New South Wales: 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before the day appointed and notified under section 2(2) of the Environmental Planning and Assessment Act 1979. 3 (Repealed) 4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— Chief Judge means the Chief Judge of the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 Management Corporation Act 2010, or (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 a development contract within the meaning of the Community Land Development Act 2021 or an agreement implied by or section 81 of the Strata Schemes Development Act 2015. strata renewal plan means a strata renewal plan under the Strata Schemes Development Act 2015 that has been given effect by an order of the Court. 21 Class 5—environmental planning and protection summary enforcement The Court has jurisdiction (referred to in this Act as "Class 5" of its jurisdiction) to hear and dispose of the following in a summary manner— (a) proceedings under Parts 8.2 and 8.3 of the Protection of the Environment Operations Act 1997, (a1) proceedings under section 67, 70, 71, 73, 74, 77, 80, 81, 84, 92, 93 or 94 of the Water NSW Act 2014 or offences under regulations made under that Act, (aa) proceedings under section 23 of the Ozone Protection Act 1989, (b) proceedings under Divisions 1, 3 and 4 of Part 10 of the Pesticides Act 1999, (ba) proceedings under section 11.1 of the Crown Land Management Act 2016, (c)–(d) (Repealed) (da) proceedings under section 47(5) of the Dangerous Goods (Road and Rail Transport) Act 2008, (e) proceedings under section 158 of the Heritage Act 1977, (f) proceedings under section 9.57 of the Environmental Planning and Assessment Act 1979, (faa) proceedings under Divisions 1, 2, 2A and 4 of Part 10 of the Contaminated Land Management Act 1997, (fa) proceedings under section 12 of the Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986, (g) proceedings under section 691 of the Local Government Act 1993, (ga) proceedings under section 364 of the Water Management Act 2000. (gb) proceedings under section 277(1)(c) of the Fisheries Management Act 1994, (gc) proceedings under section 53 of the Sydney Water Act 1994, (h) proceedings under section 176(1AA) of the National Parks and Wildlife Act 1974, (ha) proceedings under section 21 of the Very Fast Train (Route Investigation) Act 1989, (hb) proceedings under Division 1 of Part 13 of the Biodiversity Conservation Act 2016, (hc) proceedings for an offence under section 15 of the Trees (Disputes Between Neighbours) Act 2006, (he) proceedings for an offence under the Marine Pollution Act 2012, (hf) proceedings for an offence under section 25 of the Protection from Harmful Radiation Act 1990, (hg) proceedings under section 119 of the Building and Development Certifiers Act 2018, (hfa) proceedings for an offence under the Design and Building Practitioners Act 2020, (hfb) proceedings for an offence under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, (hfc) proceedings for an offence under the Plastic Reduction and Circular Economy Act 2021, (hg) proceedings under section 55 of the Coal Mine Subsidence Compensation Act 2017, (hh) proceedings for an offence under the Water Industry Competition Act 2006, (i) any other proceedings for an offence which an Act provides may be taken before, or dealt with by, the Court. 21A Class 6—appeals from convictions relating to environmental offences The Court has jurisdiction (referred to in this Act as "Class 6" of its jurisdiction) to hear and dispose of appeals under section 31 or 42 of the Crimes (Appeal and Review) Act 2001. 21B Class 7—other appeals relating to environmental offences The Court has jurisdiction (referred to in this Act as "Class 7" of its jurisdiction) to hear and dispose of appeals under section 32 or 43 of the Crimes (Appeal and Review) Act 2001. 21C Class 8—mining matters (1) The Court has jurisdiction (referred to in this Act as "Class 8" of its jurisdiction) to hear and dispose of proceedings arising under the Mining Act 1992 or the Petroleum (Onshore) Act 1991. (2) This section does not apply to proceedings for an offence under either of those Acts. 22 Determination of matter completely and finally The Court shall, in every matter before the Court, grant either absolutely or on such terms and conditions as the Court thinks just, all remedies to which any of the parties appears to be entitled in respect of a legal or equitable claim properly brought forward by that party in the matter, so that, as far as possible, all matters in controversy between the parties may be completely and finally determined and all multiplicity of proceedings concerning any of those matters may be avoided. 