Land and Environment Court Act 1979 (NSW)

Land and Environment Court Act 1979 No 204 An Act to constitute the Land and Environment Court and to make provision with respect to its jurisdiction. Part 1 Preliminary 1 Name of Act This Act may be cited as the Land and Environment Court Act 1979. 2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided by this section, this Act shall commence on— (a) such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette (being a day that is not later than the day referred to in paragraph (b)), or (b) if a day is not appointed and notified under paragraph (a)—the day appointed and notified under section 2(2) of the Environmental Planning and Assessment Act 1979. (3) Section 71 shall commence on the day appointed and notified under section 2(2) of the Environmental Planning and Assessment Act 1979. (4) No proceedings shall be commenced in the Court before the day appointed and notified under section 2(2) of the Environmental Planning and Assessment Act 1979. 3 (Repealed) 4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— Chief Judge means the Chief Judge of the Court. Commissioner means a person appointed as a Commissioner of the Court under Division 3 of Part 2. Court means the Land and Environment Court constituted under this Act. court hearing matter—see section 34A(5). functions includes powers, authorities and duties. Judge means a Judge of the Court. mandatory judicial retirement age means the maximum age at which a Judge is required by law to retire. Note. Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Judges of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018. Section 44 of the Judicial Officers Act 1986, as amended, has increased the maximum retirement age for Judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Judges holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55(2) of the Constitution Act 1902. The retirement age of 72 years continues to apply to Judges who do not consent to the increased retirement age applying to them. on-site hearing matter—see section 34A(3). practice note means a practice note issued under section 76. Registrar means the Registrar of the Court. regulations means regulations for the time being in force under this Act. rules means rules of the Court. (2) A reference in this Act to the exercise of a function includes, where that function is a duty, the performance of that duty. Part 2 Constitution of the Court Division 1 Constitution 5 Constitution of the Court (1) There is hereby constituted a superior court of record to be known as the Land and Environment Court. (2) There shall be a seal of the Court, and any document required by or under this or any other Act or law to be sealed or stamped with the seal of the Court shall be so sealed or stamped. 6 Single Judge to constitute the Court (1) All proceedings in the Court, and all business arising out of any such proceedings, shall, subject to this Act, be heard and disposed of before a Judge, who shall constitute the Court. (2) Subsection (1) does not affect the provisions of this Act and the rules concerning the hearing and disposal of proceedings and business before one or more Commissioners or other officers of the Court. Division 2 The Judges 7 Composition of the Court The Court shall be composed of a Chief Judge appointed by the Governor and such other Judges as the Governor may from time to time appoint. 8 Appointment and qualifications of Judges (1) The Governor may, by commission under the public seal of the State, appoint any qualified person to be a Judge. (2) A person is qualified for appointment as a Judge if the person is under 70 years of age and— (a) holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or (b) (Repealed) (c) is an Australian lawyer of at least 7 years' standing. 9 Remuneration etc (1) (Repealed) (2) Each Judge shall have the same rank, title, status and precedence and, except as provided by subsection (2A), the same remuneration and other rights as a Judge of the Supreme Court (other than the Chief Justice and the President of the Court of Appeal). (2A) The Chief Judge shall have the same remuneration as the President of the Court of Appeal. (3) (Repealed) 10 Acting Chief Judge (1) The Governor may, by commission under the public seal of the State, appoint a Judge (but not an acting Judge) to be Acting Chief Judge during such period as the Chief Judge may be absent from duty. (1A) While the Chief Judge is absent from Australia and an Acting Chief Judge has not been appointed under subsection (1), the senior Judge present in Australia is taken to be the Acting Chief Judge. (1B) For the purposes only of subsection (1A)— (a) the Judges shall have seniority between themselves according to the dates of their commissions as Judges under this Act, a Judge whose commission is dated earlier than that of another Judge being senior to that other Judge, and (b) if the commissions of two or more Judges bear the same date, those Judges shall have seniority between themselves according to the seniority assigned to them by their commission or, failing any such assignment, according to the order of their being sworn. (2) While holding office, the Acting Chief Judge shall have and may exercise the functions of the Chief Judge. 