear before the commencement of that amendment but had not finally determined before that commencement.
8   Provisions consequent on enactment of Courts Legislation Amendment Act 2007
(1)  Section 32, as in force immediately before being repealed by Schedule 6[13] to the Courts Legislation Amendment Act 2007, continues to apply to proceedings commenced in a Division of the Court before, but not yet finalised by, the date of the commencement of Schedule 6[13] as if it had not been repealed.
(2)  The amendments to this Act that are made by the Courts Legislation Amendment Act 2007 do not affect the validity of any form in force before the commencement of Schedule 6[34] to that Act.
9   Provisions consequent on enactment of Courts and Crimes Legislation Further Amendment Act 2008
Any application or order that purports to have been made under section 40 before the commencement of Schedule 14[9] to the Courts and Crimes Legislation Further Amendment Act 2008 is taken to have been validly made if it could have been validly made had that section, as amended, then been in force.
10   Provisions consequent on enactment of Planning Appeals Legislation Amendment Act 2010
Section 34AA as inserted by, and the amendment to section 34A made by, the Planning Appeals Legislation Amendment Act 2010 do not apply to proceedings commenced in the Court (but not determined) before the commencement of section 34AA.
11   Provisions consequent on enactment of Courts and Other Legislation Amendment Act 2011
(1)  The amendment of section 17(d) by the amending Act does not affect the continued allocation of proceedings brought under repealed section 96 or 96AA of the Environmental Planning and Assessment Act 1979 (as in force before the commencement of section 97AA of that Act) to Class 1 of the Court’s jurisdiction.
(2)  Section 34A (as amended by the amending Act) extends to—
(a)  appeals under section 97AA of the Environmental Planning and Assessment Act 1979 lodged (but not yet heard) before the commencement of section 34A(1)(c1), and
(b)  applications under section 14B of the Trees (Disputes Between Neighbours) Act 2006 made (but not yet heard) before the commencement of section 34(1)(g).
(3)  Section 34A (as in force immediately before the repeal of section 34A(1)(a) and (b) by the amending Act) continues to apply in relation to appeals made under repealed section 96 or 96AA of the Environmental Planning and Assessment Act 1979 (as in force before the commencement of section 97AA of that Act).
(4)  In this clause—
12   Provisions consequent on enactment of Courts and Other Legislation Amendment Act 2012
(1)  Section 13(6), as inserted by the amending Act, extends to a person who, immediately before that insertion, was an acting Commissioner.
(2)  Section 63, as in force immediately before the amendment of that section by the amending Act, continues to apply in respect of proceedings commenced before that amendment.
(3)  In this clause—
13   Provisions consequent on enactment of Courts and Other Legislation Further Amendment Act 2013
(1)  Section 11(3B) extends to a person who, immediately before the insertion of that subsection by the amending Act, was an acting Judge.
(2)  Section 12(2C) and (2D) extend to a person who, immediately before the insertion of those subsections by the amending Act, was a Commissioner.
(3)  Section 13(7) extends to a person who, immediately before the insertion of that subsection by the amending Act, was an Acting Commissioner (whether full-time or part-time).
(4)  In this clause—
14   Provision consequent on enactment of Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016
Section 13(4), as in force before its substitution by the Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016, continues to apply until the Statutory and Other Offices Remuneration Tribunal makes provision for the remuneration of acting Commissioners under the Statutory and Other Offices Remuneration Act 1975.