23 Making of orders The Court has power, in relation to matters in which it has jurisdiction, to make orders of such kinds, including interlocutory orders, as the Court thinks appropriate. Division 2 Claims for compensation 24 Claim for compensation in compulsory acquisition cases (1) If— (a) a claim is made for compensation because of the compulsory acquisition of land in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, Division 2 of Part 12 of the Roads Act 1993 or any other Act, and (b) no agreement is reached between the claimant and the authority required to pay the compensation, the claim is (subject to any such Act) to be heard and disposed of by the Court and not otherwise. (2) The Court shall, for the purpose of determining any such claim, give effect to any relevant provisions of any Acts that prescribe a basis for, or matters to be considered in, the assessment of compensation. (3) (Repealed) 25 Determination of estate, interest and amount (1) In hearing and disposing of any claim referred to in section 24, the Court shall have jurisdiction to determine the nature of the estate or interest of the claimant in the subject land and the amount of compensation (if any) to which the claimant is entitled. (2) In the exercise of its jurisdiction under subsection (1), the Court may order that any other person who claims to have had or who may have had an interest in the subject land at the date of acquisition or taking be joined as a party to the proceedings and may then proceed to determine the nature of the estate or interest of that person and the amount of compensation (if any) to which the person is entitled. (3) (Repealed) Division 3 Orders of conditional validity for certain development consents 25A Application of Division (1) This Division applies to— (a) a development consent granted, or purporting to be granted, under the Environmental Planning and Assessment Act 1979— (i) by the Minister, and (ii) whether before or after the commencement of this subsection, and (b) a development consent granted, or purporting to be granted, under the Environmental Planning and Assessment Act 1979— (i) by any other consent authority, and (ii) in respect of a development application made on or after the commencement of this subsection. (2) This Division extends to invalidity arising from any steps preliminary to the granting of a development consent to which this Division applies, whether those steps were taken, or should have been taken, by the Minister or any other consent authority, or by any other person or body. (3) In particular, this Division extends to invalidity arising from non-compliance with requirements declared to be mandatory requirements under section 4.60 of the Environmental Planning and Assessment Act 1979. (4) A reference in this Division to the Minister is a reference to the Minister responsible for the administration of the Environmental Planning and Assessment Act 1979. 25B Orders for conditional validity of development consents (1) The Court may, instead of declaring or determining that a development consent to which this Division applies is invalid, whether in whole or in part, make an order— (a) suspending the operation of the consent in whole or in part, and (b) specifying terms compliance with which will validate the consent (whether without alterations or on being regranted with alterations). (2) Terms may include (without limitation)— (a) terms requiring the carrying out again of steps already carried out, or (b) terms requiring the carrying out of steps not already commenced or carried out, or (c) terms requiring acts, matters or things to be done or omitted that are different from acts, matters or things required to be done or omitted by or under this Act or any other Act. 25C Orders for validity of development consents (1) On application by the Minister or any other consent authority for an order under this subsection on the grounds that the terms specified under section 25B have been substantially complied with and that it is not proposed that the relevant development consent be regranted with alterations, the Court may make an order— (a) declaring that the terms have been substantially complied with, and (b) declaring that the consent is valid, and (c) revoking the order of suspension. (2) On application by the Minister or any other consent authority for an order under this subsection on the ground that the terms specified under section 25B have been substantially complied with and that the development consent has been regranted with alterations as referred to in section 4.61 of the Environmental Planning and Assessment Act 1979, the Court may make an order— (a) declaring that the terms have been complied with, and (b) declaring that the development consent has been validly regranted, and (c) declaring that the suspended development consent has been revoked, and (d) revoking the order of suspension. 