11 Acting Judges (1) The Governor may, by commission under the public seal of the State, appoint any qualified person to act as a Judge for a time not exceeding 5 years to be specified in the commission. (2) In subsection (1), qualified person means a person qualified for appointment as a Judge. (3) The person so appointed shall, for the time and subject to the conditions or limitations specified in the person's commission, have and may exercise the functions of a Judge and shall, for the purposes of this or any other Act, be deemed to be a Judge. (3A) The person so appointed may, despite the expiration of the period of the person's appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of that period. (3B) While a person completes or otherwise continues under subsection (3A) to deal with any matters relating to proceedings that have been heard or partly heard by the person before the expiration of the period of the person's appointment, the person has all the entitlements and functions of a Judge and, for the purpose of those proceedings, is taken to continue to be a Judge. (4) A retired Judge of the Court or of another court in New South Wales (including a retired judicial member of the Industrial Commission or the Industrial Relations Commission) may be so appointed even though the retired Judge has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years. (5) The conditions or limitations specified in a commission under this section may exclude the whole or any part of the period of appointment from being regarded as prior judicial service (within the meaning of section 8 of the Judges' Pensions Act 1953) by the person. 11A Supreme Court Judges may act as Land and Environment Court Judges (1) This section applies to each of the Judges of the Supreme Court (an eligible judicial officer) other than the following— (a) the Chief Justice, (b) the President of the Court of Appeal, (c) the other Judges of Appeal, (d) the Chief Judge at Common Law, (e) the Chief Judge in Equity, (f) an acting Judge. (2) An eligible judicial officer may act as a Judge for a particular period or in relation to particular proceedings in the Court if— (a) the Chief Judge certifies that it is expedient that the eligible judicial officer should act as a Judge of the Court for the period or in relation to the proceedings, and (b) the eligible judicial officer consents to acting as a Judge for the period or in relation to the proceedings, and (c) the Chief Justice consents to the eligible judicial officer acting as a Judge for the period or in relation to the proceedings. (3) The following provisions apply to and in respect of an eligible judicial officer who acts as a Judge of the Court pursuant to the provisions of this section— (a) the eligible judicial officer has, while acting as a Judge, all the powers, authorities, privileges and immunities of a Judge of the Land and Environment Court, (b) the eligible judicial officer may attend the sittings of the Court for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by the Court while the eligible judicial officer was acting as a Judge in the proceedings even if the eligible judicial officer is no longer acting as a Judge, (c) the eligible judicial officer is not, while receiving remuneration as a Judge of the Supreme Court, entitled to remuneration for acting as a Judge of the Land and Environment Court, (d) any service of the eligible judicial officer while acting as a Judge is taken for all purposes (including for the purposes of the Supreme Court Act 1970 and the Judges' Pensions Act 1953) to be service as a Judge of the Supreme Court, (e) nothing in this Act or any other law requires the eligible judicial officer to devote the whole of his or her time to the duties of acting as a Judge of the Land and Environment Court. Division 3 Commissioners 12 Commissioners (1) The Governor may appoint any qualified person to be a Commissioner of the Court. (2) A person is qualified to be appointed as a Commissioner if the person has, in the opinion of the Minister— (a) special knowledge of and experience in the administration of local government or town planning, (b) suitable qualifications and experience in town or country planning or environmental planning, (c) special knowledge of and experience in environmental science or matters relating to the protection of the environment and environmental assessment, (d) special knowledge of and experience in the law and practice of land valuation, (e) suitable qualifications and experience in architecture, engineering, surveying or building construction, (f) special knowledge of and experience in the management of natural resources or the administration and management of Crown lands, lands acquired under the Closer Settlement Acts and other lands of the Crown, or (g) suitable knowledge of matters concerning land rights for Aborigines and qualifications and experience suitable for the determination of disputes involving Aborigines, or (h) special knowledge of and experience in urban design or heritage. (2AA) A person is also qualified to be appointed as a Commissioner if the person is an Australian lawyer. (2AB) In appointing Commissioners, the Minister should ensure, as far as practicable, that the Court is comprised of persons who hold qualifications across the range of areas specified in subsections (2) and (2AA). (2AC) While exercising the jurisdiction of the Court or any other function under this Act in relation to proceedings in Class 8 of the