25D Power to grant another development consent Nothing in this Division prevents the grant of another development consent in relation to the same matter, during or after the period of suspension, pursuant to a development application duly made. 25E Duty of Court It is the duty of the Court to consider making an order under this Division instead of declaring or determining that a development consent to which this Division applies is invalid, whether in whole or in part. Part 4 Exercise of jurisdiction Divisions 1, 2 26–28 (Repealed) Division 3 Organisation generally 29 Sittings of the Court (1) The Court shall sit at such places and times as the Chief Judge may direct. (2) More than one sitting of the Court may be held at the same time. 30 Arrangement of business of the Court (1) The Chief Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to— (a) the Judge, Commissioner or Commissioners who is or are to exercise the Court's jurisdiction in particular matters or classes of matters, and (b) the Commissioner or Commissioners who is or are to exercise any other function under this Act. (2) Subject to subsections (2A), (2B) and (2C), in determining the Commissioner or Commissioners who is or are to exercise the jurisdiction of the Court or any other function under this Act in relation to any proceedings, regard shall be had to the knowledge, experience and qualifications of the Commissioners and to the nature of the matters involved in the proceedings. (2A) A Commissioner shall not exercise the jurisdiction of the Court or any other function under this Act in relation to any proceedings arising under the Aboriginal Land Rights Act 1983, unless the Commissioner has a qualification referred to in section 12(2)(g). (2B) A Commissioner whose only qualification under section 12(2) or (2AA) is a qualification referred to in section 12(2)(g) shall not exercise the jurisdiction of the Court or any other function under this Act in relation to any proceedings other than proceedings arising under the Aboriginal Land Rights Act 1983. (2C) A Commissioner shall not exercise the jurisdiction of the Court or any other function under this Act in relation to proceedings in Class 8 of the Court's jurisdiction unless the Commissioner is an Australian lawyer. (3) Where the hearing of any proceedings has been commenced or completed by 2 or more Commissioners in accordance with section 36 but, before the proceedings have been disposed of, one of those Commissioners has ceased to be a Commissioner or has ceased to be available for the purposes of the proceedings— (a) if the parties agree and the Chief Judge concurs, the proceedings may be heard and disposed of, or disposed of, by the remaining Commissioner or Commissioners, or (b) in any other case—the proceedings shall be reheard in accordance with this Act. (4) Where proceedings are reheard, as referred to in subsection (3), the Court or the Commissioner or Commissioners rehearing the proceedings may, for the purposes of those proceedings, have regard to any record of the proceedings before the Commissioners referred to in that subsection, including a record of any evidence taken in the proceedings. 31 Irregularity of proceedings (1) This section applies if the Court determines, on application by a party or of its own motion, that any proceedings before it are not being dealt with in the manner appropriate to the class of jurisdiction to which they belong. (2) In the circumstances referred to in subsection (1), the Court may make either of the following orders on such terms as may be necessary— (a) an order that the proceedings be dismissed, (b) an order that the proceedings be dealt with in the appropriate manner. (3) If the Court makes an order referred to in subsection (2)(b)— (a) the proceedings are taken to have been duly commenced, and (b) any step that has been taken in the proceedings is deemed to have been duly taken. (4) The Court may make such orders as it thinks fit for the future conduct of the proceedings. 32 (Repealed) 33 Exercise of jurisdiction generally (1) Classes 1, 2 and 3 of the Court's jurisdiction shall, in accordance with this Act, be exercised by a Judge or one or more Commissioners. (2) Classes 4, 5, 6 and 7 of the Court's jurisdiction shall, in accordance with this Act, be exercised by a Judge. (2A) Class 8 of the Court's jurisdiction shall, in accordance with this Act, be exercised by a Judge or by a Commissioner who is an Australian lawyer. (3) The Court's jurisdiction under section 16(1A) is to be exercised by a Judge, but this subsection does not prevent a Judge from being assisted by one or more Commissioners in accordance with section 37. Division 4 Special provisions respecting Class 1, 2 or 3 proceedings 34 Conciliation conferences (1) If proceedings are pending in Class 