Court's jurisdiction, a Commissioner may be called a "Commissioner for Mining". (2A) A person may be appointed as a full-time Commissioner or a part-time Commissioner. (2B) A person appointed as a part-time Commissioner is guilty of misbehaviour if, during the term of his or her appointment, the person appears as an expert witness, or acts as the representative of any party, in proceedings before the Court. (2C) A person appointed as a Commissioner may, despite the expiration of the term of the person's appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard or partly heard, or a conciliation conference that has been presided over or partly presided over, by the person before the expiration of that term. (2D) While a person completes or otherwise continues under subsection (2C) to deal with any matters relating to proceedings that have been heard or partly heard by the person, or conciliation conferences that have been presided over or partly presided over, before the expiration of the term of the person's appointment, the person has all the entitlements and functions of a Commissioner and, for the purpose of those proceedings or conferences, is taken to continue to be a Commissioner. (3) One of the full-time Commissioners may, by the instrument of the Commissioner's appointment or by a subsequent instrument, be appointed to be Senior Commissioner. (4) Schedule 1 has effect in respect of the Commissioners. 13 Acting Commissioners (1) The Governor may appoint any qualified person to act as a Commissioner of the Court for a time not exceeding 5 years to be specified in the instrument of appointment. (2) In subsection (1), qualified person means a person qualified for appointment as a Commissioner. (3) The person so appointed has and may exercise, for the time and subject to the conditions or limitations specified in the instrument of appointment, the functions of a Commissioner and is, for the purposes of this or any other Act, deemed to be— (a) in the case of a person acting on a full-time basis—a full-time Commissioner, and (b) in the case of a person acting on a part-time basis—a part-time Commissioner. (4) An acting Commissioner is entitled to be paid— (a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and (b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the acting Commissioner. (5) The provisions of the Government Sector Employment Act 2013 do not apply to or in respect of the appointment of an acting Commissioner, and an acting Commissioner is not, in the acting Commissioner's capacity as such, subject to those provisions during the acting Commissioner's term of office. (6) A person so appointed may, despite the expiration of the term of the person's appointment, complete or otherwise continue to deal with any matter relating to proceedings that have been heard or partly heard, or a conciliation conference that has been presided over or partly presided over, by the person before the expiration of that term. (7) While a person completes or otherwise continues under subsection (6) to deal with any matters relating to proceedings or a conciliation conference, the person has all the entitlements and functions of a Commissioner (in the case of a person who acted on a full-time basis) or a part-time Commissioner (in the case of a person who acted on a part-time basis) and, for the purpose of those proceedings or that conference, is taken to continue to be a full-time Commissioner or part-time Commissioner (as the case may be). 14 Disqualification of Commissioners (1) Where a Commissioner— (a) has a pecuniary interest, direct or indirect, in a matter which is the subject of proceedings before the Court, or (b) is a member, officer, employee or servant of a public or local authority that is a party to any proceedings before the Court, being proceedings in respect of which the Commissioner is exercising any functions conferred or imposed on the Commissioner by or under this Act or the rules, then— (c) the Commissioner shall inform the Chief Judge that the Commissioner has such an interest or is such a member, officer, employee or servant, and (d) the Commissioner shall thereupon cease to exercise those functions in relation to the proceedings. (2) A decision of the Court is not vitiated by reason that a Commissioner has failed to comply with subsection (1). Division 4 Other officers of the Court 15 Appointment of other officers (1) A Registrar, an Assistant Registrar and such other officers of the Court as may be necessary for the proper administration of this Act and the rules may be employed under the Government Sector Employment Act 2013. (2) The Registrar, Assistant Registrar and other officers of the Court shall have such functions as may be prescribed by this Act, the rules or the regulations. (3) The Assistant Registrar shall have and may exercise the functions of the Registrar, and all acts, matters and things done or omitted by the Assistant Registrar shall be as valid and effectual and shall have the same consequences as if the acts, matters and things had been done or omitted by the Registrar. Part 3 Jurisdiction of the Court Division 1 General 16 Jurisdiction of the Court generally (1) The Court shall have the jurisdiction vested in it by or under this or any other Act. (1A) The Court also has jurisdiction to hear and dispose of any matter not falling within its jurisdiction under any other provision of this Act or under any other Act, being a matter that is ancillary to a matter that falls within its jurisdiction under any other provision of this Act or under any other Act. (2) For the purposes of this Act, the jurisdiction of the Court is divided into 8 classes, as provided in this Division. 17 Class 1—environmental planning and protection appeals The Court has jurisdiction (referred to in this Act as "Class 1" of its jurisdiction) to hear and dispose of the following— (a) appeals under Part 9.2 of the Protection of the Environment Operations Act 1997, (aa) appeals under section 85 of the Water NSW Act 2014, (ab) appeals under section 22 of the Dams Safety Act 2015, (b) appeals under section 114 of the Pesticides Act 1999, (ba), (bb) (Repealed) (c) appeals under section 368 (1) and (1A) of the Water Management Act 2000, (ca) appeals under section 54 of the Biological Control Act 1985, (cb), (cc) (Repealed) (d) appeals, objections and applications under sections 4.55, 8.7, 8.8, 8.9, 8.16, 8.18, 8.21, 8.22, 8.23 and 8.25 of, and clause 35 of Schedule 5 to, the Environmental Planning and Assessment Act 1979, (da) (Repealed) (e) appeals under section 30, 70, or 70A of the Heritage Act 1977 and appeals remitted to the Court under section 77(1)(b) of the Heritage Act 1977 in respect of applications under the Environmental Planning and Assessment Act 1979, (ea) appeals to the Court under the Biodiversity Conservation Act 2016, (eb) appeals to the Court under Part 5A of the Local Land Services Act 2013, (f) (Repealed) (g) (Repealed) (h) appeals under Part 6 of the Contaminated Land Management Act 1997, (ha) appeals under section 18 or 36A of the Protection from Harmful Radiation Act 1990, (i) appeals under section 24 of the Plantations and Reafforestation Act 1999, (j) appeals under section 35(1)(a) or 45(1)(a) of the Dangerous Goods (Road and Rail Transport) Act 2008, and (ja) appeals under regulations under the Dangerous Goods (Road and Rail Transport) Act 2008 if the regulations prescribe the appeals are to be heard by the Court, (k) appeals under sections 90L and 91T of the National Parks and Wildlife Act 1974, (l) appeals under section 9.21 of the Crown Land Management Act 2016, (m) appeals under the Water Industry Competition Act 2006, section 11A. (n) appeals to the Court under the Plastic Reduction and Circular Economy Act 2021, Part 8. 18 Class 2—local government and miscellaneous appeals and applications The Court has jurisdiction (referred to in this Act as "Class 2" of its jurisdiction) to hear and dispose of the following— (a) appeals or objections under sections 176, 177, 178, 180, 182 and 611 of the Local Government Act 1993, (a1) appeals under sections 15 and 105, and applications under section 106, of the Roads Act 1993, (a2) appeals under section 307 of the Water Management Act 2000, (a3) proceedings under section 71X(5) of, or Schedule 1A to, the Water Management Act 2000, (b) appeals under the Community Land Development Act 2021, section 51, (c) appeals under sections 66 and 85 of the Strata Schemes Development Act 2015, (c1) appeals under section 16 of the Lake Illawarra Authority Act 1987, (c2) appeals under section 38C or 38F of the Roads Act 1993, (c3) appeals under section 26 of the Swimming Pools Act 1992, (c4) (Repealed) (d) appeals remitted to the Court under section 77(1)(b) of the Heritage Act 1977 other than appeals referred to in section 17(e), (e) appeals under section 120L of the Heritage Act 1977, (f) proceedings under sections 86 and 92 of the Strata Schemes Development Act 2015 and under section 52 of the Community Land Development Act 2021, (g) applications under the Trees (Disputes Between Neighbours) Act 2006 (including applications involving the exercise of jurisdiction under the Dividing Fences Act 1991), (h) appeals under section 39 of the Plumbing and Drainage Act 2011, (i) appeals under sections 140, 182, 213, 259, 277, 328 and 360 of the Biosecurity Act 2015, (j) despite any other provision of this Division—appeals under any Act to the Court against building product rectification orders made under the Building Products (Safety) Act 2017, (k) proceedings under section 90 of the Design and Building Practitioners Act 2020, (l) proceedings under sections 10, 30, 49 and 52 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020. 19 Class 3—land tenure, valuation, rating and compensation matters The Court has jurisdiction (referred to in this Act as "Class 3" of its jurisdiction) to hear and dispose of the following— (a) appeals, references or other matters that may be heard and disposed of by the Court under the Crown Land Management Act 2016 or Division 2 of Part 12 of the Roads Act 1993, being appeals, references or other matters that are not referred to in any other section of this Part, (b) appeals under section 37(1) of the Valuation of Land Act 1916, (b1) (Repealed) (c) appeals against boundary determinations under Part 14A (Boundary determinations) of the Real Property Act 1900, (c1) proceedings under the Encroachment of Buildings Act 1922, (d) appeals and applications under sections 179, 181, 526 (and section 526 as applied by section 531), 574, 677 and 730 of the Local Government Act 1993, (d1) appeals under section 64 of the Fire and Emergency Services Levy Act 2017, (e) claims for compensation by reason of the acquisition of