1, 2 or 3 of the Court's jurisdiction, the Court— (a) may arrange a conciliation conference between the parties or their representatives, with or without their consent, and (b) if it does so, must notify the parties or their representatives of the time and place fixed for the conference. (1A) It is the duty of each party to proceedings where a conciliation conference has been arranged under subsection (1) to participate, in good faith, in the conciliation conference. (2) A conciliation conference is to be presided over by a single Commissioner. (3) If, either at or after a conciliation conference, agreement is reached between the parties or their representatives as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision that the Court could have made in the proper exercise of its functions), the Commissioner— (a) must dispose of the proceedings in accordance with the decision, and (b) must set out in writing the terms of the decision. (4) If no such agreement is reached, the Commissioner must terminate the conciliation conference and— (a) unless the parties consent under paragraph (b), must make a written report to the Court— (i) stating that no such agreement has been reached and that the conciliation conference has been terminated, and (ii) setting out what in the Commissioner's view are the issues in dispute between the parties, or (b) if the parties consent to the Commissioner disposing of the proceedings, must dispose of the proceedings— (i) following a hearing, whether held forthwith or later, or (ii) with the consent of the parties, on the basis of what has occurred at the conciliation conference. (5) The Commissioner, when giving his or her decision under subsection (4)(b), is to give reasons for the decision— (a) in writing, or (b) orally and recorded by means that can be reproduced. (6) If satisfied that there is a good reason to do so, the Commissioner may adjourn the conciliation conference to a time and place fixed in consultation with the Registrar. (7) Subject to this Act and the rules, the Commissioner disposing of, or hearing and disposing of, proceedings pursuant to subsection (3) or (4)(b) has and may exercise the functions of the Court. (8) The decision of the Commissioner under subsection (3) or (4)(b) is taken to be the decision of the Court. (9) If a report is made to the Court under subsection (4)(a), it must, as soon as practicable, furnish a copy of the report to each of the parties. (10) If an agreement is reached between the parties and proceedings are being dealt with under subsection (3), any document signed by the parties is admissible as to the fact that such an agreement has been reached and as to the substance of the agreement. (10A) The same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to— (a) a conciliation conference, and (b) a document or other material sent to or produced to a Commissioner, or sent to or produced at the Court or the registry of the Court, for the purpose of enabling a conciliation conference to be arranged. (10B) The privilege conferred by subsection (10A) extends only to a publication made— (a) at a conciliation conference, or (b) in a document or other material sent to or produced to a Commissioner, or sent to or produced at the Court or the registry of the Court, for the purpose of enabling a conciliation conference to be arranged. (11) Subject to subsections (10) and (12)— (a) evidence of anything said or of any admission made in a conciliation conference is not admissible in any proceedings before any court, tribunal or body, and (b) a document prepared for the purposes of, or in the course of, or as a result of, a conciliation conference, or any copy of such a document, is not admissible in evidence in any proceedings before any court, tribunal or body. (12) Subsection (11) does not apply with respect to any evidence or document if the parties consent to the admission of the evidence or document. (13) The Commissioner presiding over a conference under this section in relation to any proceedings is disqualified from further participation in those proceedings, unless the parties otherwise agree. (14) Unless otherwise directed by the Chief Judge, the Registrar may preside over a conference under this section and, in that event, a reference in this section to a Commissioner includes a reference to the Registrar. 