land, referred to in Division 2, (e1) (Repealed) (e2) proceedings under sections 29, 30 and 31 of the Access to Neighbouring Land Act 2000, (e3) appeals under section 22 or 24 of the Lord Howe Island Act 1953, (f) (Repealed) (f1) appeals under section 16 of the Coal Mine Subsidence Compensation Act 2017, (g) proceedings to recover compensation payable pursuant to sections 4.57(7) and 8.19 of the Environmental Planning and Assessment Act 1979, (g1) appeals under section 44, 202 or 220AA of the Fisheries Management Act 1994, (g2) appeals under section 36(7) or 174 of the Aboriginal Land Rights Act 1983, (g3) references under section 175 of the Aboriginal Land Rights Act 1983, (g4) claims for compensation under section 71X of the Water Management Act 2000, (g5) applications under section 40(2) of this Act, (g6) applications and proceedings under Divisions 6, 7 and 8 of Part 10 of the Strata Schemes Development Act 2015, (h) any other appeals, references or other matters which an Act provides may be heard and disposed of by the Court, being appeals, references or other matters that are not referred to in any other section of this Part. 20 Class 4—environmental planning and protection, development contract and strata renewal plan 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 3.27 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 9.45 of the Environmental Planning and Assessment Act 1979, (ca) proceedings under section 57 of the Environmentally Hazardous Chemicals Act 1985, (caa) proceedings under Divisions 6 and 6A of Part 3, Part 7 and Division 3 of Part 10 of the Contaminated Land Management Act 1997, (cab) proceedings under the Contaminated Land Management Act 1997, section 95AE or 95C, (cb) proceedings under section 96 of the Pesticides Act 1999, (cbb) proceedings under section 108 or 110 of the Pesticides Act 1999, (cc) proceedings under the Pesticides Act 1999, section 99(6) or 112C, (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 sections 193 and 202 of the National Parks and Wildlife Act 1974, (cga) proceedings under Division 2 of Part 13 and sections 13.22 and 13.27 of the Biodiversity Conservation Act 2016, (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, (cib) proceedings under the Protection of the Environment Operations Act 1997, section 251A, (cic) proceedings under the Protection of the Environment Operations Act 1997, section 253B, (cid) proceedings under the Protection of the Environment Operations Act 1997, sections 296P and 296Q, (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 57 of the Dangerous Goods (Road and Rail Transport) Act 2008, (cl), (cm) (Repealed) (cn) proceedings relating to elections for members of local boards (including relating to enrolment) under regulations made under the Local Land Services Act 2013, (co) proceedings under the Protection from Harmful Radiation Act 1990, section 24A, 25B, 26(5), 27, 27A or 28, (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 50 (Prevention of unauthorised work) of the Coal Mine Subsidence Compensation Act 2017, (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 91 of the Design and Building Practitioners Act 2020, (dea) proceedings under section 31 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, (df) proceedings under section 10.32, 11.13 or 11.19 of the Crown Land Management Act 2016, (df1) proceedings under sections 335, 336 and 336E of the Water Management Act 2000, (dg) proceedings under section 353D of the Water Management Act 2000, (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, (dj) proceedings under sections 109, 148, 171, 350 and 385 of the Biosecurity Act 2015, (dk) proceedings under section 105 of the Building and Development Certifiers Act 2018, (dl) proceedings under the Plastic Reduction and Circular Economy Act 2021, section 34, (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, a development contract or a strata renewal plan, (b) to review, or command, the exercise of a function conferred or imposed by a planning or environmental law, a development contract or a strata renewal plan, (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), Biodiversity Conservation Act 2016, Biological Control Act 1985, Coal Mine Subsidence Compensation Act 2017, Coastal Management Act 2016, Contaminated Land Management Act 1997, Dangerous Goods (Road and Rail Transport) Act 2008 and regulations made under the Act, Environmental Planning and Assessment Act 1979, Environmentally Hazardous Chemicals Act 1985, Fire and Emergency Services Levy Act 2017, Part 5A or 5B of the Forestry Act 2012, Heritage Act 1977, Part 2 of Chapter 6, Chapter 7 or Chapter 15 of the Local Government Act 1993, Part 5A or 5B of, and Schedule 5A to, the Local Land Services Act 2013, Schedule 3 to the Miscellaneous Acts (Planning) Repeal and Amendment Act 1979, National Parks and Wildlife Act 1974, Ozone Protection Act 1989, Pesticides Act 1999, Plantations and Reafforestation Act 1999, Plastic Reduction and Circular Economy Act 2021, Plumbing and Drainage Act 2011, Protection of the Environment Administration Act 1991, Protection of the Environment Operations Act 1997, Protection from Harmful Radiation Act 1990, Rural Fires Act 1997, Trees (Disputes Between Neighbours) Act 2006, Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986, Waste Avoidance and Resource Recovery Act 2001, Waste Assets Managem