34AA Mandatory conciliation and arbitration (1) This section applies to the following proceedings pending in Class 1 of the Court's jurisdiction relating to appeals, objections and applications under section 8.7 or 8.9 of the Environmental Planning and Assessment Act 1979— (a) proceedings concerning development applications, or modifications to development consents, for— (i) development for the purposes of detached single dwellings and dual occupancies (including subdivisions), or alterations or additions to such dwellings or dual occupancies, or (ii) development of a kind prescribed by the regulations, (b) particular proceedings that the Court orders, on the application of a party to the proceedings or of its own motion, to be dealt with under this section. (2) Section 34 applies to the proceedings with the following modifications— (a) the Court must arrange a conciliation conference between the parties and their representatives with or without their consent, Note. The Commissioner has the discretion to determine the place (including an on-site hearing) fixed for the conciliation conference. (b) if no agreement of a kind referred to in section 34(3) is reached, the Commissioner who presides over the conciliation conference must terminate the conciliation conference and, subject to this section, dispose of the proceedings— (i) following a hearing held forthwith, or (ii) if the parties consent, on the basis of what has occurred at the conciliation conference. (3) The Court or the Commissioner may at any time, if the Court or Commissioner thinks it appropriate in the circumstances of the case, determine that proceedings are not to be dealt with or are not to continue to be dealt with under subsection (2). A determination may be made on the motion of the Court or Commissioner or on application by the parties. (4) If the Court or Commissioner determines that proceedings are not to be dealt with or are not to continue to be dealt with under subsection (2), the proceedings are to be dealt with under section 34C. 34A Proceedings to which on-site hearing procedures apply (1) This section applies to the following proceedings, if the proceedings have not been disposed of under section 34— (a), (b) (Repealed) (c) proceedings in Class 1 of the Court's jurisdiction that are brought under section 8.7 of the Environmental Planning and Assessment Act 1979, (c1) proceedings in Class 1 of the Court's jurisdiction that are brought under section 8.9 of the Environmental Planning and Assessment Act 1979, (d) proceedings in Class 1 of the Court's jurisdiction that are brought under section 8.18 of the Environmental Planning and Assessment Act 1979, (e) proceedings in Class 1 of the Court's jurisdiction that are brought under section 8.25 of the Environmental Planning and Assessment Act 1979, (f) proceedings in Class 2 of the Court's jurisdiction that are brought under section 7 of the Trees (Disputes Between Neighbours) Act 2006, (g) proceedings in Class 2 of the Court's jurisdiction that are brought under section 14B of the Trees (Disputes Between Neighbours) Act 2006. (1A) This section does not apply to proceedings to which section 34AA applies. (2) If, in relation to proceedings under section 8.7 of the Environmental Planning and Assessment Act 1979, the parties agree, or, in the absence of any such agreement, the Registrar at the first or a subsequent callover determines, that the proceedings involve proposed development that— (a) has an estimated value that is less than half the median sale price for the previous quarter for all dwellings in the local government area in which the development is proposed to be carried out, and (b) if carried out, would have little or no impact beyond neighbouring properties, and (c) does not involve any significant issue of public interest beyond any impact on neighbouring properties, the proceedings are to be dealt with under section 34B, subject to subsection (6). (2A) Proceedings to which this section applies (other than proceedings under section 8.7 of the Environmental Planning and Assessment Act 1979) are to be dealt with under section 34B, subject to subsection (6), if the Registrar at the first or a subsequent callover determines that the proceedings— (a) have little or no impact beyond neighbouring properties, and (b) do not involve any significant issue of public interest beyond any impact on neighbouring properties. (3) Proceedings that are dealt with under section 34B are referred to in this Act as on-site hearing matters. (4) Proceedings to which this section applies, other than those referred to in subsection (2) or (2A), are to be dealt with under section 34C, subject to subsection (6). (5) Proceedings that are dealt with under section 34C are referred to in this Act as court hearing matters. (6) At any time before proceedings to which this section applies commence to be dealt with under section 34B or 34C, the Court, on the application of a party or of its own motion, may determine that the proceedings are to be dealt with— (a) under section 34C instead of under section 34B, or (b) under section 34B instead of under section 34C. 34B Arrangements for dealing with on-site hearing matters (1) Proceedings that are dealt with under this section are to be dealt with by means of an on-site conference to be heard and disposed of by one or more Commissioners. (2) The on-site conference is to be held on the site of the proposed development, unless the Commissioner is of the opinion that— (a) it would be unfair to the interests of one or more of the parties to hold the on-site conference there, or (b) the lack of facilities at that site make it impractical to hold the on-site conference there. (3) The Commissioner may dispose of the proceedings with or without further hearing, at any time after the conclusion of the on-site conference. (4) The Commissioner, when giving his or her decision, is to give reasons for the decision— (a) in writing, or (b) orally and recorded by means that can be reproduced. (5) The provisions of section 36(2)–(6) apply to the hearing and disposal of proceedings under this section. (6) In this section, Commissioner means the Commissioner or Commissioners hearing the on-site hearing matter. 34C Arrangements for dealing with court hearing matters (1) Proceedings that are dealt with under this section are to be dealt with, at the direction of the Chief Judge— (a) by a Judge, or (b) by a single Commissioner, or (c) if, in the opinion of the Chief Judge, the hearing of the proceedings is likely to be lengthy, or if the proceedings involve a publicly controversial site, or a publicly controversial development, or if the proceedings involve a substantial number of issues, or if the Chief Judge is of the opinion that it is otherwise appropriate to do so, by a panel consisting of— (i) two or more Commissioners, or (ii) a Judge and one or more Commissioners. (2) The appointment of a person to a panel is to be made having regard to the relevance of the person's expertise and experience to the subject of the proceedings. (3) If a panel consists of two or more Commissioners, the provisions of section 36(2)–(7) apply to the proceedings before the panel in the same way as those provisions apply to proceedings under section 36. (4) If a panel consists of a Judge and one or more Commissioners— (a) subject to this Act and the rules, the panel has and may exercise the functions of the Court, and (b) the Judge is to preside at the hearing of the proceedings before the panel, and (c) the Commissioner or Commissioners may advise and assist the Judge but are not to adjudicate on any matter before the panel, and (d) the provisions of section 37(4) apply to the Judge who is a member of the panel in the same way as those provisions apply to a Judge before whom proceedings referred to in section 37(1) or (2) are pending, and (e) the decision of the panel is taken to be the decision of the Court. (5) The provisions of section 36(2), (3), (5), (6) and (7) apply to the hearing and disposal of proceedings under this section by a single Commissioner in the same way as those provisions apply to the hearing and disposal of proceedings under that section by a single Commissioner. 34D Site inspections in court hearing matters Before disposing of a court hearing matter, the Court (or the persons exercising the functions of the Court) must make an inspection of the site of the proposed development, unless— (a) all the parties agree to dispense with an inspection, or (b) the Court (or the persons exercising the functions of the Court) considers that the matter can be properly determined without the need for an inspection. 35 Inquiries by Commissioners (1) Where proceedings are pending in Class 3 of the Court's jurisdiction, the Court may, with the consent of the parties, direct that an inquiry into any issue raised in, or other matter connected with, the proceedings be made by a single Commissioner. (2) The Commissioner making an inquiry pursuant to this section shall make a report to the Court. (3) Where a report is made to the Court under subsection (2), the Court shall, as soon as practicable, furnish a copy of the report to each of the parties. (4) The Court may, with the consent of the parties, adopt any findings or observations set out in a report under subsection (2). (5) A Commissioner, in making an inquiry pursuant to this section, shall have and may exercise the functions of the Court under section 68 of the Civil Procedure Act 2005. (6) A Commissioner who has made an inquiry pursuant to this section in relation to any proceedings is disqualified from further participation in those proceedings, unless the parties otherwise agree. 36 Delegation to Commissioners (1) Where proceedings are pending in Class 1, 2 or 3 of the Court's jurisdiction (other than proceedings that are being dealt with under section 34A or 40), the Chief Judge— (a) except as provided by paragraph (b) or subsection (1B), may, of the Chief Judge's own motion or on the request of a party, direct that the proceedings be heard and dis